Modifications of the Loan Documents Sample Clauses

Modifications of the Loan Documents. The Mortgage is hereby modified as follows: (a) Section 14.1 of the Mortgage is hereby deleted in its entirety and the following substituted in its stead:

Modifications of the Loan Documents. The Loan Documents are hereby modified as follows: (a) The first sentence of Paragraph 1(j) of the Mortgage is hereby deleted in its entirety and the following substituted instead: “The Management Agreement, dated as of July 27, 2007 (the “Management Agreement”) between Borrower and Triple Net Properties Realty, Inc. (the “Manager”) pursuant to which Manager operates the Property is in full force and effect and there is no default or violation by any party thereunder.” (b) The second sentence of Paragraph 1(k) of the Mortgage is hereby deleted in its entirety and the following substituted instead: “Borrower is incorporated in or organized under the laws of the State of Delaware.” (c) The third sentence of Paragraph 1(k) of the Mortgage is hereby modified to delete the address of “▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇” and the following is hereby replaced in its stead, “▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ #▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇.” (d) The fourth sentence of Paragraph 1(k) is hereby modified to delete the state of “Georgia” and the following is hereby replaced in its stead, “Delaware.” (e) Paragraph 8(b) of the Mortgage is hereby modified to add the following at after the last sentence: “A Transfer shall not include a transfer of interest in NNN Healthcare/Office REIT, Inc., provided however, there is no change of control (as defined hereinafter in paragraph 8(h)) whether in the singular or in the aggregate of the ownership or management of Borrower.” (f) Section 37 of the Mortgage is hereby deleted in its entirety and the following substituted instead:

Modifications of the Loan Documents a. Any and all references to “Beacon Capital Strategic Partners IV, L.P.” in the definition of “Transfer” in Section 1.01 of the Mortgage are hereby replaced with “Behringer Harvard Operating Partnership I LP.” b. Section 2.02(g)(vii) of the Mortgage is hereby deleted in its entirety and the following substituted instead: “Borrower and, if applicable, each General Partner, have been at all times, and intend to be, adequately capitalized in light of the nature of their respective businesses.” c. Exhibit E to the Mortgage is hereby deleted in its entirety and replaced with the Exhibit E attached hereto. d. Section 3 of Exhibit B to the Central Account Agreement is hereby deleted in its entirety and the following substituted instead: “Amounts in excess of those required to be allocated to the Sub-Accounts as set forth above shall, upon the direction of Lender, be disbursed on each Payment Date and on the third (3rd) day of each month to the following account: Bank: Bank of America, N.A. ABA #: ▇▇▇▇▇▇▇▇▇ Account: One Financial Place Property LLC (disb) Account #: 488-011-001-704”

Modifications of the Loan Documents a. Section 8.2(b) of the Loan Agreement is hereby deleted in its entirety and restated as follows: “Notwithstanding Section 8.2(a) or anything else in this Agreement or the other Loan Documents to the contrary, there shall be no limit on the ability of the direct or indirect owners of Borrower (including, without limitation, the direct and indirect owners of Behringer Harvard Operating Partnership I LP, a Texas limited partnership (“Behringer LP”)) to Transfer (including, without limitation, pledge) their direct or indirect interests in Borrower (including, without limitation, direct or indirect interests in Behringer LP) without the consent of or notice to Lender, the Rating Agencies or any other Person provided that if, after giving effect to such pledge or transfer and all prior pledges or transfers, more than forty nine percent (49%) in the aggregate of direct or indirect interests in Borrower are owned by any Person and its Affiliates that owned less than a forty nine percent (49%) direct or indirect interest in Borrower as of November 1, 2007, Lender shall receive a non-consolidation opinion acceptable to the Rating Agencies (or if no Securities are outstanding at the time, acceptable to Lender in its reasonable discretion); provided, further, however, that the following entities may not pledge their direct or indirect interests in Borrower except in connection with a Mezzanine Loan: Behringer Harvard ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, LLC, Behringer Harvard ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Holding Business Trust, and Behringer LP.” b. Exhibit A to the Cash Management Agreement is hereby deleted in its entirety and replaced with the Exhibit A attached hereto. c. Exhibit B to the Cash Management Agreement is hereby deleted in its entirety and replaced with the Exhibit B attached hereto.

Modifications of the Loan Documents. The Loan Documents are hereby modified as follows: (a) Section 6.1 of the Loan Agreement is hereby deleted in its entirety and the following substituted in its stead:

Modifications of the Loan Documents. The Loan Documents are hereby ------------------------------------ modified as follows: (a) Section 34 of the Mortgage is hereby deleted in its entirety and the following substituted in its stead:

Modifications of the Loan Documents. The Mortgage is hereby modified as follows: (a) The introductory paragraph of the Loan Agreement (and each other Loan Document, as applicable) is hereby modified to substitute the name (as listed above) of Lender, as Lender in place of Lender's name set forth therein. (b) Section 16.1 of the ▇▇▇▇ Agreement is hereby deleted in its entirety and the following is hereby substituted in its stead:

Modifications of the Loan Documents. The Loan Documents are hereby modified as follows: (a) All notice provisions of the Loan Documents which provide addresses for Lender, Borrower or any guarantor or indemnitor, together with the addresses for the mailing of copies of any notices provided to such parties thereunder, are hereby deleted in their entirety and the following substituted in lieu thereof: “If to Borrower, Guarantor or Indemnitor: c/o CB ▇▇▇▇▇▇▇ ▇▇▇▇▇ Realty Trust ▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇ ▇. ▇▇▇▇▇ With a copy by the same means sent simultaneously to: CB ▇▇▇▇▇▇▇ ▇▇▇▇▇ Investors ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Attn: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ K&L Gates LLP ▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ Attn: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇, Esq. If to Lender: Teachers Insurance and Annuity Association of America ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: Director Global Private Markets, Portfolio Management Application #: NJ-1659 Mortgage #: 000453200 With a copy by the same means sent simultaneously to: Teachers Insurance and Annuity Association of America ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ Attention: Chief Counsel – Advocacy and Oversight Mortgage and Real Estate Law Application #: NJ-1659 Mortgage #: 000453200 or to any other Person or address in the continental United States of America, Alaska or Hawaii as either such party may designate as its address for the receipt of notices hereunder in a written notice duly given to the other party”; (b) Section 2.1 of the Mortgage is hereby amended as follows: (i) by deleting the reference in clause (viii) thereof to “(other than any names or marks containing ▇▇▇▇▇ or ▇▇▇▇▇ Mountain)” in its entirety and substituting the following in lieu thereof “(other than any names or marks containing CBRE)” and (ii) by deleting clause (xvii) thereof in its entirety and substituting the following in lieu thereof “(xvii) all of Borrower’s interest as lessor in and to the Urban Renewal Lease as well as Borrower’s sub-leasehold estate in the lease with RT 90 ▇▇▇▇▇▇ Urban Renewal, LLC (as assignee of ▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ Urban Renewal Associates, L.L.C) dated February 23, 1999 (as amended and assigned), a memorandum of which was recorded on February 23, 1999 in the Land Records of ▇▇▇▇▇▇ County in Deed Book 5403 at Page 77.” (c) Section 2.3(b)(a) of the Mortgage is hereby deleted in its entirety and the following is substituted in lieu thereof: (a) Name and address of Debtor: RT 90 ▇▇▇▇▇▇, LLC c/o CB ▇...

Modifications of the Loan Documents. The Existing Loan Documents are hereby modified as follows: (a) Any and all references to the “Loan” as set forth in any of the Existing Loan Documents shall hereafter refer to that certain mortgage loan evidenced by the Note (as such Note is defined in Section 4(c) of this Agreement). (b) Any and all references to the “Loan Documents” or a particular Loan Document as set forth in any of the Existing Loan Documents shall mean, other than in the instance of the Note, the applicable Loan Document, as modified hereby, and in the instance of the Note, shall mean the “Note” as defined in Section 4(d) of this Agreement. (c) Any and all references to the “Maturity Date” as set forth in any of the Existing Loan Documents shall hereafter refer to May 1, 2019. Without limiting the foregoing, the reference to “May 1, 2016” as set forth in Recital B to the Existing Mortgage and the Existing Assignment is hereby deleted in its entirety and the following is substituted in lieu thereof: “May 1, 2019”. (d) Any and all references to the “Note” as set forth in any of the Existing Loan Documents is hereby modified to refer to that certain Amended and Restated Promissory Note dated as of July 14, 2011, executed by RT 90 ▇▇▇▇▇▇, LLC in favor of Teachers Insurance and Annuity Association of America evidencing a mortgage loan in the principal amount of $108,500,000.00. (e) Any and all references to the “Principal” as set forth in the Existing Mortgage and the Existing Assignment shall hereafter refer to “the principal amount of One Hundred Eight Million Five Hundred Thousand and No/100 Dollars ($108,500,000.00) evidenced by the Note (or so much thereof as is outstanding from time to time under the terms of the Note)”. (f) The references to “the” or “a” “Real Estate Tax and Rollover Reserve Escrow and Security Agreement dated the date of this Mortgage among Borrower, Lender and the Accumulations Depository” in Section 6.2(e) and Section 6.4 of the Existing Mortgage shall hereafter refer to the Existing Reserve Agreement as modified by this Agreement. (g) The reference to “▇▇▇▇▇ Financial Services, LLC” as set forth in Section 7.5(f) of the Existing Mortgage is hereby deleted in its entirety and the following is substituted in lieu thereof: “Northmarq Capital, LLC”.