Collateral Pool Clause Samples

Collateral Pool. Exhibit A to the Master Agreement is hereby deleted and replaced with the attached Exhibit A to reflect the addition of Cedar Mill, ▇▇▇▇▇▇▇▇ Pointe, Hidden Creek, and Lakeshore Landing as Additional Mortgaged Properties in the Collateral Pool.

Collateral Pool. Exhibit A to the Master Agreement is hereby deleted and replaced with the attached Exhibit A to reflect the addition of the Lighthouse Court as an Additional Mortgaged Property in the Collateral Pool.

Collateral Pool. In order for a Property to be included in the Collateral Pool, (a) a Property must be wholly-owned in fee simple by a Borrower or Non-Borrower Mortgagor (with the beneficial interests being 100% owned by Borrower), and no Property shall be a ground lease, (b) no subordinate debt (excluding Permitted Liens) shall be allowed on any Property, (c) no Property shall have any restrictions on the Borrower’s ability to sell or encumber such Property (except for restrictions in the Loan Documents or as may be shown in the Permitted Liens) and (d) Administrative Agent shall have received a current environmental and property condition report for such Property satisfactory to Administrative Agent in all respects. Except as provided in Section 15.31 below, no Properties may be added to the Collateral Pool after the Effective Date. Furthermore, at all times: (1) the Collateral Pool must contain a minimum of twelve (12) individual properties (which, for purposes hereof, “individual property” means each of the Properties to which a portion of the Loan is allocated as set forth on Exhibit J attached hereto), (2) the Appraised Value of the Collateral Pool shall be at least $600,000,000, (3) the Collateral Pool must be maintained across at least two (2) metropolitan statistical areas, (4) no single metropolitan statistical area within the Collateral Pool shall exceed sixty percent (60%) of the In Place NOI of the entire Collateral Pool, (5) no single metropolitan statistical area shall contain more than two (2) Hotel Properties, (6) the Hotel NOI shall not exceed twenty percent (20%) of the In Place NOI of the entire Collateral Pool, and (7) no single property within the Collateral Pool shall have an In Place NOI that exceeds forty percent (40%) of the In Place NOI of the entire Collateral Pool (collectively, the “Portfolio Diversification”). After the Effective Date, the Debt Service Coverage Ratio for the Collateral Pool shall be tested on a quarterly basis, using a Determination Date as of the end of each calendar quarter. In the event the Debt Service Coverage Ratio (based on the then outstanding principal of the entire Loan) as of the end of any calendar quarter is less than 1.25:1.00 (the “Minimum DSCR”), Borrower shall pay down the portion of the amount outstanding under the Revolving Loan necessary to achieve a Debt Service Coverage Ratio of at least 1.25:1.00 within ten (10) days thereafter (which amount may later be reborrowed pursuant to the terms of this Agreemen...

Collateral Pool. Collateral for the Loan as provided for by the Pledge and Security Agreement will consist of the following: A. The Ticaboo Note and the related mortgage; and B. A 1981 Citation II 550 jet, S/N #550-0264, FAA # N777WY,; and C. RMG’s working mineral interests in Castle Rock CBM leases; and D. Four million issued and outstanding shares of Rocky Mountain Gas, Inc. (“RMG”) Common Stock .

Collateral Pool. In order for a Property to be included in the Collateral Pool, (i) a Property must be wholly-owned in fee simple (which ownership may include condominium ownership interests created in accordance with this Agreement) by a Borrower or Non-Borrower Mortgagor (with the beneficial interests being 100% owned by Borrower), and no Property shall be a ground lease, (ii) no subordinate debt shall be allowed on any Property, (iii) no Property shall have any restrictions on the Borrower’s ability to sell or encumber such Property (except for restrictions in the Loan Documents or as may be shown in the Permitted Liens) and (iv) Administrative Agent shall have received a current environmental and property condition report for such Property satisfactory to Administrative Agent in all respects. No Properties may be added to the Collateral Pool after the Effective Date. After the Effective Date, the Debt Yield for the Collateral Pool shall be tested on a quarterly basis, using a Determination Date as of the end of each calendar quarter. In the event the Debt Yield as of the end of any calendar quarter is less than nine percent (9.0%) or the Loan-to-Value Ratio (based on the then outstanding principal of the Loan) exceeds sixty-five percent (65%), a Cash Trap Event Period shall be deemed to have occurred as provided in Section 10.16(b) of this Agreement.

Collateral Pool. Collateral Pool means the sum of (a) the $600,000 Bank of America Certificate of Deposit, plus (b) fifty percent (50%) of the eligible receivables of the A/R Owners.

Collateral Pool. Borrower shall provide all of the following items for each Pledged Mortgage:  i. 2006 ALTA Lender’s Extended Policy satisfactory to Lender insuring a first lien on improved real property in an Approved State. ii. Underwriting records and credit memoranda. iii. Appraisal reports. iv. Current payment history. v. Proof of current good standing of borrower of the Pledged Mortgage. vi. Proof of current insurance satisfactory to Lender.

Collateral Pool. Exhibit A to the Master Agreement is hereby deleted and replaced with the attached Exhibit A to reflect the addition of The Woods, Lane at Towne Crossing and Northwood Place as Additional Mortgaged Properties in the Collateral Pool.

Collateral Pool. Exhibit A to the Master Agreement is hereby deleted and replaced with the attached Exhibit A to reflect the addition of Lincoln on the Green, Paddock Club Lakeland I and II, and Paddock Club Jacksonville I, II, and III as Additional Mortgaged Properties in the Collateral Pool.