Examples of Substitution Property in a sentence
In addition, in connection with the disposition of any Property by Borrower to a Person that is not an affiliate of Borrower or Guarantor, the Property so disposed shall be replaced with a Substitution Property selected by Lender.
Post-Closing Items with respect to any Substitution Property shall be delivered no later than the date that is 45 days following the selection of the Substitution Property, or such later date as to which Lender may grant its consent, not to be unreasonably withheld, delayed or conditioned (so long as Borrower is diligently pursuing the satisfaction of the applicable Post-Closing Items).
Lender shall have the sole and absolute discretion to either approve or disapprove any proposed substitution, provided that such approval shall not be unreasonably withheld so long as the Substitution Property is (i) of comparable quality as the Release Parcel being replaced, and (ii) Borrower demonstrates to Lender's satisfaction that the Substitution Property has a fair market value of no less than 90% of the fair market value of the Release Parcel immediately prior to substitution.
In connection with providing the Substitution Property, Borrower shall, at Borrower's expense, execute and deliver to Lender loan documents, including an additional deed of trust or mortgage, an assignment of leases, a UCC-1 financing statement, and any other document, including title policy, that Lender may require, in form and content acceptable to Lender in Lender's sole discretion, necessary in order to add the Substitution Property as collateral for the Loan.
Notwithstanding the foregoing, Borrower may transfer any Property to a Person not affiliated with Borrower or Guarantor provided that it (i) replaces such Property with a Substitution Property selected by Lender and otherwise complies with the requirements of Section 2.1 with respect to the replacement of a Property with a Substitution Property.
Borrower shall also provide for the Substitution Property all items required for the Property by the Loan Application and Commitment Agreement dated February 26, 1999 by and between Lender and Borrower for the Loan.
The Substitution Property will be required to have a value of not less than 90% of the fair market value of the Release Parcel to be reconveyed.
In conjunction with the reconveyance of a Release Parcel (described in Section 12.4), Borrower shall provide to Lender, as security for the Loan, the replacement and substitution of one or more new properties to secure the Loan, as provided herein (the "Substitution Property").
The Borrower shall also execute and deliver new deeds of trust or amendments or modifications to the current Loan Documents as may be necessary to fully encumber the Substitution Property as collateral security for the Loans and to provide that such Substitution Property and the Loan Documents delivered in connection therewith are cross-collateralized and cross-defaulted with the existing Loan Documents.
Furthermore, Lender will not approve a substitution that would negatively impact the loan portfolio with regard to its geographic diversity, credit risk, leasing pro formas, tenant quality, lease expiration risk and other similar factors, including the ability to legally cross-default and cross-collateralize the Substitution Property with the remainder of the portfolio, to be determined in Lender's sole discretion.