Borrower Notices and Deliveries. Each Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any such Borrower which might materially adversely affect such Borrower's condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which such Borrower has knowledge; and (b) furnish and provide to Lender all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender (but no more frequently than twice in any year), (x) Borrowers (other than the TIC Borrowers) shall furnish to Lender within ten days, a certificate addressed to Lender, its successors and assigns reaffirming (to the best of their knowledge) all representations and warranties of Borrowers (other than with respect to the TIC Borrowers) set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) Borrowers shall use commercially reasonable efforts to furnish to Lender within 30 days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each Property in form and substance reasonably satisfactory to Lender.
Borrower Notices and Deliveries. Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against Borrower, Principal or Owner which might materially adversely affect Borrower, Borrower Representative’s or Owner’s condition (financial or otherwise) or business or the Property or the Pledged Collateral; (ii) any material adverse change in Borrower’s, Borrower Representative’s, or Owner’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Principal, Owner, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender (but no more frequently than twice in any year), Borrower shall furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) within thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the Property in form and substance reasonably satisfactory to Lender.
Borrower Notices and Deliveries. Borrowers shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against any Borrower or Borrower Representative which might materially adversely affect any Borrower's or Borrower Representative's condition (financial or otherwise) or business or any Property; (ii) any material adverse change in any Borrower's or Borrower Representative's condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower has knowledge; and (b) furnish and provide to Lender; (i) any Securities and Exchange Commission or other public filings (including all registration statements, regular periodic reports, 10K's, 10Q's), if any, of any Borrower, Borrower Representative, Manager, or any Affiliate of any of the foregoing (including Lodgian and Impac Hotel Group) promptly upon their becoming available, and commencing with the first quarter of 2001, shall cause such filings to be filed when due, and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements in Borrowers' possession or control, reasonably requested, from time to time, by Lender with respect to the Properties. In addition, after request by Lender (but no more frequently than twice in any year), Borrowers shall use its commercially reasonable best efforts to obtain and furnish to Lender within 30 days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant under a Material Lease at each Property in form and substance reasonably satisfactory to Lender.
Borrower Notices and Deliveries. Borrower shall (or shall cause Owner to): (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower or Sole Member which could reasonably be expected to have a Material Adverse Effect on the Property or the Collateral; (ii) any Material Adverse Effect, or of the occurrence of any Default or Event of Default of which Borrower has knowledge; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Sole Member, Owner, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing; and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender (but no more frequently than twice in any year), Borrower shall furnish to Lender (A) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (B) within thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the Property substantially in the same form delivered to Lender in connection with Lender’s underwriting of the Loan.
Borrower Notices and Deliveries. Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or
Borrower Notices and Deliveries. Borrower shall (a) give prompt written notice to Administrative Agent of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against Borrower which might materially adversely affect Borrower’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in Borrower’s condition, financial or otherwise, or of the occurrence of any Event of Default of which Borrower has knowledge; and (b) furnish and provide to Administrative Agent: any Securities and Exchange Commission or other public filings, if any, of Borrower or Guarantor within five (5) Business Days of such filing. In addition, after request by Administrative Agent (but no more frequently than once in any year), Borrower shall furnish to Administrative Agent within thirty (30) days, tenant estoppel certificates addressed to Administrative Agent on behalf of the Lenders, its successors and assigns from each tenant at the Property in form and substance reasonably satisfactory to Administrative Agent.
Borrower Notices and Deliveries. Borrower shall (a) give prompt written notice to Administrative Agent of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower which would materially adversely affect Borrower’s condition (financial or otherwise) or business or the Property; and (ii) any material adverse change in Borrower’s condition, financial or otherwise that is actually known to Borrower, or of the occurrence of any Event of Default of which Borrower has actual knowledge and (b) furnish and provide to Administrative Agent (upon written request by Administrative Agent): (i) any Securities and Exchange Commission or other public filings, if any, of Borrower and any Person that Controls Borrower, within twenty (20) Business Days of such filing, (ii) an updated Beneficial Ownership Certification as required by Administrative Agent’s internal policy so long as such request is applied to similarly situated commercial real estate borrowers, and (iii) all plans and specifications, appraisals, title and other insurance reports reasonably requested, from time to time (but not more than once during the term of the Loan unless an Event of Default has occurred and is continuing), by Administrative Agent. In addition, after written request by Administrative Agent (but no more frequently than twice in any year provided no Event of Default has occurred and is continuing), Borrower shall furnish to Administrative Agent within thirty (30) days, tenant estoppel certificates addressed to Administrative Agent on behalf of the Lenders, its successors and assigns from each tenant at the Property in form and substance reasonably satisfactory to Administrative Agent; provided that Administrative Agent shall not request such tenant estoppel certificates more than once in any calendar year unless an Event of Default has occurred and is continuing.
Borrower Notices and Deliveries. Borrower shall (and shall cause Mortgage Borrower to)
Borrower Notices and Deliveries. Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against Borrower which might materially adversely affect Borrower’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in Borrower’s condition, financial or otherwise, or of the occurrence of any Event of Default of which Borrower has knowledge; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Manager, or any Affiliate of any of the foregoing within five (5) Business Days of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender (but no more frequently than twice in any year), Borrower shall use its commercially reasonable efforts to furnish to Lender, within thirty (30) days after Lender’s request, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the Property in form and substance reasonably satisfactory to Lender.
Borrower Notices and Deliveries. The Borrowers shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower or any SPE Party which, if adversely determined against such Borrower, would reasonably be expected to result in a Material Adverse Change; (ii) any material adverse change in any Borrower’s or any SPE Party’s condition, financial or otherwise, or of the occurrence of any Event of Default of which any Borrower has actual knowledge; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of any Borrower or any SPE Party within ten (10) Business Days of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, reasonably requested, from time to time, by Lender in accordance with the terms of this Agreement.
