Examples of New Mezzanine Borrower in a sentence
In addition, Borrower shall cause the formation of one or more special purpose, bankruptcy remote entities as required by Lender in order to serve as the borrower under any New Mezzanine Loan (each, a “New Mezzanine Borrower”) and the applicable organizational documents of Borrower shall be amended and modified as necessary or required in the formation of any New Mezzanine Borrower.
In addition, Borrower shall cause the formation of one or more special purpose, bankruptcy remote entities as required by Lender in order to serve as the borrower under any New Mezzanine Loan (each, a “New Mezzanine Borrower”) and the applicable organizational documents of Borrower, Mortgage Borrower, Mezzanine A Borrower and Mezzanine C Borrower, shall be amended and modified as reasonably necessary or required in the formation of any New Mezzanine Borrower.
It shall be an Event of Default hereunder if Borrower, Mezzanine B Borrower or New Mezzanine Borrower fails to comply with any of the terms, covenants or conditions of this Section 9.8 and such failure shall continue for more than ten (10) Business Days after Borrower, Mezzanine B Borrower or New Mezzanine Borrower, as the case may be, shall have received written notice thereof.
Borrower, Mezzanine A Borrower and New Mezzanine Borrower shall pay all costs and expenses in connection with the creation of any New Mezzanine Loan and all requirements relating thereto.
Borrower shall cause the formation of one or more special purpose, bankruptcy remote entities as required by Lender in order to serve as the borrower under any New Mezzanine Loan (each, a “New Mezzanine Borrower”) and the applicable organizational documents of Borrower shall be amended and modified as necessary or required in the formation of any New Mezzanine Borrower.
In addition, Borrower and Baltimore Owner shall cause the formation of one or more special purpose, bankruptcy remote entities as required by Lender in order to serve as the borrower under any New Mezzanine Loan (each, a “New Mezzanine Borrower”) and the applicable organizational documents of Borrower, Baltimore Owner and Mezzanine Borrower shall be amended and modified as reasonably necessary or required in the formation of any New Mezzanine Borrower.
Borrower and New Mezzanine Borrower shall be a special purpose, bankruptcy remote entity pursuant to applicable Rating Agency criteria and shall own directly or indirectly one hundred percent (100%) of Mortgage Borrower, Mezzanine A Borrower or Borrower, as applicable.
In addition, Borrower shall cause the formation of one or more special purpose, bankruptcy remote entities as required by Lender in order to serve as the borrower under any New Mezzanine Loan (each, a “New Mezzanine Borrower”) and the applicable organizational documents of Borrower, Mortgage Borrower, Mezzanine B Borrower and Mezzanine C Borrower, shall be amended and modified as reasonably necessary or required in the formation of any New Mezzanine Borrower.
Notwithstanding anything set forth herein, (i) in no event shall Borrower be permitted under this provision to enter into a note (other than the Note and the other Loan Documents) or other instrument for borrowed money and (ii) nothing herein shall prohibit the delivery of a note by a New Mezzanine Borrower or Mezzanine Borrower in connection with any New Mezzanine Loan or Mezzanine Loan incurred in accordance with the terms of this Agreement.
Commitment charges / Liquidated Damages shall be for the delays directly attributable to the Contractor and exempted for force majeure conditions videclause 22 hereof, subject to documentary evidence.