Conveyances Encumbrances and Borrowings Sample Clauses

Conveyances Encumbrances and Borrowings. 39 Section 8.1 Prohibition against Conveyances, Encumbrances and Borrowing 39 Section 8.2 Permitted Transfers 40 Section 8.3 One-Time Permitted Transfer 42 Article 9. EVENTS OF DEFAULT 45 Section 9.1 Events of Default 45 Article 10. REMEDIES 48 Section 10.1 Remedies 48 Section 10.2 Lender's Right to Perform the Obligations 48 Section 10.3 Waiver of Marshalling of Assets 48 Section 10.4 Advances 49 Section 10.5 Participation in Proceedings 49 Article 11. LIMITATIONS ON LIABILITY 49 Section 11.1 Limitation on Liability 49 Article 12. MISCELLANEOUS 52 Section 12.1 Notices 52 Section 12.2 Counterparts 54 Section 12.3 Successors and Assigns 54 Section 12.4 Joint and Several Liability 54 Section 12.5 Captions 54 Section 12.6 Further Assurances 54 Section 12.7 Severability 54 Section 12.8 Borrower's Obligations Absolute 54 Section 12.9 Amendments; Consents 55 Section 12.10 Other Loan Documents and Exhibits 55 Section 12.11 Merger 55 Section 12.12 Time of the Essence 55 Section 12.13 Transfer of Loan 55 Section 12.14 Cooperation 56 Section 12.15 Register 57 Section 12.16 Limitation on Interest 57 Section 12.17 Survival 58 Section 12.18 WAIVER OF JURY TRIAL 58 Section 12.19 Governing Law 58 Section 12.20 Consent to Jurisdiction and Venue 59 Section 12.21 Agent for Service of Process 59 Section 12.22 Entire Agreement 59 Section 12.23 Pledge and Grant of Security Interest 59 Section 12.24 Costs 60 Section 12.25 Acknowledgement and Consent to Bail-In of EEA Financial Institutions 60 Article 13. THE ADMINISTRATIVE AGENT 61 Section 13.1 Appointment, Powers and Immunities 61 Section 13.2 Reliance by Borrower on Administrative Agent 61 Section 13.3 Rights as a Lender 61 LIST OF EXHIBITS EXHIBIT A - LEGAL DESCRIPTION OF PROPERTY EXHIBIT B - OPERATING AGREEMENTS EXHIBIT C - EASEMENT AGREEMENTS iii LOAN AGREEMENT THIS LOAN AGREEMENT (this "Agreement") is entered into as of November 19, 2021 by and between RPT THE XXXXX, LLC, a Delaware limited liability company ("Borrower"), and MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, a Massachusetts corporation ("Lender").
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Conveyances Encumbrances and Borrowings 

Related to Conveyances Encumbrances and Borrowings

  • Loans and Borrowings (a) Each Loan shall be made as part of a Borrowing consisting of Loans made by the Lenders ratably in accordance with their respective Commitments. The failure of any Lender to make any Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Loans as required.

  • The Commitments and Borrowings 24 2.01 Loans .................................................................................................................... 24 2.02 Borrowings, Conversions and Continuations of Loans. ...................................... 25 2.03 [Reserved]. ........................................................................................................... 26 2.04 [Reserved]. ........................................................................................................... 26 2.05 Prepayments. ........................................................................................................ 26 2.06 Termination or Reduction of Commitments ........................................................ 26 2.07

  • Classifications of Loans and Borrowings For purposes of this Agreement, Loans may be classified and referred to by Class (e.g. a “Revolving Loan” or “Term Loan”) or by Type (e.g. a “Eurodollar Loan” or “Base Rate Loan”) or by Class and Type (e.g. “Revolving Eurodollar Loan”). Borrowings also may be classified and referred to by Class (e.g. “Revolving Borrowing”) or by Type (e.g. “Eurodollar Borrowing”) or by Class and Type (e.g. “Revolving Eurodollar Borrowing”).

  • Types of Loans and Borrowings For purposes of this Agreement, Loans and Borrowings, respectively, may be classified and referred to by Type (e.g., a “Eurodollar Loan” or a “Eurodollar Borrowing”).

  • Authorization of Loan Documents and Borrowings The Borrower has the right and power, and has taken all necessary action to authorize it, to borrow and obtain other extensions of credit hereunder. The Borrower and each other Loan Party has the right and power, and has taken all necessary action to authorize it, to execute, deliver and perform each of the Loan Documents and the Fee Letter to which it is a party in accordance with their respective terms and to consummate the transactions contemplated hereby and thereby. The Loan Documents and the Fee Letter to which the Borrower or any other Loan Party is a party have been duly executed and delivered by the duly authorized officers of such Person and each is a legal, valid and binding obligation of such Person enforceable against such Person in accordance with its respective terms, except as the same may be limited by bankruptcy, insolvency, and other similar laws affecting the rights of creditors generally and the availability of equitable remedies for the enforcement of certain obligations (other than the payment of principal) contained herein or therein and as may be limited by equitable principles generally.

  • Revolving Loans and Borrowings (a) Each Loan shall be made as part of a Borrowing consisting of Revolving Loans made by the Lenders in accordance with their respective Applicable Percentages. The failure of any Lender to make any Revolving Loan required to be made by it shall not relieve any other Lender of its obligations hereunder; provided that the Revolving Commitments of the Lenders are several and no Lender shall be responsible for any other Lender’s failure to make Revolving Loans as required.

  • Classification of Loans and Borrowings For purposes of this Agreement, Loans may be classified and referred to by Class (e.g., a “Revolving Loan”) or by Type (e.g., a “Eurodollar Loan”) or by Class and Type (e.g., a “Eurodollar Revolving Loan”). Borrowings also may be classified and referred to by Class (e.g., a “Revolving Borrowing”) or by Type (e.g., a “Eurodollar Borrowing”) or by Class and Type (e.g., a “Eurodollar Revolving Borrowing”).

  • Authorization of Agreement, Loan Documents and Borrowing Each of the Borrower and its Subsidiaries has the right, power and authority and has taken all necessary corporate and other action to authorize the execution, delivery and performance of this Agreement and each of the other Loan Documents to which it is a party in accordance with their respective terms. This Agreement and each of the other Loan Documents have been duly executed and delivered by the duly authorized officers of the Borrower and each of its Subsidiaries party thereto, and each such document constitutes the legal, valid and binding obligation of the Borrower or its Subsidiary party thereto, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, moratorium or similar state or federal debtor relief laws from time to time in effect which affect the enforcement of creditors’ rights in general and the availability of equitable remedies.

  • Borrowing Mechanics for Revolving Loans (i) Except pursuant to Section 2.4(d), Revolving Loans that are Base Rate Loans shall be made in an aggregate minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of that amount, Revolving Loans that are Eurodollar Rate Loans shall be in an aggregate minimum amount of $5,000,000 and integral multiples of $1,000,000 in excess of that amount.

  • Borrowing Mechanics for Loans Borrower shall deliver to Administrative Agent a fully executed Funding Notice no later than one Business Day prior to the Closing Date or such shorter period of time acceptable to Administrative Agent. Promptly upon receipt by Administrative Agent of such Funding Notice, Administrative Agent shall notify each Lender of the proposed borrowing.

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