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assignment of leases shall mean, with respect to each individual property, a first priority assignment of leases and rents, in form and substance satisfactory to lender, dated as of the closing date from the applicable borrower and/or operating lessee, as assignor, to lender, as assignee, assigning to lender all of such borrowers and/or operating lessees right, title and interest in and to the leases and the rents, as the same may thereafter from time to time be supplemented, amended, modified or extended by one or more written agreements supplemental thereto. collection account bank shall mean, with respect to each individual property, the collection bank for such individual property and any successor bank hereafter selected by each applicable borrower which owns such individual property and approved by lender in accordance with each collection account agreement. engineering report(s) means, with respect to each individual property, the structural engineering report(s) with respect to such individual property (i) prepared by an engineer, (ii) addressed to or permitted by such preparer to be relied upon by lender, (iii) prepared based on a scope of work determined by lender in lenders discretion, and (iv) in form and content acceptable to lender in lenders discretion, together with any amendments or supplements thereto. no replacement or substitute franchisor shall be selected, approved or consented to by any borrower or operating lessee other than in accordance with the terms hereof. the establishment of the libor rate on each interest rate adjustment date by the lender and the lenders calculation of the rate of interest applicable to this note shall (in the absence of manifest error) be final and binding. management agreement means the management agreement entered into between manager and each borrower or operating lessee pertaining to the management of each individual property in the form attached to the managers subordinations. operating income shall not include any rental or other payments due and payable to borrower by operating lessee pursuant to the terms of any operating lease. secretarys certificate means, with respect to each borrower and operating lessee, the certificate in form and substance satisfactory to lender in lenders discretion dated as of the closing date. subordination, attornment and security agreement shall mean for each operating lease, a subordination, attornment and security agreement or other similar agreement among lender, the applicable borrower and the operating lessee, in form and substance acceptable to lender, as the same may be amended, restated, replaced, supplemented or otherwise modified in accordance with the terms hereof. (c) the requesting of the additional advance shall constitute, without the necessity of specifically containing a written statement to such effect, a confirmation, representation and warranty by borrowers to lender that all of the applicable conditions to be satisfied in connection with the making of the additional advance have been satisfied (unless waived in writing by lender). (b) at any time during the term of the loan, if any borrower is required by lender under the provisions of any mortgage to prepay the loan or any portion thereof in the event of damage to or destruction of, or a taking of any individual property, such borrower shall pay any insurance proceeds or condemnation proceeds in the following manner and order of priority (i) first, to prepay the loan to the full extent of the insurance proceeds or the condemnation proceeds, as applicable, to the extent of the allocated loan amount for the applicable individual property without penalty together with interest through the end of the interest accrual period, and (ii) to the borrowers. (d) no borrower shall be permitted at any time to prepay all or any part of the loan except as expressly provided in this section. no borrower or operating lessee shall have any right of withdrawal in respect to the cash collateral account. on the date hereof, borrower shall deposit $0 into the deferred maintenance and environmental reserve account, which amounts shall be used for payment of costs incurred by borrower in connection with any deferred maintenance or remediation required pursuant to this agreement. each borrower and operating lessee agrees that prior to the payment in full of the indebtedness, the cash collateral account agreement shall be irrevocable by any borrower or operating lessee without the prior written consent of lender. each borrower agrees that it will not sell or otherwise dispose of any of the account collateral other than pursuant to the terms hereof and of the other loan documents, or create or permit to exist any lien upon or with respect to all or any of the account collateral, except for the liens granted to lender under this agreement. each borrower shall take all actions reasonably requested by lender to enforce lenders rights under the rate cap pledge and security agreement in the event of a default by the counterparty thereunder and shall not waive, amend or otherwise modify any of its rights thereunder without lenders reasonable consent (which consent may be conditioned on receipt of a rating agency confirmation). each applicable borrower and each applicable operating lessee shall have executed and delivered to lender the assignments of leases, and the assignments of leases shall have been irrevocably delivered to an authorized title agent for the title insurer for such recordation in the appropriate filing offices in the jurisdiction in which the applicable individual property is located. lender shall have received certificates of insurance demonstrating insurance coverage in respect of each individual property as required by and in accordance with the mortgages. such searches shall have been conducted in each of the locations designated by lender in lenders reasonable discretion and shall have been dated not more than fifteen (15) days prior to the closing date. (b) lender shall not be obligated to make the loan unless and until each of the applicable conditions precedent set forth in this section 3.1 is satisfied and until borrower provides any other information reasonably required by lender.
each applicable borrower and operating lessee is not in default (beyond any applicable notice, cure or grace period) in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any indenture, agreement or instrument to which it is a party or by which such borrower, operating lessee or the applicable individual property is bound which could reasonably be expected to have a material adverse effect. (i) each plan and, to the knowledge of any borrower or operating lessee, each multiemployer plan, is in compliance in all material respects with, and has been administered in all material respects in compliance with, its terms and the applicable provisions of erisa, the code and any other federal or state law, and no event or condition has occurred as to which any borrower or operating lessee would be under an obligation to furnish a report to lender under section 5.1(q). the permitted encumbrances do not and are not likely to materially and adversely affect (i) the ability of any borrower to pay in full all sums due under the note or any of its other obligations in a timely manner or (ii) the use of any individual property for the use currently being made thereof, the operation of such individual property as currently being operated or the value of any individual property. no borrower or operating lessee has or shall suffer, permit or initiate the joint assessment of any applicable individual property (i) with any other real property constituting a separate tax lot, and (ii) with any portion of any individual property which may be deemed to constitute personal property, or any other procedure whereby the lien of any taxes which may be levied against such personal property shall be assessed or levied or charged to any individual property as a single lien. the loan documents executed by each applicable borrower or operating lessee in connection with the loan are the legal, valid and binding obligations of each such borrower or operating lessee, enforceable against each such borrower or operating lessee in accordance with their terms, subject only to bankruptcy, insolvency and other limitations on creditors rights generally and to equitable principles. each individual property is covered by either an american land title association (alta) mortgagees title insurance policy, or a commitment to issue such a title insurance policy, insuring a valid first lien on such individual property, which is in full force and effect and is freely assignable to and will inure to the benefit of lender and any successor or assignee of lender, including but not limited to the trustee in a securitization, subject only to the permitted encumbrances. each franchise agreement is in full force and effect, there is no material default (beyond any applicable notice, cure or grace period) thereunder by any party thereto and to the best of borrowers and operating lessees knowledge and except as set forth on schedule 2 hereof, no event has occurred that, with the passage of time and/or the giving of notice would constitute a default thereunder, and no fees under any franchise agreement are accrued and unpaid. without limiting any other provision of this agreement, with respect to each secondary market transaction, within 3 days of receipt of lenders request, each borrower or operating lessee shall deliver to lender a certification (a) remaking all of the representations and warranties contained in this agreement as of the date of such secondary market transaction, or (y) otherwise specifying any changes in or qualifications to such representations and warranties as of such date as may be necessary to make such representations consistent with the facts as they exist on such date. any such amounts so advanced by lender together with interest thereon from the date expended by lender of the default rate shall be part of the indebtedness and borrower shall immediately repay such amounts to lender upon demand. each borrower and operating lessee shall permit agents, representatives and employees of lender to inspect their individual properties or any part thereof at such reasonable times as may be requested by lender upon reasonable advance written notice and without materially interfering with the business conducted at the individual property. (8) each borrower and operating lessee shall, concurrently with such borrowers or operating lessees delivery to lender, provide a copy of the items required to be delivered to lender under this section 5.1(o) to the rating agencies, the trustee, and any servicer and/or special servicer that may be retained in conjunction with the loan or any secondary market transaction. upon lenders request from time to time during the term of the loan, each borrower and operating lessee shall certify in writing to lender that such borrowers or operating lessees, as applicable, representations, warranties and obligations under section 4.1(oo) and this section remain true and correct and have not been breached. borrowers and operating lessee shall also promptly reimburse to lender any and all costs and expenses incurred by lender in evaluating the effect of such an event on the loan and lenders interest in the collateral for the loan, in obtaining any necessary license from governmental authorities as may be necessary for lender to enforce its rights under the loan documents, and in complying with all legal requirements applicable to lender as the result of the existence of such an event and for any penalties or fines imposed upon lender as a result thereof. the rights, powers and remedies of lender under this agreement shall be cumulative and not exclusive of any other right, power or remedy which lender may have against any borrower or any other person pursuant to this agreement or the other loan documents executed by or with respect to any borrower or any other person, or existing at law or in equity or otherwise. any and all of lenders rights with respect to the collateral shall continue unimpaired, and each borrower shall be and remain obligated in accordance with the terms hereof, notwithstanding (i) the release or substitution of collateral at any time, or of any rights or interest therein or (ii) any delay, extension of time, renewal, compromise or other indulgence granted by lender in the event of any default or event of default with respect to the collateral or otherwise hereunder. in particular, and not by way of limitation, by accepting payment after the due date of any amount payable under this agreement, the note or any other loan document, lender shall not be deemed to have waived any right either to require prompt payment when due of all other amounts due under this agreement, the note or the other loan documents, or to declare a default for failure to effect prompt payment of any such other amount. each borrower hereby expressly waives the right to receive any notice from lender with respect to any matter for which this agreement or the other loan documents does not specifically and expressly provide for the giving of notice by lender to such borrower. no failure by lender to perform any of its obligations hereunder shall be a valid defense to, or result in any offset against, any payments which borrower is obligated to make under any of the loan documents. each borrower hereby agrees to indemnify and hold lender harmless from and against any and all claims, liabilities, costs and expenses of any kind in any way relating to or arising from a claim by any person, that such person acted on behalf of any borrower in connection with the transactions contemplated herein. lender shall have the right to issue press releases, advertisements and other promotional materials describing lenders participation in the origination of the loan or the loans inclusion in any secondary market transaction effectuated or to be effectuated by lender. (c) for purposes hereof, the benefit amount of any individual borrower as of any date of determination shall be the net value of the benefits to such borrower from extensions of credit made by lender to (i) such borrower and (ii) to the other borrowers hereunder and the loan documents. each borrower and lender agrees that time is of the essence with regard to all obligations under this agreement and the other loan documents.
exhibit c interest rate cap agreement requirements exhibit e rate cap pledge and security agreement the applicable month for each individual property in “microsoft excel” format (if available);. countrywide financial corporation. ($335 million) and cutoff, the white pass rate is 1.27 times the minority pass rate. countrywide, the nation’s largest lender and loan servicer, program that it said could be a template in other takeovers. into a fixed-rate mortgage at current rates of about 6 percent., countrywide rate template free, countrywide rate template free, countrywide rate template example, countrywide rate template worksheet, countrywide rate template pdf.
bank of new york mellon and countrywide agreed to settle last summer but investors with loans in the the national rate.8 the crisis resulted from a real estate bubble caused by a combination of peacock argued that the household case could serve “as a template for future multi-. bank of america home loans is the mortgage unit of bank of america. in 2008, bank of america purchased the failing countrywide financial for mae, received below market rates loans at countrywide financial because the corporation , countrywide rate template microsoft, countrywide rate template format, countrywide rate template format, countrywide rate template spreadsheet, countrywide rate template template
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