Conditions and Waivers. All conditions precedent to the obligation of Lenders to make any advance are imposed hereby solely for the benefit of Administrative Agent and Lenders, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lenders will refuse to make any advance in the absence of strict compliance with such conditions precedent. Administrative Agent shall have the right to approve and verify the periodic progress of, costs incurred by Borrower for, and the estimated costs remaining to be incurred for the construction of the Improvements, after consultation with the Construction Consultant. No advance shall constitute an approval or acceptance by Administrative Agent of any construction work, or a waiver of any condition precedent to any further advance, or preclude Administrative Agent from thereafter declaring the failure of Borrower to satisfy such condition precedent to be a Default. No waiver by Administrative Agent of any condition precedent or obligation shall preclude Administrative Agent from requiring such condition or obligation to be met prior to making any other advance or from thereafter declaring the failure to satisfy such condition or obligation to be a Default.
Conditions and Waivers. All conditions precedent to the obligation of Lender to make any advance are imposed hereby solely for the benefit of Lender, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lender will refuse to make any advance in the absence of strict compliance with such conditions precedent. Any requirement of this Agreement may be waived, in whole or in part, in a specific written waiver intended for that purpose and signed by Lender. Lender shall have the right to approve and verify the periodic progress, costs incurred by Borrower, and the estimated costs remaining to be incurred, after consultation with the Construction Consultant. No advance shall constitute an approval or acceptance by Lender of any construction work, a waiver of any condition precedent to any further advance, or preclude Lender from thereafter declaring the failure of Borrower to satisfy such condition precedent to be a Default. No waiver by Lender of any condition precedent or obligation shall preclude Lender from requiring such condition or obligation to be met prior to making any other advance or from thereafter declaring the failure to satisfy such condition or obligation to be a Default.
Conditions and Waivers. All conditions precedent to the obligation of Bank to approve any advance are imposed hereby solely for the benefit of Bank and the parties under the Loan Documents, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Bank will refuse to make any advance in the absence of strict compliance with such conditions precedent. Any requirement of this Agreement may be waived, in whole or in part, in a specific written waiver intended for that purpose and signed by Bank. Bank shall have the right to approve and verify the periodic progress, costs incurred by Borrower, and the estimated costs remaining to be incurred. No advance shall constitute an approval or acceptance by Bank of any construction work, a waiver of any condition precedent to any further advance, or preclude Bank from thereafter declaring the failure of Borrower to satisfy such condition precedent to be a Default. No waiver by Bank of any condition precedent or obligation shall preclude Bank from requiring such condition or obligation to be met prior to making any other advance or from thereafter declaring the failure to satisfy such condition or obligation to be a Default. EXHIBIT "F-1"
Conditions and Waivers. Except as otherwise provided in this Agreement, the Village shall have no duty to issue building permits for construction of residences or reimburse the developer within any Phase unless and until the Developer duties in Article 4.02 are completed within the time limit outlined in Article 4.09.
Conditions and Waivers. All conditions precedent to the obligation of Lenders to make any advance are imposed hereby solely for the benefit of Administrative Agent and Lenders, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lenders will refuse to make any advance in the absence of strict compliance with such conditions precedent. No advance shall constitute an approval or acceptance by Administrative Agent of any construction work, or a waiver of any condition precedent to any further advance, or preclude Administrative Agent from thereafter declaring the failure of Borrower to satisfy such condition precedent to be a Default. No waiver by Administrative Agent of any condition precedent or obligation shall preclude Administrative Agent from requiring such condition or obligation to be met prior to making any other advance or from thereafter declaring the failure to satisfy such condition or obligation to be a Default. EXHIBIT G SURVEY REQUIREMENTS
Conditions and Waivers. All conditions precedent to the obligation of Lenders to make any advance are imposed hereby solely for the benefit of Administrative Agent and Lenders, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lenders will refuse to make any advance in the absence of strict compliance with such conditions precedent. No advance shall constitute an approval or acceptance by Administrative Agent of any construction work, or a waiver of any condition precedent to any further advance, or preclude Administrative Agent from thereafter declaring the failure of Borrower to satisfy such condition precedent to be a Default. No waiver by Administrative Agent of any condition precedent or obligation shall preclude Administrative Agent from requiring such condition or obligation to be met prior to making any other advance or from thereafter declaring the failure to satisfy such condition or obligation to be a Default. EXHIBIT “F-1” DRAW REQUEST [BORROWER’S LETTERHEAD] TO: BANK OF AMERICA, N.A. (“Administrative Agent”) LOAN NO. DATE:
Conditions and Waivers. All conditions precedent to the obligation of Lenders to make any Additional Advance are imposed hereby solely for the benefit of Administrative Agent and Lenders, and no other Person may require satisfaction of any such condition precedent or be entitled to assume that Lenders will refuse to make any Additional Advance in the absence of strict compliance with such conditions precedent. No Additional Advance shall constitute a waiver of any condition precedent to any further Additional Advance. No waiver by Administrative Agent of any condition precedent or obligation shall preclude Administrative Agent from requiring such condition or obligation to be met prior to making any other Additional Advance. EXHIBIT “C-3” DRAW REQUEST [BORROWER’S LETTERHEAD] DRAW REQUEST NO. _________ TO: BANK OF AMERICA, N.A. (“Administrative Agent”) LOAN NO. ____________________ DATE LOCATION: Oakland, California BORROWER: KBS SOR II Oakland City Center, LLC, a Delaware limited liability company FOR PERIOD ENDING In accordance with the Loan Agreement in the amount of One Hundred Three Million Four Hundred Thousand Dollars ($103,400,000) dated as of August 18, 2017, among Borrower, Administrative Agent and the Lenders as defined therein, Borrower requests that $________________________ be advanced from Loan proceeds. The advances should be credited to the account of _______________________________________________________ ___________________ Account No. ___________________, at ________________________. [DESCRIBE INTENDED USE] AUTHORIZED SIGNER: Dated: EXHIBIT “D” LEASING AND TENANT MATTERS Borrower and Lenders agree as follows:
Conditions and Waivers. All conditions precedent to the obligation of Lenders to make any Advance are imposed hereby solely for the benefit of Administrative Agent and Lenders, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lenders will refuse to make any Advance in the absence of strict compliance with such conditions precedent. EXHIBIT F-1 FORM OF ADVANCE REQUEST ADVANCE REQUEST NO.: TO: Bank of America, N.A., as Administrative Agent LOAN NO.: DATE: BORROWERS: BEHRINGER HARVARD OPPORTUNITY OP I, LP, a Texas limited partnership (the “Operating Partnership”), and certain of its Subsidiaries In accordance with the Credit Agreement dated February , 2008, among the Operating Partnership, certain other parties (the “Credit Agreement”), Administrative Agent and the Lenders as defined therein, the Operating Partnership requests that $ be advanced from Loan proceeds. The Operating Partnership hereby further certifies to Administrative Agent and the Lenders as follows:
Conditions and Waivers. All conditions precedent to the obligation of Lenders to make any Additional Advance are imposed hereby solely for the benefit of Administrative Agent and Lenders, and no other Person may require satisfaction of any such condition precedent or be entitled to assume that Lenders will refuse to make any Additional Advance in the absence of strict compliance with such conditions precedent. No Additional Advance shall constitute a waiver of any condition precedent to any further Additional Advance. No waiver by Administrative Agent of any condition precedent or obligation shall preclude Administrative Agent from requiring such condition or obligation to be met prior to making any other Additional Advance. EXHIBIT “D” LEASING AND TENANT MATTERS Borrower and Lenders agree as follows:
Conditions and Waivers. All conditions precedent to the obligation of ---------------------- Lender to make any Advance are imposed hereby solely for the benefit of Lender, and no other party may require satisfaction of any such condition precedent or be entitled to assume that Lender will refuse to make any Advance in the absence of strict compliance with such conditions precedent. Any requirement of this Agreement may be waived, in whole or in part, in a specific written waiver intended for that purpose and signed by Lender. Lender shall have the right to approve and verify the periodic progress of, costs incurred by Borrower for, and the estimated costs remaining to be incurred for the construction of the Resort Improvements. No Advance shall constitute a waiver of any condition precedent to any further Advance. No waiver by Lender of any condition precedent or obligation shall preclude Lender from requiring such condition or obligation to be met prior to making any other Advance. LOAN AND SECURITY AGREEMENT - Page 19 ---------------------------
