Note Holder. Note Holder has read the Documents, understands the tax aspects and risks associated with the purchase of the Notes, and agrees that the Note Holder shall be solely and entirely responsible for any and all tax payments, tax obligations, fees, and assessments, along with all reporting of Note Holder’s tax consequences, as a result of the purchase of, and any income from, the Notes. The Fund shall have no obligation, responsibility or liability to the Note Holder in connection with the payment or remittance of any taxes or tax filings required to be made by the Note Holder.
Note Holder. KSL CAPITAL PARTNERS CO TRUST II, a Maryland business trust By: /s/ Xxxxxx X. Xxxxxx Name: Xxxxxx X. Xxxxxx Title: Chief Operating Officer [END OF SIGNATURES] EXHIBIT A MORTGAGE LOAN SCHEDULE
Note Holder. The Controlling Note Holder agrees to inform each such Servicer or Trustee of the then-current Controlling Note Holder Representative.
Note Holder. Such Note Holder is the owner of the Promissory Note, and owns such Promissory Note free and clear of all liens, claims and encumbrances.
Note Holder. The Controlling Note Holder and the Non-Controlling Note Holder acknowledge and agree that any successor special servicer appointed to replace the Special Servicer will be an Approved Servicer or meet the Required Special Servicer Rating. The Non-Controlling Note Holder shall be solely responsible for reimbursing the Trustee’s or the Controlling Note Holder’s, as applicable, costs and expenses, if not paid within a reasonable time by the terminated special servicer and, in the case of the Trustee, that would otherwise be reimbursed to the Trustee from amounts on deposit in the Collection Account or Companion Distribution Account.
Note Holder. Such Non-U.S. Note Holder: (i) is domiciled and has its principal place of business or registered office outside the United States; (ii) certifies it is not a U.S. person and is not acquiring the Note Conversion Shares for the account or benefit of any U.S. person; and (iii) at the time of the applicable Closing, the Non-U.S. Note Holder or persons acting on the Non-U.S. Note Holder’s behalf in connection therewith are located outside the United States.
Note Holder. Bend Arch Petroleum, Inc. Proco Operating Co., Inc /s/Xxxxxxx Xxxxxxx /s/ Xxxxxxx Xxx Bitters Xxxxxxx Xxxxxxx Xxxxxxx Xxx Bitters Director President
Note Holder. The Xxxxxxxx Fashion Center Companion Distribution Account shall be maintained as an Eligible Account (or as a sub-account of an Eligible Account). Funds in the Xxxxxxxx Fashion Center Companion Distribution Account shall remain uninvested. The Xxxxxxxx Fashion Center Companion Paying Agent shall give notice to the Master Servicer of the location of the Xxxxxxxx Fashion Center Companion Distribution Account as of the Closing Date and of the new location of the Xxxxxxxx Fashion Center Companion Distribution Account prior to any change thereof. The Master Servicer shall deliver to the Xxxxxxxx Fashion Center Companion Paying Agent each month on or before the Master Servicer Remittance Date therein, for deposit in the Xxxxxxxx Fashion Center Companion Distribution Account, that portion of the Xxxxxxxx Fashion A/B Loan Remittance Amount allocable to the Xxxxxxxx Fashion Center A-2 Note Holder then on deposit in the Xxxxxxxx Fashion Center Custodial Account.
Note Holder. The Xxxxxxxx Fashion Center Companion Paying Agent shall, upon receipt, deposit in the Xxxxxxxx Fashion Center Companion Distribution Account any and all amounts received by the Xxxxxxxx Fashion Center Companion Paying Agent that are required by the terms of this Agreement to be deposited therein. If, as of 3:00 p.m. (New York City time) on any Master Servicer Remittance Date or on such other date as any amount is required to be delivered for deposit in the Xxxxxxxx Fashion Center Companion Distribution Account, the Master Servicer shall not have delivered to the Xxxxxxxx Fashion Center Companion Paying Agent for deposit in the Xxxxxxxx Fashion Center Companion Distribution Account any of the amounts required to be deposited therein, then the Xxxxxxxx Fashion Center Companion Paying Agent shall provide notice of such failure to a Servicing Officer of the Master Servicer by facsimile transmission sent to telecopy no. (000) 000-0000 (or such alternative number provided by the Master Servicer to the Xxxxxxxx Fashion Center Companion Paying Agent in writing) and by telephone at telephone no. (000) 000-0000 (or such alternative number provided by the Master Servicer to the Xxxxxxxx Fashion Center Companion Paying Agent in writing) as soon as possible, but in any event before 5:00 p.m. (New York City time) on such day.
Note Holder. Proco Operating Co., Inc. By: /s/ Xxxxxxx Xxx Xxxxxxx Xxxxxxx Xxx Xxxxxxx President
