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 release of the Mortgaged Property known as Eastview from the Collateral Pool.

Collateral Pool. The Borrower will not at any time permit the Outstanding Loans and Letter of Credit Liabilities to be greater than the Collateral Pool Availability.

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. 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. 30 ARTICLE 3 - Conditions ............................................................ 31 Section 3.1 Conditions Precedent to Each Loan .................................. 31

Collateral Pool. The requirement in the Purchase Agreement, including, without limitation, in the second sentence of Section 9.04(a)(i) thereof, that any and all leases and use contracts relating to the Eligible First Lien Equipment or other collateral contained in the Collateral Pool (the "EXCLUDED COLLATERAL") be included therein is hereby eliminated. Holders shall, from time to time, execute such instruments and take such further actions as may be reasonably requested by the Company to cause and evidence the removal from the Collateral Pool, as it exists on the Effective Date and from time to time thereafter, of the Excluded Collateral. Holders further agree that, to the extent that they or any of their respective Affiliates have an interest in collateral owned by the Company or any Affiliate thereof pursuant to separate collateral agreements or instruments (e.g., pursuant to separate equipment financing arrangements), and to the extent that such separate agreements or instruments prohibit or restrict additional liens on the applicable collateral, then, notwithstanding the provisions of such collateral agreements or instruments, the Company shall be entitled to include the property constituting such collateral in the Collateral Pool as Eligible Second Lien Equipment or otherwise; and Holders further agree to execute such instruments and take such actions, and to cause their respective Affiliates to execute such instruments and take such actions, from time to time, as may be reasonably requested by the Company to effect and evidence the provisions of this sentence.

Collateral Pool. Borrower shall fail to comply with the Portfolio Diversification provisions of Section 2.8.