Common use of Borrower Notices and Deliveries Clause in Contracts

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.

Appears in 5 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

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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 or Sole Member which might materially adversely affect such Borrower's ’s or Sole Member’s condition (financial or otherwise) or business or the Property; and (ii) any material adverse change in such Borrower's ’s or Sole Member’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 Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Sole Member, 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), (x) Borrowers (other than the TIC Borrowers) Borrower shall furnish to Lender (x) within ten (10) 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) 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) Borrowers shall use commercially reasonable efforts to furnish to Lender during an Event of Default, within 30 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 4 contracts

Samples: Loan Agreement (Hines Global REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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 or Sole Member which might materially adversely affect such Borrower's ’s or Sole Member’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's ’s or Sole Member’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 Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Sole Member, 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), (x) Borrowers (other than the TIC Borrowers) Borrower shall furnish to Lender (x) within ten (10) 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) 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) Borrowers shall use commercially reasonable efforts to furnish to Lender within 30 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 3 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

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 or the OP or the REIT which might materially adversely affect such Borrower's or the OP's or the REIT's condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's or the OP's or the REIT'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 Lender: (i) if requested by Lender, any Securities and Exchange Commission or other public filings, if any, of Borrower, the OP, the REIT, 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 (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) 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) Borrowers shall within 30 days, use commercially reasonable efforts to furnish to Lender within 30 days, obtain tenant estoppel certificates addressed to Lender, its successors and assigns from each commercial tenant at each the Property (other than sublease tenants of the Master Lease Space) in form and substance reasonably satisfactory to Lender.

Appears in 3 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

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 or the OP or the REIT which might materially adversely affect such Borrower's ’s or the OP’s or the REIT’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's ’s or the OP’s or the REIT’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 Lender: (i) if requested by Lender, any Securities and Exchange Commission or other public filings, if any, of Borrower, the OP, the REIT, 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), (xBorrower shall(x) Borrowers (other than the TIC Borrowers) shall furnish to Lender within ten (10) 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) 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) Borrowers shall within thirty (30) days, use commercially reasonable efforts to furnish to Lender within 30 days, obtain tenant estoppel certificates addressed to Lender, its successors and assigns from each commercial tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 3 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Borrower Notices and Deliveries. Each 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 against any such Borrower Borrower, or Sole Member or Owner which might materially adversely affect such Borrower's ’s, or Sole Member’s or Owner’s condition (financial or otherwise) or business or the PropertyCollateral; and (ii) any material adverse change in such Borrower's ’s, or Sole Member’s or Owner’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 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, Borrower shall furnish to Lender (but no more frequently than twice in any year), (x) Borrowers (other than the TIC Borrowers) shall furnish to Lender within ten (10) 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) 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) Borrowers shall use commercially reasonable efforts to furnish to Lender during an Event of Default, within 30 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Borrower Notices and Deliveries. Each Borrower shall will (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any such Borrower or Borrower Representative which might materially adversely affect such the Property or Borrower's ’s or Borrower Representative’s condition (financial or otherwise) ), business, operations or business or the Property; assets, (ii) any event or circumstance resulting in, or which would reasonably be expected to result in, a material adverse change in such the Property or Borrower's condition, ’s or Borrower Representative’s condition (financial or otherwise), business, operations or assets, or of the occurrence of any Default or Event of Default of which such Borrower has knowledge; , together with a detailed statement of the steps being taken to cure such Default or Event of Default, and (b) furnish and provide to Lender 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), Borrower will furnish to Lender (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) 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) 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 the Property in form and substance reasonably satisfactory to Lender.

Appears in 2 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)

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 LenderLender within the possession or reasonable control of Borrower. In addition, after request by Lender (but no more frequently than twice in any year), (x) Borrowers (other than the TIC Borrowers) Borrower 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) 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) Borrowers Borrower 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.

Appears in 2 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

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 or the Property which might materially adversely affect such Borrower's ’s or the Property’s condition (financial or otherwise) or business or the Propertybusiness; (ii) any material adverse change in such Borrower's ’s or the Property’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 LenderLender within the possession or reasonable control of Borrower. In addition, after request by Lender (but no more frequently than twice in any year), (x) Borrowers (other than the TIC Borrowers) Borrower shall furnish to Lender within ten days, a certificate addressed to Lender, its successors and assigns reaffirming (to the best of their its knowledge) all representations and warranties of Borrowers (other than with respect to the TIC Borrowers) 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) Borrowers Borrower 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.

Appears in 2 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

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 ’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's ’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 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 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), (x) Borrowers (other than the TIC Borrowers) Borrower shall furnish to Lender (x) within ten (10) 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) 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) Borrowers shall use commercially reasonable efforts to furnish to Lender within 30 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 2 contracts

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.)

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 or Sole Member which might materially adversely affect such Borrower's or Sole Member's condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's or Sole Member'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 Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Sole Member, 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), (x) Borrowers (other than the TIC Borrowers) Borrower shall furnish to Lender (x) within ten (10) 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) 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) Borrowers shall use commercially reasonable efforts to furnish to Lender within 30 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 2 contracts

Samples: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.)

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 ’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's ’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 LenderLender within the possession or reasonable control of Borrower. In addition, after request by Lender (but no more frequently than twice in any year), (x) Borrowers (other than the TIC Borrowers) Borrower 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) 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) Borrowers Borrower 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.

Appears in 2 contracts

Samples: Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.), Loan Agreement (Behringer Harvard Reit I Inc)

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 or the SPE Party which might materially adversely affect such Borrower's ’s or the SPE Party’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's ’s or the SPE Party’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 Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, the SPE Party, 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), (x) Borrowers (other than the TIC Borrowers) Borrower shall furnish to Lender (x) within ten (10) 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) 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) Borrowers shall use commercially reasonable efforts to furnish to Lender within 30 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Loan Agreement (Thomas Properties Group Inc)

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 or the OP or the REIT which might materially adversely affect such Borrower's ’s or the OP’s or the REIT’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's ’s or the OP’s or the REIT’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 Lender: (i) if requested by Lender, any Securities and Exchange Commission or other public filings, if any, of Borrower, the OP, the REIT, 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), (xBorrower shall(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) 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) Borrowers shall within 30 days, use commercially reasonable efforts to furnish to Lender within 30 days, obtain tenant estoppel certificates addressed to Lender, its successors and assigns from each commercial tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

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 LenderLender within the possession or reasonable control of Borrower. In addition, after request by Lender (but no more frequently than twice in any year), (x) Borrowers (other than the TIC Borrowers) Borrower 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) 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) Borrowers Borrower 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.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Borrower Notices and Deliveries. Each Borrower Borrowers 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 or any Borrower Representative which might materially adversely affect such any Borrower's ’s or any Borrower Representative’s condition (financial or otherwise) or business or the any Property; (ii) any material adverse change in such any Borrower's ’s or any Borrower Representative’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which such any Borrower has knowledge; and (b) furnish and provide to Lender Lender: (i) any Securities and Exchange Commission or other public filings, if any, of any Borrower, any Borrower Representative, 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), (x) Borrowers (other than the TIC Borrowers) shall furnish to Lender (x) 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) each 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) 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.

Appears in 1 contract

Samples: Loan Agreement (Supertel Hospitality Inc)

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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 ’s condition (financial or otherwise) or business business, the Collateral or the Property; (ii) any material adverse change in such Borrower's ’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 LenderLender within the possession or reasonable control of Borrower. In addition, after request by Lender (but no more frequently than twice in any year), (x) Borrowers (other than the TIC Borrowers) Borrower 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) 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) Borrowers Borrower shall use commercially reasonable efforts to cause Mortgage Borrower 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.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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 (in writing) against any such Borrower which might materially adversely affect such Borrower's ’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's ’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 agreementsagreements in Borrower’s possession, reasonably requested, from time to time, by LenderLender (but no more frequently than once per year unless an Event of Default exists or except in connection with a Secondary Market Transaction)+. In addition, after request by Lender (but no more frequently than twice in any year), (x) Borrowers (other than the TIC Borrowers) Borrower shall furnish to Lender (x) within ten (10) 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) 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) Borrowers shall use commercially reasonable efforts to furnish to Lender within 30 thirty (30) days, tenant Tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant Tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Loan Agreement (Presidential Realty Corp/De/)

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 or SPE Party which might materially adversely affect such Borrower's or SPE Party's condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's or SPE Party'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) Borrower shall furnish to Lender within ten days, a certificate addressed to Lender, its successors and assigns reaffirming (to the best of their its knowledge) all representations and warranties of Borrowers (other than with respect to the TIC Borrowers) 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) Borrowers Borrower 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.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

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 Borrower, the General Partner or the Beneficial Interest Holder which might materially adversely affect such Borrower's ’s, the General Partner’s or the Beneficial Interest Holder’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's ’s or the General Partner’s, or the Beneficial Interest Holder’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 Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, the General Partner, the Beneficial Interest Holder, 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 once in any year), (x) Borrowers (other than the TIC Borrowers) Borrower shall furnish to Lender (x) within ten Business 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) 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) Borrowers Borrower shall use commercially reasonable efforts to furnish to Lender deliver within 30 45 days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

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 Borrower or any such Borrower SPE Party which might materially adversely affect such Borrower's ’s or any SPE Party’s condition (financial or otherwise) or business or the Property; (ii) any material adverse change in such Borrower's ’s or any SPE Party’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 Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, any SPE Party, 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), (x) Borrowers (other than the TIC Borrowers) Borrower shall furnish to Lender (x) within ten (10) 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) 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) Borrowers shall use commercially reasonable efforts to furnish to Lender within 30 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Loan Agreement (Thomas Properties Group Inc)

Borrower Notices and Deliveries. Each Borrower shall 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 such Borrower or Sole Member which might materially adversely affect such Borrower's condition (financial or otherwise) or business or the Propertycould reasonably be expected to have a Material Adverse Effect; (ii) any material adverse change in such Borrower's condition, financial or otherwiseMaterial Adverse Effect, or of the occurrence of any Default or Event of Default of which such Borrower has knowledge; and (b) furnish and provide to Lender Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Sole Member, 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), (x) Borrowers (other than the TIC Borrowers) Borrower shall furnish to Lender (A) within ten (10) 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) 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 (yB) Borrowers shall use commercially reasonable efforts to furnish to Lender within 30 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property substantially in the same form and substance reasonably satisfactory to Lendersubtance as delivered in connection with the Loan.

Appears in 1 contract

Samples: Loan Agreement (OVERSTOCK.COM, Inc)

Borrower Notices and Deliveries. Each Borrower shall will (a) give prompt written notice to Lender of: (ix) any litigation, governmental proceedings or claims or investigations pending or threatened against any such Borrower or Borrower Representative which might materially adversely affect such the Property or Borrower's ’s or Borrower Representative’s condition (financial or otherwise) ), business, operations or business or the Property; assets, (ii) any event or circumstance resulting in, or which would reasonably be expected to result in, a material adverse change in such the Property or Borrower's condition, ’s or Borrower Representative’s condition (financial or otherwise), business, operations or assets, or of the occurrence of any Default or Event of Default of which such Borrower has knowledge; , together with a detailed statement of the steps being taken to cure such Default or Event of Default, and (b) furnish and provide to Lender 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), Borrower will furnish to Lender (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) 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) 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 the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Loan Agreement (Lodging Fund REIT III, Inc.)

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 the Borrower which might materially adversely affect such Borrower's ’s condition (financial or otherwise) or business business, the Collateral or the Property; (ii) any material adverse change in such the Borrower's ’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which such the 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 three (3) times in any year), Borrower shall (x) Borrowers (other than the TIC Borrowers) shall furnish to Lender within ten 30 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) 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) Borrowers shall use commercially reasonable efforts to furnish to Lender Lender, within 30 days45 days (not more frequently than two (2) times during any year), tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Loan Agreement (Corporate Property Associates 17 - Global INC)

Borrower Notices and Deliveries. Each 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 against any such Borrower Borrower, or Sole Member or Owner which might materially adversely affect such Borrower's ’s, or Sole Member’s or Owner’s condition (financial or otherwise) or business or the PropertyCollateral; (ii) any material adverse change in such Borrower's ’s, or Sole Member’s or Owner’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 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 existing 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 once in any yeartwelve (12) month period), Borrower shall furnish to Lender, (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) 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) Borrowers Borrower shall use commercially reasonable efforts to furnish obtain and deliver within thirty (30) days after request by Lender (but no more than twice in any twelve (12) month period with respect to Lender within 30 daysany one tenant (unless an Event of Default has occurred and is continuing)), tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Morgans Hotel Group Co.)

Borrower Notices and Deliveries. Each Borrower Borrowers 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 or any Sole Member which might materially adversely affect such any Borrower's or any Sole Member's condition (financial or otherwise) or business or the any Property; (ii) any material adverse change in such Borrower's condition, financial or otherwiseMaterial Adverse Effect, or of the occurrence of any Default or Event of Default of which such any Borrower has knowledge; and (b) furnish and provide to Lender 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 (A) within ten (10) 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) each 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 (yB) Borrowers shall use commercially reasonable efforts to furnish to Lender within 30 thirty (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.

Appears in 1 contract

Samples: Loan Agreement (Parking REIT, Inc.)

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