Qualified Mezzanine Lender definition

Qualified Mezzanine Lender means the Entity or Person that provides the Qualified Mezzanine Loan, and that is approved by the Prepetition Secured Lender in its sole discretion.
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Qualified Mezzanine Lender means (a) any Qualified Institution, provided that such Qualified Institution, together with any other Qualified Institution proposing to make a portion of the same tranche of the Approved Mezzanine Loan, and together with entities Controlled by, Controlling or under common Control with each such Qualified Institution (i) has total real estate assets or loans (directly or indirectly, in name or under management) in excess of $1,000,000,000 and (except with respect to a pension advisory firm or similar fiduciary) capital/statutory surplus, shareholder’s equity or market capitalization in excess of $400,000,000 and (ii) is regularly engaged in the business of directly or indirectly making or owning commercial real estate loans or directly or indirectly owning or operating hotel properties similar to, or better in quality than, the Properties; (b) any entity Controlled and owned by, Controlling and owning or under common Control and ownership with, a Qualified Institution described in clause (a) above; or (c) any other mezzanine lender that has been approved by Lender in its reasonable discretion and approved by the Rating Agencies.
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Qualified Mezzanine Lender shall have the meaning set forth in the Mortgage Loan Agreement.
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Examples of Qualified Mezzanine Lender in a sentence

  • The Qualified Mezzanine Documents and the selection of the Qualified Mezzanine Lender are the results of and in compliance with the Marketing Process Order.

  • The Plan and the Plan Documents were negotiated in good faith and at arm’s length among the Debtors, the Prepetition Secured Lender, the Committee, the Qualified Manager, the Qualified Mezzanine Lender, and various other parties in interest.

  • The Debtors, the Qualified Mezzanine Lender, the Prepetition Secured Lender, the Qualified Manager, and their respective representatives and advisors, acted in good faith and in compliance with the Marketing Process Order in the selection of the Qualified Mezzanine Lender and in negotiating and implementing the Qualified Mezzanine Documents.

  • The waiver of default interest and Post-Effective Date Loan provided by the Prepetition Secured Lender, the New Hotel Management Agreement and $15 million of “key money” provided by the Qualified Manager, and the $25 million Qualified Mezzanine Loan provided by the Qualified Mezzanine Lender are the cornerstones of the Debtors’ reorganization.

  • The definitive documents governing these transactions are extensive and complex and require coordination withthree large institutional counterparties – the Qualified Manager that has been selected to manage the hotel upon its reopening, the Prepetition Secured Lender, and the Qualified Mezzanine Lender.

  • Importantly, the Prepetition Secured Lender, the Qualified Manager ( i.e., Signia), and the Qualified Mezzanine Lender required the releases in Section 10.6 of the Plan as a condition to supporting the proposed restructuring.

  • The Plan provides for a corporate reorganization that requires consummation of many complex financial and corporate transactions, including, but not limited to, (a) the rebranding of the hotel pursuant to the New Hotel management Agreement to be entered into with the Qualified Manager, (b) the Qualified Mezzanine Loan to be provided by a Qualified Mezzanine Lender, and (c) amendments to the Prepetition Secured Loan.


More Definitions of Qualified Mezzanine Lender

Qualified Mezzanine Lender means one or more of the following: (i) a real estate investment trust, bank, saving and loan association, investment bank, insurance company, trust company, commercial credit corporation, pension plan, pension fund or pension advisory firm, mutual fund, government entity or plan, (ii) investment company, money management firm or “qualified institutional buyer” within the meaning of Rule 144A under the Securities Act of 1933, as amended, or an institutional “accredited investor” within the meaning of Regulation D under the Securities Act of 1933, as amended, which is regularly engaged in the business of making or owning loans of similar types to the Mezzanine Loan or the Loan, (iii) a Qualified Trustee in connection with a securitization of, or the creation of collateralized debt obligations (“CDO”) secured by or financing through an “owner trust” of, the Mezzanine Loan, so long as (A) the special servicer or manager of such securitization, CDO or trust has the Required Special Servicer Rating, (B) the “controlling class” of such securitization vehicle is held by a Qualified Mezzanine Lender and (C) the operative documents of the related securitization vehicle, CDO or financing must require that (1) the “controlling class” or “equity interest” in such securitization vehicle or CDO are owned by a Qualified Transferee or a Permitted Investment Fund and (2) if any of the relevant trustee, special servicer, manager or controlling class fails to meet the requirements of such clause, such entity must be replaced by a qualifying entity within 30 days, (iv) an investment fund, limited liability company, limited partnership or general partnership (a “
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Qualified Mezzanine Lender means any insurance company, bank, savings and loan association, trust company, commercial credit corporation, investment bank, pension fund, pension plan, pension advisory firm, mutual fund, government entity or plan, investment company, money management firm and sovereign wealth fund, as well as any real estate investment trust, investment fund, limited liability company, limited partnership or general partnership in which an entity that is otherwise a Qualified Mezzanine Lender acts as the general partner, managing member or fund manager thereof, that in each case, (A) such entity, or such entity’s general partner, managing member or fund manager (together with the Affiliates of such entity or such entity’s general partner, managing member or fund manager) has total assets (in name or under management) in excess of $750,000,000.00 and a combined capital and surplus and shareholder’s equity (or, in the case of an insurance company, policyholder surplus) of at least $225,000,000.00 (which total assets and shareholder’s equity or policyholder’s surplus, as applicable, shall be calculated based upon the total assets and combined capital and surplus and shareholder’s equity (or policyholder surplus, as applicable), with respect to all entities constituting a Qualified Mezzanine Lender in the aggregate, provided that each such entity individually satisfies its pro rata share of such minimum required total assets and combined capital and surplus and shareholder’s equity (or policyholder surplus, as applicable)), and (B) such entity is regularly engaged in the business of making or owning (or in the case of a fund advisor or manager, advising or managing with respect to a fund that is regularly engaged in the business of making or owning) and managing commercial mortgage or mezzanine real estate loans. 153758634 Loan Agreement (CT/NJ Loan) - GTJ Portfolio Refinancing - AIG
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Qualified Mezzanine Lender means one or more of the following:
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Qualified Mezzanine Lender shall have the meaning given the term “Qualified Transferee” in the Intercreditor Agreement.
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Related to Qualified Mezzanine Lender

  • Mortgage lender means a domestic or foreign corporation authorized in this state to make loans secured by mortgages or deeds of trust.

  • Qualified Lender means a lender approved by the federal department of housing and urban development to enter into a loan insured by the federal government under 12 USC 1715z−20.

  • Qualified Manager means in the reasonable judgment of Lender, a reputable and experienced management organization (which may be an Affiliate of Borrower) possessing experience in managing properties similar in size, scope, use and value as the Property, provided, that Borrower shall have obtained (i) prior written confirmation from the applicable Rating Agencies that management of the Property by such Person will not cause a downgrade, withdrawal or qualification of the then current ratings of the Securities or any class thereof and (ii) if such Person is an Affiliate of Borrower, an Additional Insolvency Opinion.

  • Minority institution means an institution of higher education meeting the requirements of Section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving institution of higher education, as defined in Section 502(a) of the Act (20 U.S.C. 1101a).

  • Qualified Member means a member of the Committee who is a “Non-Employee Director” within the meaning of Rule 16b-3(b)(3) and an “outside director” within the meaning of Regulation 1.162-27 under Code Section 162(m).

  • Refinancing Loan shall have the meaning provided in Section 2.14(h)(i).

  • Disqualified Lender has the meaning specified in Section 10.06(b)(v).

  • Disqualified Lenders means (i) those Persons identified by the Lead Borrower to the Commitment Parties in writing prior to the Effective Date as being “Disqualified Lenders”, (ii) those Persons who are competitors of the Lead Borrower, the Acquired Company and/or any of their Subsidiaries or Persons Controlling or Controlled by any of the foregoing, in each case, identified by the Lead Borrower to the Commitment Parties (or on and following the Effective Date, the Administrative Agent) from time to time in writing (including by email) which designation shall become effective three (3) Business Days after the delivery of each such written designation to the Administrative Agent, but which shall not apply retroactively to disqualify any persons that have previously acquired, or entered into a trade to acquire, an assignment or participation interest in the Loan and (iii) in the case of each Person identified pursuant to clauses (i) and (ii) above, any of their Affiliates (other than any such Affiliate that is primarily engaged in, or that advises funds or other investment vehicles that are engaged in, making, purchasing, holding or otherwise investing in commercial loans, bonds and similar extensions of credit or securities in the ordinary course and with respect to which the primary Disqualified Lender does not possess the power to direct or cause the direction of the investment policies of such entity referenced in clause (ii) above, unless separately identified by the Lead Borrower pursuant to clause (i) above) that are either (x) identified in writing by the Lead Borrower to the Commitment Parties (or, on and following the Effective Date, the Administrative Agent) from time to time or (y) clearly identifiable as Affiliates on the basis of such Affiliate’s name. Such list of Disqualified Lenders shall be available for inspection upon request by any Lender. Notwithstanding anything to the contrary contained in this Agreement, (a) each Borrower and the Lenders acknowledge and agree that the Administrative Agent shall not be responsible or have any liability for, or have any duty to ascertain, inquire into, monitor or enforce, compliance with the provisions hereof relating to assignments or participations to a Disqualified Lender and (b) each Borrower and the Lenders agree that the Administrative Agent shall have no responsibility or obligation to determine whether any Lender or potential Lender is a Disqualified Lender and the Administrative Agent shall have no liability with respect to any assignment or participation made to a Disqualified Lender.