ORIGINAL BORROWER Sample Clauses

ORIGINAL BORROWER. Pinehurst Associates, LLC, a Florida limited liability company By: /s/ Xxxxxx X. Xxxxxxxx Xxxxxx X. Xxxxxxxx, Manager Date: September 10, 2007 Address for Notice to Original Borrower: c/o Xxxxxx X. Xxxxxxxx 0000 XX 00 Xx Xxxxx, Xxxxxxx 00000 /s/ Xxxxx Xxxxx Witness /s/ Xxx Xxxxxxx Witness STATE OF FLORIDA ) ) ss. COUNTY OF MIAMI-DADE ) The foregoing instrument was acknowledged before me this 10th day of September, 2007, by Xxxxxx X. Xxxxxxxx, as Manager for Pinehurst Associates, LLC, a Florida limited liability company. /s/ Xxxxxxxxxxx Xxxxxxx (SEAL) Signature of Notary Public – State of Florida Multifamily - For Use with Electronic Mortgage Documents (8/13/2004) NEW BORROWER: KC Pinehurst Associates, LLC, a Delaware limited liability company By: JTL Asset Management, Inc., a Missouri corporation Its: Operating Member By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Its: President Tax identification number for New Borrower: 00-0000000 Address for Notice to New Borrower: 0000 Xxxx, Xxxxx 000 Xxxxxx Xxxx, Xxxxxxxx 00000 STATE OF MISSOURI ) ) ss. COUNTY OF Xxxxxxx ) On this 12 day of September in the year 2007, before me, a Notary Public in and for said state, personally appeared Xxxxx X. Xxxxxxx, the President of JTL Asset Management, Inc., a Missouri corporation, as Operating Member of KC Pinehurst Associates, LLC, a Delaware limited liability company, known to me to be the person who executed the within instrument in behalf of said limited liability company and acknowledged to me that he executed the same for the purposes therein stated. /s/ Xxxxxx XxXxxxxx Official Signature (SEAL) Official Seal ASSUMPTION AGREEMENT Page 10 Multifamily - For Use with Electronic Mortgage Documents (8/13/2004) CONSENTED TO BY NOTEHOLDER: FEDERAL HOME LOAN MORTGAGE CORPORATION By: /s/ Xx Xxxxxxxxxx Name: Xx Xxxxxxxxxx Title: Manager – Multifamily Portfolio Services Address for Notice to Noteholder: Federal Home Loan Mortgage Corporation 0000 Xxxxx Xxxxxx Drive, MS B-4F McLean, VA 22102 Attn: Director of Multifamily Portfolio Services COMMONWEALTH OF VIRGINIA ) ) ss. COUNTY OF Fairfax ) The foregoing instrument was acknowledged before me this September 11th , 2007, by Xx Xxxxxxxxxx, the Manager of P3 of Federal Home Loan Mortgage Corporation, on behalf of the corporation. /s/ Xxxxxx Xxxx (SEAL) Signature of Person Taking Acknowledgment Notary Public Title or Rank 368315 Serial Number, if any ASSUMPTION AGREEMENT Page 11 Multifamily - For Use with Electronic Mortgage Documents ...
AutoNDA by SimpleDocs
ORIGINAL BORROWER. S/ XXXXX X. XXXXXX Xxxxx X. Xxxxxx Chief Legal Officer BORROWER: /S/ XXXXX X. XXXXXX Xxxxx X. Xxxxxx Chief Legal Officer OPERATING LESSEE: Acknowledged and agreed to with respect to its obligations set forth in Articles 4, 5 and 6 hereof and Section 2.13(g): /S/ XXXXX X. XXXXXXXX Xxxxx X. Xxxxxxxx Chief Financial Officer EXHIBIT A Additional Definitions Initial Deferred Maintenance Amount $ 62,350 Initial Basic Carrying Cost Amount $ 481,086.91 Initial Ground Rents Amount $ 42,925 Initial Upfront Remediation Amount $ 1,237.50 EXHIBIT B Deferred Maintenance Individual Property Deferred Maintenance Crowne Plaza Xxxxxxx Hills, Los Angeles, CA None Radisson Ft. Worth, Ft. Worth, TX Follow-up study; repair and resurface deck around pool; repair rusted steel in fire pump room; repair all active leaks to hot and cold water distribution piping. SpringHill Suites Gaithersburg, Gaithersburg, MD None Courtyard Ft. Lauderdale, Ft. Lauderdale, FL ADA related issues. SpringHill Suites Centreville, Centerville, VA Seal coat asphalt pavement. EXHIBIT C Individual Properties and Allocated Loan Amounts Individual Property Allocated Loan Amount Crowne Plaza Xxxxxxx Hills, Los Angeles, CA $ 32,025,000 Radisson Ft. Worth, Ft. Worth, TX $ 24,050,000 SpringHill Suites Gaithersburg, Gaithersburg, MD $ 15,680,000 Courtyard Ft. Lauderdale, Ft. Lauderdale, FL $ 15,000,000 SpringHill Suites Centreville, Centerville, VA $ 9,150,000 EXHIBIT D Franchisors and Managers Individual Property Franchisor Manager Crowne Plaza Xxxxxxx Hills, Los Angeles, CA Holiday Hospitality Franchising, Inc. Remington Lodging & Hospitality LP Radisson Ft. Worth, Ft. Worth, TX Radisson Hotels International, Inc. Remington Lodging & Hospitality LP SpringHill Suites Gaithersburg, Gaithersburg, MD N/A Springhill SMC Corporation Courtyard Ft. Lauderdale, Ft. Lauderdale, FL N/A Courtyard Management Corporation SpringHill Suites Centreville, Centerville, VA N/A Springhill SMC Corporation EXHIBIT E Operating Budget for Closing Date through 12/31/2005 Attached following this page. EXHIBIT F FF&E FINANCING Crowne Plaza Xxxxxxx Hills, Los Angeles, CA
ORIGINAL BORROWER. Original Borrower represents and warrants to Lender, as of the date of this Assumption Agreement, that:
ORIGINAL BORROWER. New Borrower and Lender hereby acknowledge that the Cap Agreement (as defined in the Assignment of Rate Cap Agreement) has been novated pursuant to a Novation Confirmation dated on or about the Effective Date executed by SMBC Capital Markets, Inc., New Borrower and Original Borrower.
ORIGINAL BORROWER. WATERFORD PLACE APARTMENTS, LLC, a California limited liability company By: Xxxx Properties Management Company, Inc., a Delaware corporation, its manager By: /s/ Xxxxx X. Xxxxxxxx Xxxxx X. Xxxxxxxx Secretary By: /s/ Xxxxxx X. O’Dell Xxxxxx X. O’Dell Treasurer Address for Notice to Original Borrower: c/o X. X. Xxxx Co., Inc. 000 Xxxx Xxxxxx Xxxx Xxxxxx, Xxxxxxxxxx 00000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 14, 2009 before me, Xxxxxxxxx Xxxxxxxxx, Notary Public, DATE NAME, TITLE OF OFFICER- E.G. XXXX XXX, NOTARY PUBLIC personally appeared Xxxxx X. Xxxxxxxx, NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. [SEAL] /s/ Xxxxxxxxx Xxxxxxxxx Signature of Notary CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 14, 2009 before me, Xxxxxxxxx Xxxxxxxxx, Notary Public, DATE NAME, TITLE OF OFFICER- E.G. XXXX XXX, NOTARY PUBLIC personally appeared Xxxxxx X. O’Dell, NAME(S) OF SIGNER(S) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. [SEAL] /s/ Xxxxxxxxx Xxxxxxxxx Signature of Notary NEW BORROWER: BEHRINGER HARVARD WATERFORD PLACE REIT, LLC, a Delaware limited liability company By: Behringer Harvard Waterford Place Venture, LLC, a Delaware limited liability company, its manager By: Behringer Harvard Waterford Place, LLC, a Delaware limited liability company, its manager By: /s/ Xxxx X. Xxxxxxx Name: Xxxx X. Xxxxxxx Title: Chief Operating Officer Tax identification number for New Borrower: 00-0000000 Address for Notice to New Borrower: 00000 Xxxxxx Xxxxxxx, Xxxxx 000 Xxxxxxx, Xxxxx 00...
ORIGINAL BORROWER. PMZ-HARTFORD, L.L.C., a Delaware limited liability company By: /s/ Dxxxxxx X. Xxxxx Name: Dxxxxxx X. Xxxxx Title: Vice President The parties have executed and delivered this Agreement as of the day and year first above written.
AutoNDA by SimpleDocs
ORIGINAL BORROWER. JPG-TWO RIVERS, L.L.C., a Delaware limited liability company By: /s/ Jxxxx X. Xxxxxx Name: Jxxxx X. Xxxxxx, President The parties have executed and delivered this Agreement as of the day and year first above written.
ORIGINAL BORROWER. 19.17.1 Each Obligor (other than the Original Borrower) and the Ultimate Shareholder by its execution of this Agreement or a Deed of Borrower Accession or a Deed of Guarantor Accession irrevocably appoints the Original Borrower to act on its behalf as its agent in relation to the Finance Documents and irrevocably authorises (i) the Original Borrower on its behalf to supply all information concerning itself contemplated by this Agreement and to give all notices and instructions (including, in the case of a Borrower, Utilisation Notices) to execute on its behalf any Deed of Borrower Accession or Deed of Guarantor Accession and to make such agreements capable of being given or made by any Obligor notwithstanding that they may affect such Obligor or the Ultimate Shareholder (as the case may be), without further reference to or consent of such Obligor or the Ultimate Shareholder (as the case may be) and (ii) each Finance Party to give any notice, demand or other communication to such Obligor or the Ultimate Shareholder (as the case may be) pursuant to the Finance Documents to the Original Borrower on its behalf, and in each case such Obligor or the Ultimate Shareholder (as the case may be) shall be bound thereby as though such Obligor itself had given such notices and instructions (including, without limitation, any Utilisation Notices) or executed or made such agreements or receive any such notice, demand or other communication.
ORIGINAL BORROWER. Original Borrower is a duly organized, validly existing limited liability company in good standing under the laws of the State of Delaware and is qualified to transact business in the State of Missouri. ECM Mezzanine Holdings, LLC ("ECM MEZZANINE") is the sole member of Original Borrower. ECM Mezzanine, acting alone without the joinder of any other manager or member of Original Borrower or any other party, has the power and authority to execute this Agreement on behalf of and to duly bind Original Borrower under this Agreement. The execution and delivery of, and performance under, this Agreement by Original Borrower has been duly and properly authorized pursuant to all requisite company action and will not (i) violate any provision of any law, rule, regulation, order, writ, judgment, injunction, decree, determination or award presently in effect having applicability to Original Borrower or the certificate of formation, operating agreement, limited liability company agreement or any other organizational document of Original Borrower or (ii) result in a breach of or constitute or cause a default under any indenture, agreement, lease or instrument to which Original Borrower is a party or by which the Project may be bound or affected.
Time is Money Join Law Insider Premium to draft better contracts faster.