Examples of Senior Mezzanine Loan Agreement in a sentence
Borrower shall cause Mortgage Borrower and Senior Mezzanine Borrower to deposit and maintain each of the Mortgage Loan Reserve Funds and Senior Mezzanine Loan Reserve Funds (if any) as more particularly set forth in Article VII of the Mortgage Loan Agreement and Senior Mezzanine Loan Agreement and to perform and comply with all the terms and provisions relating thereto.
Borrower shall not consent to or permit a prepayment in full or in part of the Mortgage Loan or Senior Mezzanine Loan (other than prepayment required under the Mortgage Loan Agreement, the Senior Mezzanine Loan Agreement or in respect of Optional Note Purchases under the Note Sales Agreement) unless it obtains the prior consent of Lender, unless the Loan shall likewise be prepaid (in the same proportion, in the case of any partial prepayment) in accordance with this Agreement.
Borrower shall cause Senior Mezzanine Borrower to comply with Section 2.6.4 of the Senior Mezzanine Loan Agreement.
If the Mortgage Lender and Senior Mezzanine Lender do not require the deposit by the Mortgage Borrower or Senior Mezzanine Borrower of the “Net Proceeds Deficiency” pursuant to the Mortgage Loan Agreement or the Senior Mezzanine Loan Agreement, as applicable, Lender shall have the right to demand that Borrower make a deposit of said “Net Proceeds Deficiency” in accordance with the terms of such Section (as if each reference therein to “Borrower” and “Lender” referred to Borrower and Lender, respectively).
For purposes of this Article 8, Borrower shall obtain the approval of Lender for each matter requiring the approval of Mortgage Lender and Senior Mezzanine Lender under the provisions of the Mortgage Loan Agreement and the Senior Mezzanine Loan Agreement, with each reference in any such provisions to the “Loan” to include the Mortgage Loan, the Senior Mezzanine Loan and the Loan, and the reference in any such provisions to the “Maturity Date” to mean the Maturity Date, as defined herein.
As a condition to any prepayment contemplated by this Section 2.6(a), Borrower shall have delivered evidence satisfactory to Lender that the Senior Mezzanine Loan and Junior Mezzanine Loan are simultaneously being prepaid on a pro-rata basis in accordance with the terms of the Senior Mezzanine Loan Agreement and Junior Mezzanine Loan Agreement, respectively.
Borrower shall not cause or permit the prepayment of the Mortgage Loan or the Senior Mezzanine Loan in whole or in part, unless either (i) the Loan is simultaneously repaid in whole or in part on a pro rata basis in accordance with and subject to the limitations hereof or (ii) the conditions set forth in Section 2.6 of the Mortgage Loan Agreement or Senior Mezzanine Loan Agreement, as applicable, are satisfied.
The Foundation is a nonprofit corporation organized under Idaho law in 1967.
By: Name: Title: Date: , 20[ ] Reference is hereby made to the Senior Mezzanine Loan Agreement dated as of June 13, 2018 (as amended, restated, replaced, supplemented or otherwise modified from time to time, the “Agreement”), between Bank of America, N.A., Barclays Bank PLC, and Xxxxxx Xxxxxxx Mortgage Capital Holdings LLC, collectively, as Lender, and [ ], as Borrower.
Mezzanine Borrower shall cause each Senior Mezzanine Borrower to fully keep, perform and comply with (or cause to be kept, performed and complied with) each of the covenants, terms and provisions set forth in its respective Senior Mezzanine Loan Agreement and its respective Pledge (Senior Mezzanine), which are hereby incorporated by reference as if fully set forth herein, notwithstanding any waiver or future amendment of such covenants, terms and provisions by the applicable Senior Mezzanine Lender.