Common use of Prohibited Institution Clause in Contracts

Prohibited Institution. Any institution designated by the Borrower as a "prohibited institution" in a side letter delivered to the Agent; provided, however, that: (i) no more than five (5) institutions may be listed at any one time as a "prohibited institution", (ii) such prohibited institution may only be an institution at which the Servicer or its Affiliates maintains a bank account, (iii) institutions that the Agent has contacted prior to the Second Restatement Date in connection with the syndication of this Agreement may not be designated as a "prohibited institution", (iv) no existing Lender, including Gotham Funding Corporation as a Conduit Lender and each of BTM Capital Corporation and The Bank of Tokyo-Mitsubishi, Ltd., as its Credit Support Party may be a Prohibited Institution and (v) designations may only be made prospectively.

Prohibited Institution. Any institution designated by the Borrower as a "“prohibited institution" ” in a side letter delivered to the Agent; provided, however, that: (i) no more than five (5) institutions may be listed at any one time as a "“prohibited institution"”, (ii) such prohibited institution may only be an institution at which the Servicer or its Affiliates maintains a bank account, (iii) institutions that the Agent has contacted prior to the Second Restatement Closing Date in connection with the syndication of this Agreement may not be designated as a "“prohibited institution"”, (iv) no existing Lender, including Gotham Funding Corporation as a Conduit Lender and each of BTM Capital Corporation and The Bank of Tokyo-Mitsubishi, Ltd., as its Credit Support Party may be a Prohibited Institution and (v) designations may only be made prospectively.