Mezz Loan Documents definition
Examples of Mezz Loan Documents in a sentence
If Lender hereafter incurs any Costs in accordance herewith that Junior Mezz Borrower is required to reimburse or pay to Lender pursuant to the Junior Mezz Loan Documents, Lender shall promptly demand that Junior Mezz Borrower remit payment thereof to Lender in accordance with the Junior Mezz Loan Documents.
Furthermore, upon reasonable prior request from Participant, Lender shall request that Junior Mezz Borrower cause the Senior Mezz Borrower to cause the Project Owner to grant Participant access to the Property and to the books and records of the Junior Mezz Borrower, Senior Mezz Borrower and Project Owner to the fullest extent permitted pursuant to the Junior Mezz Loan Documents.
Without limiting the foregoing, Participant hereby waives any provisions of any applicable law that would purport to give Participant any right to enforce the Junior Mezz Loan Documents; any right to partition the Property, the Junior Mezz Loan or any collateral therefor; or any right to convey its Participation Interest; in each case except as expressly set forth in this Agreement.
Participant’s ownership of its Participation Interest shall not, and shall not be deemed to, give Participant privity of contract with Junior Mezz Borrower or with any party to any of the Junior Mezz Loan Documents other than Lender.
Borrower shall provide Lender with copies of all notices (except routine notices which would not include any notice related to any failure to comply with any terms of the Senior Mezz Loan Documents or regarding any event of default under the Senior Mezz Loan Documents) given or received by Senior Mezz Borrower under or pursuant to the Senior Mezz Loan Documents, promptly upon delivery or receipt as the case may be.
If Junior Mezz Borrower has not remitted the amount of such Costs as set forth in the Junior Mezz Loan Documents to Lender within the time that Junior Mezz Borrower is required to do so, Participant shall, promptly upon request by Lender (which shall include a statement of such Costs in reasonable detail), pay to Lender its respective pro rata share of such Costs (based on Participant’s Percentage Interest).
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Participant acknowledges that it has received and reviewed the Mortgage Loan Documents, the Senior Mezz Loan Documents and the Junior Mezz Loan Documents.
In addition, the terms of this Agreement do not in any way alter, modify, limit or amend any of the terms, conditions and provisions under the Junior Mezz Loan Documents and nothing herein will increase or decrease the rights and obligations of the holder of the Junior Mezz Loan with respect to the Junior Mezz Borrower or otherwise require any party hereto to take any action or perform any obligation hereunder that would violate the terms of the Junior Mezz Loan Documents.
Borrower shall not, nor shall it permit Senior Mezz Borrower to, amend or modify any of the Senior Mezz Loan Documents without the prior written consent of Lender.