Note to Borrower Sample Clauses

Note to Borrower. For multiple borrowings, conversions and/or continuations for a particular facility, fill out a new row for each borrowing/conversion and/or continuation.

Note to Borrower. All prepayments submitted under a single Notice of Loan Prepayment must be effective on the same date. If multiple effective dates are needed, multiple Notice of Loan Prepayment will need to be prepared and signed.

Note to Borrower. Complete a new row for each Borrowing being prepaid.

Note to Borrower. Complete a new row for each Borrowing being prepaid. [For Servicing and Liquidation] Collateral Asset Files Name of Obligor: Loan No.: This Request for Release and Receipt is made in accordance with the Credit Agreement dated as of March 9, 2026 (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), among Bald Eagle Funding LLC, a Delaware limited liability company (the “Borrower”), each Lender from time to time party thereto, Bank of America, N.A., as Administrative Agent, Citibank, N.A., as Collateral Agent and as Collateral Custodian, and Virtus Group, LP, as Collateral Administrator. All capitalized terms not otherwise defined in this Request for Release and Receipt shall have the meanings ascribed to them in the Credit Agreement. The undersigned hereby requests release of the original documents listed on Schedule 1 attached hereto (the “Documents”) from the Collateral Custodian. The undersigned hereby acknowledges and agrees as follows: (1) Upon receipt of the Documents, the undersigned shall hold and retain possession of the Documents in trust for the benefit of the Collateral Agent, solely for the purposes provided in the Credit Agreement, unless the Collateral Asset related to the Documents has been liquidated or unless the Document (or asset related thereto) was disposed of by the related obligor; and (2) The undersigned represents that no Default, Event of Default, Unmatured Collateral Manager Termination Event or Collateral Manager Termination Event has occurred and is continuing, or if such has occurred and is continuing, the consent of the Administrative Agent has been obtained with respect to this request, unless the Collateral Asset related to the Documents has been liquidated or unless the Document (or asset related thereto) was disposed of by the related obligor. Date:

Note to Borrower. Complete a new row for each Borrowing being prepaid. Indicate: Requested Amount Indicate:Base Rate LoanorTerm SOFR Committed LoanorDaily SOFR Loan For Term SOFR Committed Loans Indicate: Interest Period (i.e., 1, 3 or 6 month interest period) EMPIRE STATE REALTY OP, L.P., a Delaware limited partnership By: Empire State Realty Trust, Inc., its general partner By: Name: [Type Signatory Name] Title: [Type Signatory Title] Reference is made to that certain Second Amended and Restated Credit Agreement, dated as of March 8, 2024 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the “Credit Agreement”), among Empire State Realty Trust, Inc., a Maryland corporation, Empire State Realty OP, L.P., a Delaware limited partnership (the “Borrower”), the Lenders from time to time party thereto, Bank of America, N.A., as Administrative Agent, and the L/C Issuers from time to time party thereto. Pursuant to the provisions of Section 3.01(f) of the Credit Agreement, the undersigned hereby certifies that (i) it is the sole record and beneficial owner of the Loan(s), and it is the sole beneficial owner of the portion of the Note(s) evidencing such Loan(s), in respect of which it is providing this certificate, (ii) it is not a bank within the meaning of Section 881(c)(3)(A) of the Code, (iii) it is not a ten percent shareholder of the Borrower within the meaning of Section 871(h)(3)(B) of the Code and (iv) it is not a controlled foreign corporation related to the Borrower as described in Section 881(c)(3)(C) of the Code. The undersigned has furnished the Administrative Agent and the Borrower with a certificate of its non-U.S. Person status on IRS Form W-8BEN-E (or W-8BEN, as applicable). By executing this certificate, the undersigned agrees that (1) if the information provided on this certificate changes, the undersigned shall promptly so inform the Borrower and the Administrative Agent, and (2) the undersigned shall have at all times furnished the Borrower and the Administrative Agent with a properly completed and currently effective certificate in either the calendar year in which each payment is to be made to the undersigned, or in either of the two calendar years preceding such payments. Unless otherwise defined herein, terms defined in the Credit Agreement and used herein shall have the meanings given to them in the Credit Agreement. [NAME OF ▇▇▇▇▇▇] By: _______________________ Name: [Type Signatory Name] Title: [Type Signat...

Note to Borrower. If one or more term loan tranches have been established, insert a separate chart for each such facility. Complete a new row for each Committed Borrowing being prepaid. 3 In the case of Alternative Currency Term Rate Loans denominated in Canadian Dollars, only 1 or 3 month interest period ERP OPERATING LIMITED PARTNERSHIP By: Equity Residential, its general partner By: Name: [Type Signatory Name] Title: [Type Signatory Title] For the calendar year ended ___________________1 Bank of America, N.A., as Administrative Agent for the Banks party to the Credit Agreement referred to below Ladies and Gentlemen: Reference is hereby made to that certain Revolving Credit Agreement dated as of October 26, 2022 (as the same may be amended, supplemented, restated or otherwise modified from time to time, the “Credit Agreement”, the terms defined therein being used herein as therein defined), among ERP Operating Limited Partnership (the “Borrower”), the banks party thereto, and Bank of America, N.A., as Administrative Agent. The undersigned Responsible Officer of the Borrower hereby certifies as of the date hereof that he/she is the of the Borrower, and that, as such, he/she is authorized to execute and deliver this Sustainability Certificate to the Administrative Agent on behalf of the Borrower, and that: 1. attached is a true and correct copy of the cover page and the summary page(s) setting forth the Sustainability Rating from the GRESB Benchmark Report for the most recently ended calendar year. 2. the Borrower’s Sustainability Rating is ____________________. 3. the Sustainability Rating Change for the most recently ended calendar year is __________________, calculated as follows: A. Current Sustainability Rating: B. Sustainability Rating for the immediately preceding calendar year: C. Change in Sustainability Ratings (Line A—Line B): D. Sustainability Rating Change (Line C ÷ Line B): % 4. the Borrower has satisfied the requirements for a Sustainability Adjustment and qualifies for a Sustainability Metrics Adjustment Amount of negative 0.01%, because the Sustainability Rating for the most recently ended calendar year either (i) reflects an improvement of at least two percent (2.0%), but less than four percent (4.0%), over the Sustainability Rating for the immediately preceding calendar year or (ii) is at least 90]. 1 the fiscal year most recently ended. [4. the Borrower has satisfied the requirements for a Sustainability Adjustment and qualifies for a Sustainability Metr...

Note to Borrower. For multiple borrowings, conversions and/or continuations for a particular facility, fill out a new row for each borrowing/conversion and/or continuation. Insert an additional chart for each Incremental Term Loan Facility added pursuant to Section 2.16 of the Agreement.

Note to Borrower. For multiple borrowings, conversions and/or continuations for a particular facility, fill out a new row for each borrowing/conversion and/or continuation. Insert an additional chart for each Incremental Term Loan Facility added pursuant to Section 2.16 of the Agreement. The Loans, if any, borrowed hereunder shall be disbursed to the following bank for credit by that bank to the following deposit account: ____________________ ____________________ ____________________ [The Borrowing, if any, requested herein complies with the proviso to the first sentence of Section 2.01[(a)/(b)] of the Agreement.

Note to Borrower. If an Incremental Term Loan Facility has been established, insert a separate chart for such facility.