Permanent Financing. (NO. 1) ) PLC acting by its attorney ) in the presence of ) Witness's Signature: ................... Name: ................... Address: ................... SECOND ISSUER
Permanent Financing. The Mortgage Loan was not originated for the purpose of financing the construction of uncompleted improvements on the related Mortgaged Property.
Permanent Financing. The financing to (i) acquire Properties and to make Loans or other Permitted Investments; (ii) pay of any Acquisition Fees arising from any Permanent Financing; and (iii) refinance outstanding amounts on the Line of Credit. Permanent financing may be in addition to any borrowing under the Line of Credit.
Permanent Financing. (a) Holdings will, and will cause its Subsidiaries to, take all actions which, in the reasonable judgment of DLJSC, are necessary or desirable to obtain Permanent Financing as soon as practicable through (x) bank financing on terms usual and customary for similar financings and/or (y) through issuance of securities at such interest rates and other terms as are, in the reasonable opinion of DLJSC, prevailing for new issues of securities of comparable size and credit rating in the capital markets at the time such Permanent Financing is consummated and obtained in comparable transactions made on an arm's-length basis between unaffiliated parties; provided that, if in the reasonable judgment of DLJSC, equity securities of Holdings need to be provided for the consummation of Permanent Financing on the terms set forth above, the terms of the Permanent Financing shall provide for the issuance of such equity securities (which may include warrants to purchase such equity securities). The respective amounts to be financed through bank financing or through the issuance of securities shall be as determined by the Company, but shall be in an amount at least sufficient to repay or redeem the Notes in full in accordance with their terms. The Company hereby covenants and agrees that the proceeds from the Permanent Financing shall be used to the extent required to redeem in full the Notes in accordance with their terms.
Permanent Financing. Borrower shall at all times until the Debt is paid in full use commercially reasonable efforts to obtain permanent financing on a non-recourse basis (other than customary carve-outs to non-recourse provisions then generally being required by institutional permanent mortgage lenders) in the amount required to repay the First Mortgage and the Debt secured by this Mortgage (“Permanent Financing”). Upon request by Lender from time to time, Borrower will report the status of its efforts and the measures taken to obtain the Permanent Financing, recognizing that if the financing markets are in turmoil so that it is futile to attempt to obtain a commitment for the Permanent Financing, it shall be commercially reasonable for Borrower during such period that the financing markets are in turmoil to curtail its efforts including the tenacity and frequency with which it contacts lenders or solicits proposals for commitments from such lenders for the Permanent Financing.
Permanent Financing. Borrower agrees that in the event the Collateral Pool Property is released and either Borrower or purchaser does intend to use a Securitized Loan for the refinancing or acquisition financing, as applicable, then in such event, Borrower will assist in providing to Lender information as reasonably necessary for Lender to provide a quote for such permanent financing. If the material terms of the Securitized Loan are equal to or better than the terms being offered by another lender, Lender shall be entitled to refinance or acquisition finance, as applicable, the Collateral Pool Property. Notwithstanding anything in this Section 10.15 to the contrary, the portion of the Sponsor Borrower Loan owed by Borrower has been provided to the Borrower with the expectation that the Collateral Pool Property will either be refinanced or acquisition financed with a Securitized Loan.
Permanent Financing. (a) The Company will take all actions which, in the reasonable judgment of the Company and the Purchaser, are necessary or desirable to obtain Permanent Financing as soon as practicable through issuance of securities at such interest or dividend rates and terms as are then prevailing for new issues of securities of comparable size and credit rating in the United States capital markets. The amounts to be financed by the Permanent Financing shall be as determined by the Company, but shall be in an amount at least sufficient to repay or redeem the Notes in full in accordance with their terms. The Company hereby covenants and agrees that the Net Cash Proceeds from the Permanent Financing shall be used, to the extent required, to redeem in full the Notes in accordance with their terms.
Permanent Financing. (a) The Company will, and will cause each Credit Party to, take all the actions which, in the reasonable judgment of DLJSC, are necessary or desirable to obtain Permanent Financing as soon as practicable through issuance of securities at such interest rates and other terms as are, in the reasonable opinion of DLJSC, prevailing for new issues of securities of comparable size and credit rating in the capital markets at the time such Permanent Financing is consummated and obtained in comparable transactions made on an arm's length basis between unaffiliated parties. The amount to be financed shall be in an amount at least sufficient to repay or redeem the Notes in full in accordance with their terms. The Company hereby covenants and agrees that the proceeds from the Permanent Financing shall be used to the extent required to redeem in full the Notes in accordance with their terms.
Permanent Financing. UNTIL THE DISCHARGE OF THE NOTE LIABILITIES, EACH LOAN PARTY WILL TAKE ALL ACTIONS REQUIRED OF IT, OR CONTEMPLATED TO BE TAKEN BY IT, UNDER THE ENGAGEMENT LETTERS.
Permanent Financing. 30 Section 6.12
