Terrorism Insurance. Insurance required under Section 6.10(a)(i) and (ii) and Section 6.10(b) will provide coverage for acts of terrorism. Terrorism coverage may be provided through one or more separate policies, which will be on terms (including amounts) consistent with those required under Section 6.10(a)(i) and (ii) and Section 6.10(b). If Insurance against acts of terrorism is not available at commercially reasonable rates and if the related hazards are not at the time commonly insured against for properties similar to the Mortgaged Property and located in or around the region in which the Mortgaged Property is located, then Lender may opt to temporarily suspend, cap or otherwise limit the requirement to have such terrorism insurance for a period not to exceed one year, unless such suspension or cap is renewed by Lender for additional one year increments.
Terrorism Insurance. With respect to each Mortgage Loan that has a principal balance as of the Cut-off Date that is greater than or equal to $20,000,000, the related all risk insurance policy and business interruption policy do not specifically exclude Acts of Terrorism, as defined in the Terrorism Risk Insurance Act of 2002, from coverage, or if such coverage is excluded, is covered by a separate terrorism insurance policy. With respect to each other Mortgage Loan, the related all risk insurance policy and business interruption policy did not as of the date of origination of the Mortgage Loan, and, to Seller's knowledge, do not, as of the date hereof, specifically exclude Acts of Terrorism from coverage, or if such coverage is excluded, it is covered by a separate terrorism insurance policy. With respect to each of the Mortgage Loans, the related Mortgage Loan documents do not expressly waive or prohibit the mortgagee from requiring coverage for acts of terrorism or damages related thereto, except to the extent that any right to require such coverage may be limited by commercially reasonable availability, or as otherwise indicated on Schedule A.
Terrorism Insurance. With respect to each Mortgage Loan that has a Stated Principal Balance as of the Cut-Off Date that is greater than or equal to $20,000,000, the related all risk insurance policy and business interruption policy do not specifically exclude acts of terrorism from coverage. With respect to each other Mortgage Loan, the related all risk insurance policy and business interruption policy did not, as of the date of origination of the Mortgage Loan, and, to the Mortgage Loan Seller's knowledge, does not as of the date hereof, specifically exclude acts of terrorism from coverage. With respect to each of the Mortgage Loans, the related Mortgage Loan Documents do not expressly waive or prohibit the mortgagee from requiring coverage for acts of terrorism or damages related thereto, except to the extent that any right to require such coverage may be limited by commercially reasonable availability, or as otherwise indicated on Schedule A.
Terrorism Insurance. With respect to each Mortgage Loan that has a Stated Principal Balance as of the Cut-off Date that is greater than or equal to $20,000,000, the related all risk insurance policy and business interruption policy do not specifically exclude acts of terrorism from coverage or a separate policy has been obtained covering acts of terrorism. As of the date of origination of the Mortgage Loan the related all risk insurance policy and business interruption policy did not, and as of the date hereof, to the Mortgage Loan Seller’s knowledge, the related all risk insurance policy and business interruption policy does not, specifically exclude acts of terrorism from coverage. The knowledge of the Mortgage Loan Seller referred to in the preceding sentence is based on the procedures described on Schedule C hereto. With respect to each of the Mortgage Loans, the related Mortgage Loan Documents do not expressly waive or prohibit the mortgagee from requiring coverage for acts of terrorism or damages related thereto, except to the extent that any right to require such coverage may be limited by commercially reasonable availability, or as otherwise indicated on Schedule C to this Agreement.
Terrorism Insurance. With respect to each Mortgage Loan that has a Stated Principal Balance as of the Cut-off Date that is greater than or equal to $20,000,000, the related all risk insurance policy and business interruption policy do not specifically exclude acts of terrorism from coverage. With respect to each other Mortgage Loan, the related all risk insurance policy and business interruption policy did not as of the date of origination of the Mortgage Loan, and, to the Mortgage Loan Seller's knowledge, does not as of the date hereof, specifically exclude acts of terrorism from coverage. With respect to each of the Mortgage Loans, the related Mortgage Loan Documents do not expressly waive or prohibit the mortgagee from requiring coverage for acts of terrorism or damages related thereto, except to the extent that any right to require such coverage may be limited by commercially reasonable availability, or as otherwise indicated on Schedule C to this Agreement. SCHEDULE C EXCEPTIONS TO MORTGAGE LOAN REPRESENTATIONS AND WARRANTIES Sch. C-1 INDIVIDUAL MORTGAGE LOANS (PRINCIPAL COMMERCIAL FUNDING, LLC - PWR13)
Terrorism Insurance. Insurance required under Section 6.10(a)(i) and (ii) and Section 6.10(b) will provide coverage for acts of terrorism. Terrorism coverage may be provided through one or more separate policies, which will be on terms (including amounts) consistent with those required under Section 6.10(a)(i) and (ii) and Section 6.10(b).
Terrorism Insurance o Walgreens - Madison, WI (410905037) ($2,000,000): Borrower's obligation to provide required casualty (including windstorm and terrorism), property (including rent loss) and liability insurance is suspended if (i) tenant (Walgreen's) carries third party insurance required under its lease or elects to self-insure as permitted thereunder, and (ii) tenant maintains an S & P senior unsecured debt rating of at least "A"; Walgreen's currently self-insures with respect to casualty (including windstorm and terrorism), but insurance certificate indicates that third party coverage is in place as to comprehensive general liability and rent loss coverages EXHIBIT D-1 FORM OF CERTIFICATE OF THE SECRETARY OR AN ASSISTANT SECRETARY OF THE MORTGAGE LOAN SELLER Executed Certificate attached at Tab 45. EXHIBIT D-2 XXXX XX XXXXXXXXXXX XX XXX XXXXXXXX XXXX XXXXER CERTIFICATE OF MORTGAGE LOAN SELLER In connection with the execution and delivery by Wells Fargo Bank, National Association ("Wells Fargo Bank") of, xxx xhe consummation of the various transxxxxxns contemplated by, that certain Mortgage Loan Purchase and Sale Agreement dated as of December 6, 2006 (the "Mortgage Loan Purchase Agreement") among Wells Fargo Bank as seller and Bear Stearns Commercial Mortgage Xxxxxities Inc. as purchaser (the "Pxxxxxxxr"), the undersigned hereby certifies that (i) except as previously disclosed to the Purchaser in writing, the representations and warranties of Wells Fargo Bank in or made pursuant to Section 4(a) of the Mortxxxx Loan Purchase Agreement are true and correct in all material respects at and as of the date hereof with the same effect as if made on the date hereof, (ii) Wells Fargo Bank has, in all material respects, complied with alx xxx agreements and satisfied all the conditions on its part required under the Mortgage Loan Purchase Agreement to be performed or satisfied at or prior to the date hereof, and (iii) since the date of the Mortgage Loan Purchase Agreement, there will not have been, immediately prior to the transfer of the Mortgage Loans pursuant to the Mortgage Loan Purchase Agreement, any material adverse change in the financial condition of Wells Fargo Bank. Capitalized terms used but not defined herein xxxxx have the respective meanings assigned to them in the Mortgage Loan Purchase Agreement. Certified this 19 day of December, 2006. WELLS FARGO BANK, NATIONAL XXSOCIATION By: ------------------------------------ Name: Title: EXHIBIT D-3A FORM OF OPINION PURSU...
Terrorism Insurance. With respect to each Mortgage Loan that has a Stated Principal Balance as of the Cut-off Date that is greater than or equal to $20,000,000, the related all risk insurance policy and business interruption policy do not specifically exclude acts of terrorism from coverage. With respect to each other Mortgage Loan, the related all risk insurance policy and business interruption policy did not as of the date of origination of the Mortgage Loan, and, to the Mortgage Loan Seller's knowledge, does not as of the date hereof, specifically exclude acts of terrorism from coverage. With respect to each of the Mortgage Loans, the related Mortgage Loan Documents do not expressly waive or prohibit the mortgagee from requiring coverage for acts of terrorism or damages related thereto, except to the extent that any right to require such coverage may be limited by commercially reasonable availability, or as otherwise indicated on Schedule C to this Agreement. SCHEDULE C EXCEPTIONS TO MORTGAGE LOAN REPRESENTATIONS AND WARRANTIES Sch. C-1 NATIONWIDE LOANS IN PWR13 EXCEPTIONS TO REPS & WARRANTIES CROSSWOODS AT CENTRAL PARK Rep#12. Environmental Conditions The Phase I Environmental Report is dated more than 12 months from the scheduled Closing Date of September 2006. The Phase I Environmental Report is dated August 24, 2005. 525 BROAD HOLLOW Rep# 16. Borrower Bankruptcy Allen V. Rose, who is xxx xxxxxxxx member and has approximately 93% ownership interest in the Borrowing Entity, filed for bankruptcy in the early 1990's concerning a loan that was secured by 20 hotel properties. The loan was closed in November 1989. The loan amount was $115 million and was secured by 20 hotel properties many of which were in the southwest. Shortly after the closing, the recession of the early 1990's set in and the business conditions made it impossible for the properties to generate sufficient cash flow to cover debt service. At the lender's request, a prepackaged bankruptcy was filed and lender took the properties in foreclosure. PLAZA AT LAKE PARK Rep#12. Environmental Conditions The Phase I Environmental Report is dated more than 12 months from the scheduled Closing Date of September 2006. The Phase I Environmental Report is dated July 5, 2005. 800 CORPORATE CENTER Rep# 16. Borrower Bankruptcy Allen V. Rose, who is xxx xxxxxxxx member and has approximately 93% ownership interest in the Borrowing Entity, filed for bankruptcy in the early 1990's concerning a loan that was secured by 20 hotel pr...
Terrorism Insurance. With respect to each Mortgage Loan, the related all risk insurance policy and business interruption policy did not as of the date of origination of the Mortgage Loan, and does not as of the date hereof, specifically exclude acts of terrorism from coverage. With respect to each of the Mortgage Loans, the related Mortgage Loan documents do not expressly waive or prohibit the mortgagee from requiring coverage for acts of terrorism or damages related thereto, except to the extent that any right to require such coverage may be limited by commercially reasonable availability.
Terrorism Insurance. A policy of terrorism insurance in an amount acceptable to Administrative Agent.
