Examples of Mezzanine 1 Loan in a sentence
Borrower shall not permit the Sale or Pledge of all or a portion of the Mezzanine 1 Collateral and the related assumption of the applicable Mezzanine 1 Loan by any Person without the prior written consent of Lender, which consent may be given or withheld in Lender’s sole and absolute discretion.
As of the date hereof, the outstanding principal balance of the Mezzanine 1 Loan is $144,745,920.40 (the Original Mezzanine 1 Loan, as the amount thereof may be increased or decreased from time to time after the date hereof, the “Mezzanine 1 Loan”).
Pursuant to that certain Amended and Restated Mezzanine 1 Loan Agreement, dated as of March 10, 2011 (the “Closing Date”), by and between (i) Borrower and (ii) BRE/HH Acquisitions L.L.C. (“Prior Blackstone Lender”) and Barclays Capital Real Estate Finance Inc.
The Mezzanine 1 Loan and each of the related Mezzanine 1 Loan Documents are in full force and effect and there exists no Mezzanine 1 Loan Default thereunder by the applicable Mezzanine 1 Borrower or, to Borrower’s knowledge, any other party thereto and no event shall have occurred that, with the passage of time and/or the giving of notice, would constitute a Mezzanine 1 Loan Default thereunder.
The provisions of this Section 2.4(f)(iii) shall not be construed to contravene in any manner the restrictions and other provisions regarding refinancing of the Mortgage Loan, Mezzanine 1 Loan or the Sale or Pledge of any Individual Property or the Property as a whole, or of the Mezzanine 1 Collateral or the Collateral set forth in this Agreement and the other Loan Documents.
Notwithstanding the foregoing, so long as any Management Agreement (with a non-Affiliated Manager) then permitted hereunder shall be in effect, Lender shall only have approval rights, and Borrower shall only have obligations related to delivering drafts, with respect to any Annual Budget if and to the extent the applicable Borrower(s), Mezzanine 1 Loan Borrower(s), Mortgage Loan Borrower(s) or Maryland Owner have such approval rights and rights to receive drafts under the applicable Management Agreement.
As of the date hereof, the outstanding principal balance of the Original Mezzanine 1 Loan is $144,745,920.40 (the Original Mezzanine 1 Loan, as the amount thereof may be increased or decreased from time to time after the date hereof, the “Loan”).
Borrower shall have delivered or caused to be delivered to the Lender a bring-down of the final report of the Insurance Consultant that was delivered pursuant to the Mezzanine 1 Loan Agreement, which shall be dated reasonably near the Closing Date, with respect to the Borrower, all Project Companies and Projects, along with a reliance letter in favor of the Lender, which shall be dated reasonably near the Closing Date, in each case, in form and substance satisfactory to the Lender.
To Mezzanine 1 Lender’s knowledge, there currently exists no default or event which, with the giving of notice or the lapse of time, or both, would constitute a default under the Mezzanine 1 Loan Documents, including, without limitation, any breach of any of the representations and warranties made by any Borrower Party in the Mezzanine 1 Loan Documents.
All of the representations and warranties by each borrower, guarantor or indemnitor contained in the Mezzanine 1 Loan Documents with respect to each Mezzanine 1 Loan are true and correct in all material respects as of the date made thereunder.