Common use of General Information and Exhibits Clause in Contracts

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” — Legal Description of the Land X Exhibit “B” — Definitions and Financial Statements X Exhibit “C” — Conditions Precedent to the Initial Advance X Exhibit “D” — Budget X Exhibit “E” — Plans X Exhibit “F” — Advances X Exhibit “F-1” — Draw Request X Exhibit “G” — Survey Requirements Exhibit “H” — Intentionally Omitted X Exhibit “I” — Leasing and Tenant Matters X Exhibit “J” — List of Required Bonds X Exhibit “K” — Letters of Credit X Exhibit “L” — Assignment and Assumption X Exhibit “M” — Promissory Note X Exhibit “N” — Schedule of Lenders The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 3 contracts

Samples: Construction Loan Agreement (Skechers Usa Inc), Construction Loan Agreement (Skechers Usa Inc), Construction Loan Agreement (Skechers Usa Inc)

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General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” - Legal Description of the Land X Exhibit “B” - Definitions and Financial Statements X Exhibit “C” - Certain Conditions Precedent to the Initial First Advance X Exhibit “DD-1- Apartments Unit Budget X Exhibit “D-2” - Office Tower/Retail Unit Budget Exhibit “E” - Plans X for Entire Project Exhibit “E-1” - Plans for Apartments Unit Improvements Exhibit “E-2” - Plans for Office Tower/Retail Improvements Exhibit “F” - Advances X Exhibit “F-1” - Draw Request X Exhibit “G” - Survey Requirements Exhibit “H” - Intentionally Omitted X Exhibit “I” - Leasing and Tenant Matters X Exhibit “J” - List of Required Project Bonds X Exhibit “K” — Letters of Credit X - Intentionally Omitted Exhibit “L” - Assignment and Assumption X Exhibit “M” — Promissory - Deed of Trust Note X Exhibit “N” - Schedule of Lenders Exhibit “O” - Extension Option Exhibit “P” - List of all Approvals, Permits and Entitlements Exhibit “Q” - Project Schedule Exhibit “R” - Swap Contracts The Exhibits contain other terms, provisions and conditions applicable to the each Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, evidence the agreements of Borrower and Lenders with respect to the each Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Construction Loan Agreement (Armada Hoffler Properties, Inc.)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” ”, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” - Legal Description of the Land X Exhibit “B” - Definitions and Financial Statements X Exhibit “C” - Conditions Precedent to the Initial Advance Exhibit “C-1” - Conditions Precedent to Advances in Excess of the Initial Advance X Exhibit “D” — Budget - Monthly Amortization Schedule X Exhibit “E” — Plans X - Intentionally Omitted Exhibit “F” - Advances X Exhibit “F-1” - Draw Request X Exhibit “G” - Survey Requirements Exhibit “H” - Intentionally Omitted X Exhibit “I” - Leasing and Tenant Matters X Exhibit “J” — List of Required Bonds X - Intentionally Omitted Exhibit “K” — Letters of Credit - Intentionally Omitted X Exhibit “L” - Assignment and Assumption X Exhibit “M” — Promissory - Loan Note X Exhibit “N” - Schedule of Lenders and Other Parties X Exhibit “O” - Swap Contracts The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Rents and Security Agreement (Acadia Realty Trust)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower Borrowers and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” - Legal Description of Original Collateral Exhibit “B” - Legal Description of Vacant Land Exhibit “C-1” - Legal Description of the Land X BHFS II Property Exhibit “BC-2- Legal Description of the BHFS III Property Exhibit “C-3” - Legal Description of the BHFS IV Property Exhibit “D” - Definitions and Financial Statements X Exhibit “C” — Conditions Precedent to the Initial Advance X Exhibit “D” — Budget X Exhibit “E” — Plans X - Schedule of Principal Payments Exhibit “F” — Advances X - Parking and Access Agreement Exhibit “F-1G-1— Draw Request X - Partial Releases of Lien Exhibit “GG-2— Survey Requirements - Schedule of Partial Release Prices Exhibit “H” — Intentionally Omitted X - Tenant and Leasing Matters Exhibit “I” — Leasing - Form of Assignment and Tenant Matters X Assumption Exhibit “J” — List of Required Bonds X Exhibit “K” — Letters of Credit X Exhibit “L” — Assignment and Assumption X Exhibit “M” — Promissory Note X Exhibit “N” — - Schedule of Lenders The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “BD”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to LendersAdministrative Agent, evidence the agreements of Borrower Borrowers and Lenders with respect to the Loan. Borrower Each Borrower, and Borrowers, jointly and severally, shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” - Legal Description of the Land X Exhibit “B” - Definitions and Financial Statements X Exhibit “C” - Conditions Precedent to the Initial Advance X Exhibit “D” - Budget X Exhibit “E” — Plans X - Reserved Exhibit “F” - Advances X Exhibit “F-1” - Draw Request X Exhibit “G” - Survey Requirements Exhibit “H” — Intentionally Omitted X - Reserved Exhibit “I” - Leasing and Tenant Matters X Exhibit “J” — List - Letters of Required Bonds X Credit Exhibit “K” — Letters of Credit X - Assignment and Assumption Exhibit “L” — Assignment and Assumption X - Deed of Trust Note Exhibit “M” — Promissory Note X - Schedule of Lenders Exhibit “N” - Schedule of Lenders Costs Paid from Up-Front Equity The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereofthereof or at such other time as may be contemplated by the terms of the Loan Documents. X ____ Exhibit “A” - Legal Description of the Land X ____ Exhibit “B” — Definitions and - Definitions; Financial Statements X ____ Exhibit “C” - Conditions Precedent to the Initial Closing Date Advance X ____ Exhibit “D” — Budget X - Form of Compliance Certificate ____ Exhibit “E” — Plans X - Rent Roll ____ Exhibit “F” — Advances X Exhibit “F-1” — Draw Request X - Structure Chart ____ Exhibit “G” — Survey Requirements - List of Approved Affiliated Contracts ____ Exhibit “H” — Intentionally Omitted X - Form of SNDA ____ Exhibit “I” - Leasing and Tenant Matters X ____ Exhibit “J” — List of Required Bonds X - [Intentionally Omitted] ____ Exhibit “K” — Letters of Credit X - [Intentionally Omitted] ____ Exhibit “L” - Form of Assignment and Assumption X ____ Exhibit “M” — Promissory - Form of Note X ____ Exhibit “N” - Schedule of Lenders and Other Parties ____ Exhibit “O” - Swap Contracts The Exhibits contain other terms, provisions and conditions applicable to the LoanLoans. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, Documents evidence the agreements of Borrower and Lenders with respect to the LoanLoans. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Loan Agreement (FSP 50 South Tenth Street Corp)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” ”, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower Borrower, Guarantor and Lenders Lender agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” - Legal Description of the Land X Exhibit “B” - Definitions and Financial Statements X Exhibit “C” - Conditions Precedent to the Initial Advance X Exhibit “D” - Budget X Exhibit “E” - Plans X Exhibit “F” - Advances X Exhibit “F-1” - Draw Request X Exhibit “G” - Survey Requirements Exhibit “H” — Intentionally Omitted X - Permanent Loan Exhibit “I” - Leasing and Tenant Matters X Exhibit “J” - List of Required Bonds X Exhibit “K” — Letters of Credit - Permitted Encumbrances X Exhibit “L” — Assignment and Assumption X Exhibit “M” — Promissory Note X Exhibit “N” — Schedule - Notices of Lenders Violations The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to LendersLender, evidence the agreements of Borrower Borrower, Guarantor and Lenders Lender with respect to the Loan. Borrower and Guarantor shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Construction Loan Agreement (Pharmaceutical Product Development Inc)

General Information and Exhibits. This Agreement includes all of the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower Borrowers and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X _X_ Exhibit “A” - Legal Description of the Land X _X_ Exhibit “B” - Definitions and Financial Statements X _X_ Exhibit “C” - Conditions Precedent to the Initial Advance X Disbursement of Term Loan and the Extension of Credit for the Revolving Loan _X_ Exhibit “D” — Budget X - Leasing and Tenant Matters _X_ Exhibit “E” — Plans X - Assignment and Assumption _X_ Exhibit “F” — Advances X Exhibit “F-1” — Draw Request X - Promissory Note _X_ Exhibit “G” — Survey Requirements - Schedule of Lenders _X_ Exhibit “H” — Intentionally Omitted X - Swap Contracts _X_ Exhibit “I” — Leasing and Tenant Matters X - Extension Conditions _X_ Exhibit “J” — List - Form of Required Bonds X Draw Request _X_ Exhibit “KK-1— Letters - Form of Credit X U.S. Tax Compliance Certificate (For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “K-2” - Form of U.S. Tax Compliance Certificate (For Foreign Participants That Are Not Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “K-3” - Form of U.S. Tax Compliance Certificate (For Foreign Participants That Are Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “K-4” - Form of U.S. Tax Compliance Certificate (For Foreign Lenders That Are Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “L” — Assignment and Assumption X - Form of Secured Party Designation Notice _X_ Exhibit “M” — Promissory Note X - Form of Rollover Conversion Notice _X_ Exhibit “N” - Borrowers’ Remittance Instructions _X_ Exhibit “O” - Borrower’s Instruction Certificate _X_ Exhibit “P” - Form of Compliance Certificate _X_ Exhibit “Q” - Schedule of Lenders Litigation _X_ Exhibit “R” - Leases with a Right of First Offer The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Administrative Agent and the Lenders, evidence the agreements of Borrower Borrowers and Lenders with respect to the Loan. Borrower Borrowers shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust II, Inc.)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” Legal Description of the Land X Hotel Project Exhibit “A-1” – Legal Description of the Master Residential Condominium Units Exhibit “B” Definitions and Financial Statements X Exhibit “C” Conditions Precedent to the Initial Advance X Exhibit “D” Budget X Exhibit “E” – List of Plans X Exhibit “F” Advances X Exhibit “F-1” – Form of Draw Request X Exhibit “G” Survey Requirements Exhibit “H” — Intentionally Omitted X – List of Units and Minimum Release Prices Exhibit “I” — Leasing and Tenant Matters X – List of Required Bonds Exhibit “J” — List – Letters of Required Bonds X Credit Exhibit “K” — Letters – Form of Credit X Assignment and Assumption Exhibit “L” — Assignment and Assumption X – Form of Promissory Note Exhibit “M” — Promissory Note X – Schedule of Lenders Exhibit “N” — Schedule – Reserved Exhibit “O” – Form of Lenders Letter of Credit Application The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to LendersAgents, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Construction Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower Each Loan Party and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” — Legal A - Description of the Land X Irving, Texas Project Exhibit “B” — B - Definitions and Financial Statements X Exhibit “C” — C - Certain Conditions Precedent to the Initial First Advance X Exhibit “D” — Budget X D - INTENTIONALLY OMITTED Exhibit “E” — Plans X E - Form of Compliance Certificate Exhibit “F” — F - Advances X Exhibit “F-1” — Draw F-1 - Form of Advance Request X Exhibit “G” — G - Survey Requirements Exhibit “H” — Intentionally Omitted X H - Title Insurance Requirements Exhibit “I” — I - Leasing and Tenant Matters X Exhibit “J” — List of Required Bonds X J - Insurance Requirements Exhibit “K” — Letters K - BofA Form Application and Agreement for Standby Letter of Credit X Exhibit “L” — L - Form of Assignment and Assumption X Exhibit “M” — M - Form of Promissory Note X Exhibit “N” — N - Schedule of Lenders The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. EXHIBIT B. This Agreement and the other Loan Documents, which must be in form, detail and substance reasonably satisfactory to Lenders, evidence the agreements of Borrower each Loan Party and Lenders with respect to the Loan. Borrower Each Loan Party shall comply with all of the Loan Documents, but Documents applicable to such Loan Party and the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Collateral owned by such Loan Documents, the provisions of this Agreement shall controlParty.

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” ”, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” - Legal Description of the Land X Exhibit “B” - Definitions and Financial Statements X Exhibit “C” - Conditions Precedent to the Advance X Exhibit “C-1” - Conditions Precedent to Advances in Excess of the Initial Advance X Exhibit “D” — Budget X - Monthly Amortization Schedule Exhibit “E” — Plans - Intentionally Omitted X Exhibit “F” - Advances X Exhibit “F-1” - Draw Request X Exhibit “G” - Survey Requirements Exhibit “H” - Intentionally Omitted X Exhibit “I” - Leasing and Tenant Matters X Exhibit “J” — List of Required Bonds X - Intentionally Omitted Exhibit “K” — Letters of Credit - Intentionally Omitted X Exhibit “L” - Assignment and Assumption X Exhibit “M” — Promissory - Loan Note X Exhibit “N” - Schedule of Lenders and Other Parties X Exhibit “O” - Swap Contracts The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Loan Agreement (Acadia Realty Trust)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit "A” — " - Legal Description of the Land X Exhibit "B” — Definitions and Financial Statements X " - Basic Information Exhibit "C” — " - Certain Conditions Precedent to the Initial Advance X Loan Closing Exhibit "C-1" - Certain Conditions Precedent to the Funding Exhibit "D” — " - Budget X Exhibit "E” — Plans X " - Minimum Unit Release Prices Exhibit "F” — " - Advances X Exhibit “F-1” — "F-I" - Draw Request X Exhibit "G” — " - Survey Requirements Exhibit "H” — Intentionally Omitted X " - [Reserved] Exhibit "I” — Leasing and Tenant Matters X Exhibit “J” — " - List of Required Bonds X Exhibit “K” — Letters of Credit X Exhibit “L” — "J" - Assignment and Assumption X Exhibit “M” — "K" - Form of Promissory Note X Exhibit “N” — "L" - Schedule of Lenders Exhibit "M" - Form of Guaranty The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in the Basic Information set forth in Exhibit "B" (the "Basic Information"). This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Construction Loan Agreement (FelCor Lodging Trust Inc)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” — Legal A”—Legal Description of the Land X Exhibit “B” — Definitions B”—Definitions and Financial Statements X Exhibit “C” — C”—Certain Conditions Precedent to the Initial Advance X Exhibit “D” — Budget X D”—Budget Exhibit “E” — Plans X E”—Plans Exhibit “F” — Advances X F”—Advances Exhibit “F-1” — Draw F-1”—Draw Request X Exhibit “G” — Survey G”—Survey Requirements Exhibit “H” — Intentionally H”—Intentionally Omitted X Exhibit “I” — Leasing I”—Leasing and Tenant Matters X Exhibit “J” — List J”—List of Required Project Bonds X Exhibit “K” — Letters of Credit X K”—Intentionally Omitted Exhibit “L” — Assignment L”—Assignment and Assumption X Exhibit “M” — Promissory M”—Form of Deed of Trust Note X Exhibit “N” — Schedule N”—Schedule of Lenders Exhibit “O”—Extension Options Exhibit “P”—List of all Approvals, Permits and Entitlements Exhibit “Q”—Project Schedule Exhibit “R”—Financial Covenants Exhibit “R-1”—Form of Compliance Certificate The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Construction Loan Agreement (Armada Hoffler Properties, Inc.)

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General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower Borrowers, Operating Lessee, Administrative Agent and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereofthereof or at such other time as may be contemplated by the terms of the Loan Documents. X ____ Exhibit “A” - Legal Description of the Land X Hotel and Residential Units ____ Exhibit “B” - Definitions and Financial Statements X ____ Exhibit “C” - Conditions Precedent to the Initial Advance X Closing ____ Exhibit “D” — Budget X - Structure Chart ____ Exhibit “E” — Plans X - Leasing and Tenant Matters ____ Exhibit “F” — Advances X Exhibit “F-1” — Draw Request X - Intentionally Omitted ____ Exhibit “G” — Survey Requirements - Form of Assignment and Assumption ____ Exhibit “H” — Intentionally Omitted X - Form of Note ____ Exhibit “I” — Leasing - Schedule of Lenders and Tenant Matters X Other Parties ____ Exhibit “J” — List of Required Bonds X - Interest Rate Protection Agreement ____ Exhibit “K” — Letters - Form of Credit X DSCR Certificate ____ Exhibit “L” — Assignment and Assumption X - Property Improvement Plan ____ Exhibit “M” — Promissory Note X - Condominium Documents ____ Exhibit “N” — Schedule of Lenders - Accounts ____ Exhibit “O” - Time Share Floors and Rooms The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, Documents evidence the agreements of Borrower Borrowers, Operating Lessee, Administrative Agent and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower Each Loan Party and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” — Legal A - Description of the Land X Property Exhibit “B” — B - Definitions and Financial Statements X Exhibit “C” — C - Certain Conditions Precedent to the Initial First Advance X Exhibit “D” — Budget X D - INTENTIONALLY OMITTED Exhibit “E” — Plans X E - Form of Compliance Certificate Exhibit “F” — F - Advances X Exhibit “F-1” — Draw F-1 - Form of Advance Request X Exhibit “G” — G - Survey Requirements Exhibit “H” — Intentionally Omitted X H - Title Insurance Requirements Exhibit “I” — I - Leasing and Tenant Matters X Exhibit “J” — List J - Insurance Requirements Exhibit K - INTENTIONALLY OMITTED Exhibit L - Form of Required Bonds X Exhibit “K” — Letters of Credit X Exhibit “L” — Assignment and Assumption X Exhibit “M” — M - Form of Promissory Note X Exhibit “N” — N - Schedule of Lenders The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. B. This Agreement and the other Loan Documents, which must be in form, detail and substance reasonably satisfactory to Lenders, evidence the agreements of Borrower each Loan Party and Lenders with respect to the Loan. Borrower Each Loan Party shall comply with all of the Loan Documents, but Documents applicable to such Loan Party and the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Collateral owned by such Loan Documents, the provisions of this Agreement shall controlParty.

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Reit I Inc)

General Information and Exhibits. This Agreement includes all of the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower Borrowers and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X _X_ Exhibit “A” - Legal Description of the Land X _X_ Exhibit “B” - Definitions and Financial Statements X _X_ Exhibit “C” - Conditions Precedent to the Initial Advance X Disbursement of Term Loan and the Extension of Credit for the Revolving Loan _X_ Exhibit “D” — Budget X - Leasing and Tenant Matters _X_ Exhibit “E” — Plans X - Assignment and Assumption _X_ Exhibit “F” — Advances X Exhibit “F-1” — Draw Request X - Promissory Note _X_ Exhibit “G” — Survey Requirements - Schedule of Lenders _X_ Exhibit “H” — Intentionally Omitted X - Swap Contracts _X_ Exhibit “I” — Leasing and Tenant Matters X - Extension Conditions _X_ Exhibit “J” — List - Form of Required Bonds X Draw Request _X_ Exhibit “KK-1— Letters - Form of Credit X U.S. Tax Compliance Certificate (For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “K-2” - Form of U.S. Tax Compliance Certificate (For Foreign Participants That Are Not Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “K-3” - Form of U.S. Tax Compliance Certificate (For Foreign Participants That Are Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “K-4” - Form of U.S. Tax Compliance Certificate (For Foreign Lenders That Are Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “L” — Assignment and Assumption X - Form of Secured Party Designation Notice _X_ Exhibit “M” — Promissory Note X - Form of Joinder Agreement _X_ Exhibit “N” — Schedule - Borrowers’ Remittance Instructions _X_ Exhibit “O” - Borrower’s Instruction Certificate _X_ Exhibit “P” - Form of Lenders Compliance Certificate The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Administrative Agent and the Lenders, evidence the agreements of Borrower Borrowers and Lenders with respect to the Loan. Borrower Borrowers shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” ”, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” Legal Description of the Land X Exhibit “B” Definitions and Financial Statements X Exhibit “C” Conditions Precedent to the Initial Advance at Closing X Exhibit “C-1” - Conditions Precedent to First Advance Following Initial Advance X Exhibit “D” Budget X Exhibit “E” – Schedule of Plans and Specifications X Exhibit “F” Advances X Exhibit “F-1” Draw Request X Exhibit “G” Survey Requirements X Exhibit “H” Intentionally Omitted X Exhibit “I” Leasing and Tenant Matters X Exhibit “J” — List of Required Bonds – Lease Form X Exhibit “K” — Letters of Credit – Intentionally Omitted X Exhibit “L” Assignment and Assumption X Exhibit “M” — Promissory - Deed of Trust Note X Exhibit “N” - Intentionally Omitted X Exhibit “O” - Compliance Certificate X Exhibit “P” – Schedule of Lenders The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.,

Appears in 1 contract

Samples: Construction Loan Agreement (Bluerock Residential Growth REIT, Inc.)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” Legal Description of the Land X Hotel Project Exhibit “A-1” – Legal Description of the Master Residential Condominium Units Exhibit “B” Definitions and Financial Statements X Exhibit “C” Conditions Precedent to the Initial Advance X Exhibit “D” Budget X (Consolidated) Exhibit “D-1” – Budget for Main Hotel Building Renovation Project Exhibit “D-2” – Budget for New Hotel Facilities and Corporate Apartments Project Exhibit “E” – List of Plans X Exhibit “F” Advances X Exhibit “F-1” – Form of Draw Request X Exhibit “G” Survey Requirements Exhibit “H” — Intentionally Omitted X – RESERVED Exhibit “I” — Leasing and Tenant Matters X – List of Required Bonds Exhibit “J” — List – Letters of Required Bonds X Credit Exhibit “K” — Letters – Form of Credit X Assignment and Assumption Exhibit “L” — Assignment and Assumption X – Form of Promissory Note Exhibit “M” — Promissory Note X – Schedule of Lenders Exhibit “N” — Schedule – Reserved Exhibit “O” – Form of Lenders Letter of Credit Application The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to LendersAgents, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Construction Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)

General Information and Exhibits. This Agreement includes all of the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X _X_ Exhibit “AA-1- Legal Description of the 00xx Xxxxxx Land X _X_ Exhibit “A-2” - Legal Description of the Clay Street Land _X_ Exhibit “B” - Definitions and Financial Statements X _X_ Exhibit “CC-1- Conditions Precedent to the Initial Advance X of the Loan _X_ Exhibit “C-2” - Conditions Precedent to the Additional Advances of the Loan _X_ Exhibit “C-3” - Draw Request _X_ Exhibit “D” — Budget X - Leasing and Tenant Matters _X_ Exhibit “E” — Plans X - Assignment and Assumption _X_ Exhibit “F” — Advances X Exhibit “F-1” — Draw Request X - Promissory Note _X_ Exhibit “G” — Survey Requirements - Schedule of Lenders _X_ Exhibit “H” — Intentionally Omitted X - Swap Contracts ___ Exhibit “I” — Leasing and Tenant Matters X - Intentionally Omitted _X_ Exhibit “J” — List - Form of Required Bonds X Covenant Compliance Certificate _X_ Exhibit “KK-1— Letters - Form of Credit X U.S. Tax Compliance Certificate (For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “K-2” - Form of U.S. Tax Compliance Certificate (For Foreign Participants That Are Not Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “K-3” - Form of U.S. Tax Compliance Certificate (For Foreign Participants That Are Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “K-4” - Form of U.S. Tax Compliance Certificate (For Foreign Lenders That Are Partnerships For U.S. Federal Income Tax Purposes) _X_ Exhibit “L” — Assignment and Assumption X - Form of Secured Party Designation Notice _X_ Exhibit “M” — Promissory Note X - Form of Borrower’s Remittance Instructions _X_ Exhibit “N” — Schedule - Form of Lenders Borrower’s Instruction Certificate The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Loan Agreement (KBS Strategic Opportunity REIT II, Inc.)

General Information and Exhibits. This Agreement includes the Exhibits listed below which are marked by an "X,” ", all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” — A - Legal Description of the Land X Exhibit “B” — B - Definitions and Financial Statements X Exhibit “C” — C - Conditions Precedent to the Initial Advance X Exhibit “D” — Budget D - Monthly Amortization Schedule X Exhibit “E” — Plans X Exhibit “F” — Advances X Exhibit “F-1” — Draw Request X Exhibit “G” — Survey Requirements Exhibit “H” — E - Intentionally Omitted X Exhibit “I” — F - Advances X Exhibit G - Survey Requirements Exhibit H - Intentionally Omitted X Exhibit I - Leasing and Tenant Matters Exhibit J - Intentionally Omitted Exhibit K - Intentionally Omitted X Exhibit “J” — List of Required Bonds X Exhibit “K” — Letters of Credit X Exhibit “L” — L - Assignment and Assumption X Exhibit “M” — Promissory M - Loan Note X Exhibit “N” — N - Schedule of Lenders and Other Parties X Exhibit O - Swap Contracts The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. B. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Loan Agreement (Acadia Realty Trust)

General Information and Exhibits. This Agreement includes all of the Exhibits listed below which are marked by an “X,” below, all of which Exhibits are attached hereto and made a part hereof for all purposes. Borrower and Lenders agree that if any Exhibit to be attached to this Agreement contains blanks, the same shall be completed correctly and in accordance with this Agreement prior to or at the time of the execution and delivery thereof. X Exhibit “A” - Legal Description of the Land X Exhibit “B” - Definitions and Financial Statements X Exhibit “C” - Conditions Precedent to the Initial Advance of the Loan X Exhibit “C-1” - Conditions Precedent to the Additional Advances of the Loan X Exhibit “C-2” - Draw Request X Exhibit “D” — Budget X Exhibit “E” — Plans X Exhibit “F” — Advances X Exhibit “F-1” — Draw Request X Exhibit “G” — Survey Requirements Exhibit “H” — Intentionally Omitted X Exhibit “I” — - Leasing and Tenant Matters X Exhibit “JE— List of Required Bonds X Exhibit “K” — Letters of Credit X Exhibit “L” — - Assignment and Assumption X Exhibit “MF— Promissory - Note X Exhibit “NG- Schedule of Lenders X Exhibit “H” - Swap Contracts X Exhibit “I” - Extension Conditions X Exhibit “J” - Financial Covenants X Exhibit “K-1” - Form of U.S. Tax Compliance Certificate (For Foreign Lenders That Are Not Partnerships For U.S. Federal Income Tax Purposes) X Exhibit “K-2” - Form of U.S. Tax Compliance Certificate (For Foreign Participants That Are Not Partnerships For U.S. Federal Income Tax Purposes) X Exhibit “K-3” - Form of U.S. Tax Compliance Certificate (For Foreign Participants That Are Partnerships For U.S. Federal Income Tax Purposes) X Exhibit “K-4” - Form of U.S. Tax Compliance Certificate (For Foreign Lenders That Are Partnerships For U.S. Federal Income Tax Purposes) X Exhibit “L” - Form of Secured Party Designation Notice The Exhibits contain other terms, provisions and conditions applicable to the Loan. Capitalized terms used in this Agreement shall have the meanings assigned to them in Exhibit “B”. This Agreement and the other Loan Documents, which must be in form, detail and substance satisfactory to Lenders, evidence the agreements of Borrower and Lenders with respect to the Loan. Borrower shall comply with all of the Loan Documents, but to the extent that the provisions of this Agreement conflict or are inconsistent with the provisions in any of the other Loan Documents, the provisions of this Agreement shall control.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust III, Inc.)

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