Common use of Borrower Notices and Deliveries Clause in Contracts

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 against any Borrower, Sole Member, Managing Member, or Sole Member Principal which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’s condition (financial or otherwise) or business or any Property; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’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, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, 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 once in any year), Borrowers shall furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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) within 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.

Borrower Notices and Deliveries. Borrowers Borrower and Operating Lessee shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole MemberBorrower Representative, Managing Member, Operating Lessee or Sole Member Principal the Mezzanine Loan Parties which might materially adversely affect any Borrower’s, Sole MemberBorrower Representative’s, Managing Member’s, Operating Lessee’s or Sole Member Principal’s the Mezzanine Loan Parties’ condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, Sole MemberBorrower Representative’s, Managing Member’s, Operating Lessee’s or Sole Member Principal’s the Mezzanine Loan Parties’ condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower or Operating Lessee has knowledge; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) Lender all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title appraisals 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 once twice in any year), Borrowers Borrower shall furnish to Lender (x) within ten (10) daysBusiness Days of request, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of each Borrower and Operating Lessee 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) daysdays of request, 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., and (z) within ten (10) days of request, an estoppel certificate addressed to Lender, its successors and assigns from Franchisor stating that (1) the Franchise Agreement is in full force and effect and has not been modified, amended or assigned, (2) neither Franchisor nor Operating Lessee is in default under any of the terms, covenants or provisions of the Franchise Agreement and Franchisor knows, to the extent true, of no event which, but for the passage of time or the giving of notice or both, would constitute a default under the Franchise Agreement, (3) neither Franchisor nor Operating Lessee has commenced any action or given or received any notice for the purpose of terminating the Franchise Agreement and (4) all sums due and payable to Franchisor under the Franchise Agreement have been paid in full. Lender agrees that it shall not request the estoppels described in the foregoing clause (y) and clause (z) more than one (1) time in any calendar year unless such request is made after the occurrence of an Event of Default or in connection with or contemplation of a Secondary Market Transaction. Borrower shall not be in Default hereunder for failing to provide the estoppel certificates described in clauses (y) or (z) so long as Borrower uses commercially reasonable efforts to obtain the same and keeps Lender reasonably apprised of its progress with respect thereto. 71

Borrower Notices and Deliveries. Borrowers Borrower and Operating Lessee shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole MemberBorrower Representative, Managing Member, Operating Lessee or Sole Member Principal the Mezzanine Loan Parties which might materially adversely affect any Borrower’s, Sole MemberBorrower Representative’s, Managing Member’s, Operating Lessee’s or Sole Member Principal’s the Mezzanine Loan Parties’ condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, Sole MemberBorrower Representative’s, Managing Member’s, Operating Lessee’s or Sole Member Principal’s the Mezzanine Loan Parties’ condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower or Operating Lessee has knowledge; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) Lender all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title appraisals 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 once twice in any year), Borrowers Borrower shall furnish to Lender (x) within ten (10) daysBusiness Days of request, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of each Borrower and Operating Lessee 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) daysdays of request, 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, and (z) within ten (10) days of request, an estoppel certificate addressed to Lender, its successors and assigns from Franchisor stating that (1) the Franchise Agreement is in full force and effect and has not been modified, amended or assigned, (2) neither Franchisor nor Operating Lessee is in default under any of the terms, covenants or provisions of the Franchise Agreement and Franchisor knows, to the extent true, of no event which, but for the passage of time or the giving of notice or both, would constitute a default under the Franchise Agreement, (3) neither Franchisor nor Operating Lessee has commenced any action or given or received any notice for the purpose of terminating the Franchise Agreement and (4) all sums due and payable to Franchisor under the Franchise Agreement have been paid in full. Lender agrees that it shall not request the estoppels described in the foregoing clause (y) and clause (z) more than one (1) time in any calendar year unless such request is made after the occurrence of an Event of Default or in connection with or contemplation of a Secondary Market Transaction. Borrower shall not be in Default hereunder for failing to provide the estoppel certificates described in clauses (y) or (z) so long as Borrower uses commercially reasonable efforts to obtain the same and keeps Lender reasonably apprised of its progress with respect thereto. Financial Reporting .

Borrower Notices and Deliveries. Borrowers Borrower shall (or shall cause Senior Mezzanine Loan Borrower to 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 Borrower or the OP (or any Borrower, Sole Member, Managing Member, other Guarantor) or Sole Member Principal the REIT or Senior Mezzanine Loan Borrower or Owner which might materially adversely affect Borrower’s or the OP’s (or any other Guarantor’s) or the REIT’s or Senior Mezzanine Loan Borrower’s, Sole Member’s, Managing Member’s, ’s or Sole Member PrincipalOwner’s condition (financial or otherwise) or business or any Propertythe Collateral; (ii) any material adverse change in Borrower’s or the OP’s (or any other Guarantor’s) or the REIT’s or Senior Mezzanine Loan Borrower’s, Sole Member’s, Managing Member’s, ’s or Sole Member PrincipalOwner’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) if requested by Lender, any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Memberthe OP (or any other Guarantor), Managing Memberthe REIT, Sole Member PrincipalSenior Mezzanine Loan Borrower, 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 once twice in any year), Borrowers shall Borrower shall(x) furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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) within thirty (30) days, use commercially reasonable efforts to 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.

Borrower Notices and Deliveries. Borrowers Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, Principal or Sole Member Principal Owner which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, Borrower Representative’s or Sole Member PrincipalOwner’s condition (financial or otherwise) or business or any Propertythe Property or the Pledged Collateral; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing MemberBorrower Representative’s, or Sole Member PrincipalOwner’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, if any, of any Borrower, Sole MemberPrincipal, Managing Member, Sole Member PrincipalOwner, 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 once twice in any year), Borrowers 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 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) within 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.

Borrower Notices and Deliveries. Borrowers Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, Borrower or Sole Member Principal Borrower Representative which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, ’s or Sole Member PrincipalBorrower Representative’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, ’s or Sole Member PrincipalBorrower 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, if any, of any Borrower, Sole Member, Managing Member, Sole Member PrincipalBorrower 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 once twice in any year), Borrowers 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 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) within 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.

Borrower Notices and Deliveries. Borrowers Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, Borrower or Sole Member Principal which might materially adversely affect any Borrower’s, ’s or Sole Member’s, Managing Member’s, or Sole Member Principal’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, ’s or Sole Member’s, Managing Member’s, or Sole Member Principal’s condition, 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, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, 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 once in any yeartwelve (12) month period), Borrowers 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 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) Borrower shall use commercially reasonable efforts to obtain and deliver within 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.thirty

Borrower Notices and Deliveries. Borrowers 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 Borrower or the OP (or any Borrower, Sole Member, Managing Member, other Guarantor) or Sole Member Principal the REIT or Owner which might materially adversely affect Borrower’s or the OP’s (or any Borrowerother Guarantor’s, Sole Member’s, Managing Member’s, ) or Sole Member Principalthe REIT’s or Owner’s condition (financial or otherwise) or business or any Propertythe Collateral; (ii) any material adverse change in Borrower’s or the OP’s (or any Borrowerother Guarantor’s, Sole Member’s, Managing Member’s, ) or Sole Member Principalthe REIT’s or Owner’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) if requested by Lender, any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Memberthe OP (or any other Guarantor), Managing Memberthe REIT, Sole Member PrincipalOwner, 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 once twice in any year), Borrowers shall Borrower shall(x) furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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) within thirty (30) days, use commercially reasonable efforts to 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.

Borrower Notices and Deliveries. Borrowers shall (a) give prompt written notice to Lender after obtaining actual knowledge of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against any Borrower, Sole Member, Managing Member, Borrower or Sole Member Principal which might would reasonably be expected to materially adversely affect any Borrower’s, ’s or Sole Member’s, Managing Member’s, or Sole Member Principal’s condition (financial or otherwise) or business or any Property; (ii) any material adverse change in any Borrower’s, ’s or Sole Member’s, Managing Member’s, or Sole Member Principal’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower has knowledgeknowledge and (iii) Event of Default of which a Borrower is aware, along with the nature of such Event of Default, the period of time such Event of Default has existed and the action then being taken by such Borrower to remedy such Event of Default; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, Property Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and filing, (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 once in any year), Borrowers shall furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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, in Borrowers’ actual possession or can be reasonably obtained by Borrowers at no more than a de minimis cost and (yiii) any notices it receives from HPD or DOF regarding the 421-a Tax Benefits within thirty five (305) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each Property in form and substance reasonably satisfactory to LenderBusiness Days of receipt of same by Borrower.

Borrower Notices and Deliveries. Borrowers 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 Borrower, Sole Member, Managing Member, or Sole Member Principal or Owner which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member PrincipalMember’s or Owner’s condition (financial or otherwise) or business or any Propertythe Collateral; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member PrincipalMember’s or Owner’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, if any, of any Borrower, Sole Member, Managing Member, Sole Member PrincipalOwner, 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 once twice in any year), Borrowers shall furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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) during an Event of Default, within 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.

Borrower Notices and Deliveries. Borrowers 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 any Borrower, Sole Member, Managing Member, Borrower or Sole Member Principal which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, could reasonably be expected to have a Material Adverse Effect on the Property or Sole Member Principal’s condition (financial or otherwise) or business or any Propertythe Collateral; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’s condition, financial or otherwiseMaterial Adverse Effect, 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, if any, of any Borrower, Sole Member, Managing Member, Sole Member PrincipalOwner, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing 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 once twice in any year), Borrowers Borrower shall furnish to Lender (xA) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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) within 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 delivered to Lender in connection with Lender’s underwriting of the Loan.

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, Sole Member, Managing Member, Borrower or Sole Member Principal Borrower Representative which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, 's or Sole Member Principal’s Borrower Representative's condition (financial or otherwise) or business or any Property; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, 's or Sole Member Principal’s 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 filingsfilings (including all registration statements, regular periodic reports, 10K's, 10Q's), if any, of any Borrower, Sole Member, Managing Member, Sole Member PrincipalBorrower Representative, Manager, or any Affiliate of any of the foregoing within two (2including Lodgian and Impac Hotel Group) Business Days promptly upon their becoming available, and commencing with the first quarter of 2001, shall cause such filing 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 agreementsagreements in Borrowers' possession or control, reasonably requested, from time to time, by LenderLender with respect to the Properties. In addition, after request by Lender (but no more frequently than once twice in any year), Borrowers shall use its commercially reasonable best efforts to obtain and furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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) within thirty (30) 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. Borrowers shall Borrower shall: (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, Borrower or Sole Member Principal which might materially adversely affect any Borrower’s, ’s or Sole Member’s, Managing Member’s, or Sole Member Principal’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’s condition, financial or otherwiseMaterial Adverse Effect, 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, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, Manager, or any Affiliate of any of the foregoing Manager within two (2) Business Days of such filing 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, to the extent in Borrower’s possession or reasonable control. In addition, after written request by Lender (but no more frequently than once twice in any year), Borrowers Borrower shall furnish to Lender (xA) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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) within 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.

Borrower Notices and Deliveries. Borrowers Borrower shall (and shall cause Operating Tenant to) (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or to Borrower’s knowledge, threatened against any Borrower, Sole Member, Managing Member, Operating Tenant or Sole Member Principal which might materially adversely affect any Borrower’s, Operating Tenant’s or Sole Member’s, Managing Member’s, or Sole Member Principal’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, Operating Tenant’s or Sole Member’s, Managing Member’s, or Sole Member Principal’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower or Operating Tenant has knowledge; and (b) furnish and provide to Lender: (i) Lender any Securities and Exchange Commission or other public filings, if any, of any filings by Borrower, Operating Tenant, Sole Member, Managing Borrower Member, Sole Member PrincipalOT Member, Manager, Manager or any Affiliate of any of the foregoing Guarantor, within two (2) Business Days of such filing, if such filing is a quarterly 10Q (or its equivalent) filed with the Securities and (ii) all instrumentsExchange Commission, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, reasonably requested, from time a public filing that relates to time, by Lendera material adverse effect on any of said parties. In addition, after request by Lender (but no more frequently than once twice in any year), Borrowers 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 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) within thirty (30) days30 Business Days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each Property under a Commercial Lease in form and substance reasonably satisfactory to LenderLender to the extent that such Tenant is required to provide the same under its Lease.

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 against any Borrower, Sole Member, Managing Member, Borrower or Sole Member Principal the OP or the REIT which might materially adversely affect any a Borrower’s, Sole Member’s, Managing Member’s, ’s or Sole Member Principalthe OP’s or the REIT’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any a Borrower’s, Sole Member’s, Managing Member’s, ’s or Sole Member Principalthe OP’s or the REIT’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any a Borrower has knowledge; and (b) furnish and provide to Lender: (i) if requested by Lender, any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Memberthe OP, Managing Member, Sole Member Principalthe 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 once twice in any year), Borrowers shall furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of each Borrower 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) within thirty (30) 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.

Borrower Notices and Deliveries. Borrowers Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, or Sole Member Principal Borrower which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’s 's condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’s '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, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, Manager, Borrower or any Affiliate of any of the foregoing Borrower 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 once twice in any year), Borrowers 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 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) within 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.

Borrower Notices and Deliveries. Borrowers Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, or Sole Member Principal Borrower which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’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, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, 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, as reasonably needed by Lender (but no more frequently than once in any year)connection with its secondary market transactions, Borrowers 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 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) within thirty (30) 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, provided, Lender shall only request such estoppel statements from Borrower as needed by Lender in connection with its secondary market transactions.

Borrower Notices and Deliveries. Borrowers Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, Borrower or Sole Member Principal which might materially adversely affect any Borrower’s, ’s or Sole Member’s, Managing Member’s, or Sole Member Principal’s condition (financial or otherwise) or business or any the Property; and (ii) any material adverse change in any Borrower’s, ’s or Sole Member’s, Managing Member’s, or Sole Member Principal’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, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, 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 once twice in any year), Borrowers 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 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) during an Event of Default, within 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.. 47 Page

Borrower Notices and Deliveries. Borrowers Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, Borrower or Sole Member Principal SPE Party which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, ’s or Sole Member PrincipalSPE Party’s or Guarantor’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, ’s or Sole Member PrincipalSPE Party’s or Guarantor’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, if any, of any Borrower, Sole MemberSPE Party, Managing Member, Sole Member PrincipalGuarantor, 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 agreementsagreements in Borrower’s possession or reasonable control, reasonably requested, from time to time, by Lender. In addition, after request by Lender (but no more frequently than once in any year, unless an Event of Default has occurred and is continuing), Borrowers Borrower shall furnish to Lender (x) furnish to Lender, within ten (10) daysdays of Lender’s request, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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) request, in writing, estoppel certificates from each tenant at the Property when requested by Lender, and use commercially reasonable efforts to deliver to Lender, within thirty forty-five (3045) daysdays of Lender’s request, 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.

Borrower Notices and Deliveries. Borrowers Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, Member or Sole Member Principal Owner which might materially adversely affect any Borrower’s's, Sole Member’s, Managing Member’s, 's or Sole Member Principal’s Owner's condition (financial or otherwise) or business or any Propertythe Collateral; (ii) any material adverse change in any Borrower’s's, Sole Member’s, Managing Member’s, 's or Sole Member Principal’s Owner'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, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) Lender all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, agreements in Borrower’s control or possession and reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower shall furnish to Lender (but no more frequently than once twice in any year), Borrowers shall furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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) within thirty (30) days30 days and upon reasonable request from Lender, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at each any Property in form and substance reasonably satisfactory to Lender.

Borrower Notices and Deliveries. Borrowers 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 Borrower, Sole Member, Managing Member, Borrower or Sole Member Principal which might which, if adversely determined, is likely to materially adversely affect any Borrower’s, 's or Sole Member’s, Managing Member’s, or Sole Member Principal’s 's condition (financial or otherwise) or business or any Property; (ii) any material adverse change in any Borrower’s, 's or Sole Member’s, Managing Member’s, or Sole Member Principal’s 's condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower has knowledge, and if so, the nature thereof, the period of time it has existed and the action then being taken to remedy it; and (b) furnish and provide to Lender: (i) any Securities and Exchange Commission 10K's and 10Q's filed with respect to Borrower, Sole Member or Konover Property Trust, Inc. within five (5) Business Days of such filing (and, after request by Lender, any other Securities and Exchange Commission filings or other public filings, if any, of any Borrower, Sole MemberMember or Konover Property Trust, Managing Member, Sole Member Principal, Manager, or any Affiliate of any of the foregoing Inc. within two five (25) Business Days of such filing after request) and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, which are in existence and are reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower (x) shall furnish to Lender (but no more frequently than once twice in any year), Borrowers shall furnish to Lender (x) within ten (10) fifteen days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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) use commercially reasonable efforts to obtain and deliver to Lender (but no more frequently than once in any year) within thirty (30) 45 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. Borrowers Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, or Sole Member Principal Borrower which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, or Sole Member Principal’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, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, 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 once twice in any year), Borrowers 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 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) within 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.

Borrower Notices and Deliveries. Borrowers Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, Borrower or Sole Member Principal which might materially adversely affect any Borrower’s, ’s or Sole Member’s, Managing Member’s, or Sole Member Principal’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, ’s or Sole Member’s, Managing Member’s, or Sole Member Principal’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, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, 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 once twice in any year), Borrowers 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 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) during an Event of Default, within 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.

Borrower Notices and Deliveries. Borrowers Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, Borrower or Sole Member Principal Borrower Representative which might materially adversely affect any Borrower’s, Sole Member’s, Managing Member’s, ’s or Sole Member PrincipalBorrower Representative’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in any Borrower’s, Sole Member’s, Managing Member’s, ’s or Sole Member PrincipalBorrower 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, if any, of any Borrower, Sole Member, Managing Member, Sole Member PrincipalBorrower 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 once twice in any year), Borrowers 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 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) within 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.

Borrower Notices and Deliveries. Borrowers 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 the OP (or any Borrower, Sole Member, Managing Member, other Guarantor) or Sole Member Principal the REIT which might materially adversely affect Borrower’s or the OP’s (or any Borrowerother Guarantor’s, Sole Member’s, Managing Member’s, ) or Sole Member Principalthe REIT’s condition (financial or otherwise) or business or any the Property; (ii) any material adverse change in Borrower’s or the OP’s (or any Borrowerother Guarantor’s, Sole Member’s, Managing Member’s, ) or Sole Member Principalthe REIT’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) if requested by Lender, any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Memberthe OP (or any other Guarantor), Managing Member, Sole Member Principalthe 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 once twice in any year), Borrowers shall Borrower shall(x) furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of 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) within thirty (30) days, use commercially reasonable efforts to 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.