Certain Provisions Relating to Increased Costs. If a Lender gives notice of the existence of the circumstances set forth in §4.8 or any Lender requests compensation for any losses or costs to be reimbursed pursuant to any one or more of the provisions of §4.3 (as a result of the imposition of U.S. withholding taxes on amounts paid to such Lender under this Agreement), §4.8 or §4.9, then, upon request of the Borrower, such Lender, as applicable, shall use reasonable efforts in a manner consistent with such institution’s practice in connection with loans like the Loan of such Lender to eliminate, mitigate or reduce amounts that would otherwise be payable by the Borrower under the foregoing provisions, provided that such action would not be otherwise prejudicial to such Lender, including, without limitation, by designating another of such Lender’s offices, branches or affiliates; the Borrower agreeing to pay all reasonably incurred costs and expenses incurred by such Lender in connection with any such action. Notwithstanding anything to the contrary contained herein, if no Default or Event of Default shall have occurred and be continuing, and if any Lender has given notice of the existence of the circumstances set forth in §4.8 or has requested payment or compensation for any losses or costs to be reimbursed pursuant to any one or more of the provisions of §4.3 (as a result of the imposition of U.S. withholding taxes on amounts paid to such Lender under this Agreement), §4.8 or §4.9 and following the request of the Borrower has been unable to take the steps described above to mitigate such amounts (each, an “Affected Lender”), then, within thirty (30) days after such notice or request for payment or compensation, the Borrower shall have the one-time right as to such Affected Lender, to be exercised by delivery of written notice delivered to the Agent and the Affected Lender within thirty (30) days of receipt of such notice, to elect to cause the Affected Lender to transfer its Commitment. The Agent shall promptly notify the remaining Lenders that each of such Lenders shall have the right, but not the obligation, to acquire a portion of the Commitment, pro rata based upon their relevant Commitment Percentages, of the Affected Lender (or if any of such Lenders does not elect to purchase its pro rata share, then to such remaining Lenders in such proportion as approved by the Agent). In the event that the Lenders do not elect to acquire all of the Affected Lender’s Commitment, then the Agent shall endeavor to ...
Certain Provisions Relating to Increased Costs. If a Lender gives notice of the existence of the circumstances set forth in ss.4.7 or any Lender requests compensation for any losses or costs to be reimbursed pursuant to any one or more of the provisions of ss.4.4, ss.4.9 or ss.4.10, then, upon request of Borrower, such Lender, as applicable, shall use reasonable efforts in a manner consistent with such institution's practice in connection with loans like the Loan of such Lender to eliminate, mitigate or reduce amounts that would otherwise be payable by Borrower under the foregoing provisions, provided that such action would not be otherwise prejudicial to such Lender, including, without limitation, by designating another of such Lender's offices, branches or affiliates; the Borrower agreeing to pay all reasonably incurred costs and expenses incurred by such Lender in connection with any such action. Notwithstanding anything to the contrary contained herein, if no Non-Advance Condition or Event of Default shall have occurred and be continuing, and if any Lender has given notice of the existence of the circumstances set forth in ss.4.7 or has requested payment or compensation for any losses or costs to be reimbursed pursuant to any one or more of the provisions of ss.4.4, ss.4.9 or
Certain Provisions Relating to Increased Costs. 36- Section 5. COLLATERAL SECURITY. . . . . . . . . . . . . . . . . . . . . -37- Section 5.1. Collateral. . . . . . . . . . . . . . . . . . . . . . -37- Section 5.2. Appraisals. . . . . . . . . . . . . . . . . . . . . . -37- Section 5.3. Release of Property . . . . . . . . . . . . . . . . . -38- Section 5.4. Additional Collateral . . . . . . . . . . . . . . . . -40- Section 5.5. Holdback. . . . . . . . . . . . . . . . . . . . . . . -41- Section 5.6. Disbursement of Tenant Improvement Reserve. . . . . . -42-
Certain Provisions Relating to Increased Costs. 36 Section 5.
Certain Provisions Relating to Increased Costs. 63 §4.16 Delay in Requests 64 §5. UNSECURED OBLIGATIONS. 64 §5.1 Unsecured Obligations 64 §5.2 Additional Subsidiary Guarantors 65 §5.3 Release of a Subsidiary Xxxxxxxxx 00 §0. REPRESENTATIONS AND WARRANTIES. 66
Certain Provisions Relating to Increased Costs ss.5.......BORROWING BASE PROPERTY AND BORROWING BASE PROPERTY EPLACEMENT
Certain Provisions Relating to Increased Costs. 28 SS.5. COLLATERAL SECURITY...............................................28 ss.5.1 Collateral........................................................28 ss.5.2 Intentionally Deleted.............................................28 ss.5.3 Release of Collateral.............................................28
Certain Provisions Relating to Increased Costs. If a Lender gives notice of the existence of the circumstances set forth in ss.4.7 or any Lender requests compensation for any losses or costs to be reimbursed pursuant to any one or more of the provisions of ss.4.4, ss.4.9 or ss.4.10, then, upon request of Borrower, such Lender, as applicable, shall use reasonable efforts in a manner consistent with such institution's practice in connection with loans like the Loan of such Lender to eliminate, mitigate or reduce amounts that would otherwise be payable by Borrower under the foregoing provisions, provided that such action would not be otherwise prejudicial to such Lender, including, without limitation, by designating another of such Lender's offices, branches or affiliates; the Borrower agreeing to pay all reasonably incurred costs and expenses incurred by such Lender in connection with any such action.
Certain Provisions Relating to Increased Costs. 76 §4.16 Delay in Requests 76 §4.17 Permanent Inability to Determine Rate; Benchmark Replacement. 77 §5. UNSECURED OBLIGATIONS 78 §5.1 Unsecured Obligations 78 §5.2 Additional Subsidiary Guarantors 78 §5.3 Release of a Subsidiary Xxxxxxxxx 00 §0. REPRESENTATIONS AND WARRANTIES 79 §6.1 Corporate Authority, Etc 79 §6.2 Governmental Approvals 80 §6.3 Title to Properties 81 §6.4 Financial Statements 81 §6.5 No Material Changes 81 §6.6 Franchises, Patents, Copyrights, Etc 81 §6.7 Litigation 82 §6.8 No Material Adverse Contracts, Etc 82
Certain Provisions Relating to Increased Costs. 8186 Section 4.15 Successor LIBOR Rate IndexPermanent Ability to Determine Rate; Benchmark Replacement. 8286 SECTION 5. COLLATERAL SECURITY 8687 Section 5.1 Collateral 8687 Section 5.2 Appraisals 8688 Section 5.3 Release of Collateral Properties 8688 Section 5.4 Addition of Collateral Properties and Villa Units 8889 Section 5.5 Additional Borrowers 8991 Section 5.6 Release of Collateral 9092 SECTION 6.
