Examples of Mezzanine 2 Loan in a sentence
Pursuant to that certain Amended and Restated Mezzanine 2 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.
Borrower shall not permit the Sale or Pledge of all or a portion of the Mezzanine 2 Collateral and the related assumption of the applicable Mezzanine 2 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.
This Agreement amends, restates and supersedes the Existing Mezzanine 2 Loan Agreement in its entirety.
As of the date hereof, the outstanding principal balance of the Mezzanine 2 Loan is $137,794,870.00 (the Original Mezzanine 2 Loan, as the amount thereof may be increased or decreased from time to time after the date hereof, the “Mezzanine 2 Loan”).
As of the date hereof, the outstanding principal balance of the Mezzanine 1 Loan is $137,794,870.00 (the Original Mezzanine 2 Loan, as the amount thereof may be increased or decreased from time to time after the date hereof, the “Mezzanine 2 Loan”).
To the extent not prohibited by the Mezzanine 3 Loan Documents, Borrower shall or shall cause Mezzanine 2 Borrower to cause Mezzanine 2 Lender to remit to Lender any funds from Mezzanine 2 Loan Reserve Accounts that were outstanding therein at the time of the termination of such reserves to be held for the purpose of funding the equivalent substitute reserves.
Subject to the provisions of Section 2.4(f)(ii), any Net Liquidation Proceeds After Debt Service in excess of the Debt shall be paid to Mezzanine 2 Lender and applied in accordance with the terms of the Mezzanine 2 Loan Agreement.
Effective as of the consummation of the transactions contemplated by this Agreement, one hundred percent (100%) of the membership interests in Borrower are owned by Mezzanine 2 Borrower, free and clear of all Liens (other than the Liens created by the Loan Documents and the Mezzanine 2 Loan Documents).
To Mezzanine 2 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 2 Loan Documents, including, without limitation, any breach of any of the representations and warranties made by any Borrower Party in the Mezzanine 2 Loan Documents.
For purposes of this Section 17.5, all references to this Agreement, the Pledge Agreement or any of the other Loan Documents shall be deemed to include the Existing Mezzanine 2 Loan Agreement, the Existing Pledge Agreement and each of the other Existing Loan Documents.