Common use of Release of Individual Properties Clause in Contracts

Release of Individual Properties. Subject to satisfaction of each of the conditions set forth below with respect to any Individual Property or Individual Properties (collectively, the “General Release Conditions”), Lender shall (i) release such Individual Property or Individual Properties (a “Release” and each Individual Property subject to a Release, a “Release Property”) from the Lien of the applicable Security Instrument and related Loan Documents (or to the extent so requested by Borrower, assign the Lien of the applicable Security Instrument to a new lender without representation, warranty or recourse) (each release under this Section 2.3.4 or Section 2.3.5, a “Property Release”), (ii) authorize a reduction in the notional amounts of the Interest Rate Protection Agreements in proportion to the reduction of the Principal Amount (which may be pro rata to the notional amounts thereof or otherwise as reasonably determined by Borrower), (iii) instruct the Cash Management Bank to return to Borrower any Excess Account Collateral subject to and in accordance with Section 2.3.7 except to the extent otherwise provided in such Section, (iv) comply with Section 2.3.8 with regard to adjusting the ongoing reserve requirements hereunder, (v) authorize a reduction in the Master Lease Base Rent in an amount, which shall equal the product of (x) the initial Master Lease Base Rent multiplied by (y) a fraction, the numerator of which is the Combined Allocated Loan Amount for the Release Property, and the denominator of which is the original Combined Principal Amount, and (vi) require Borrower to enter into an amendment to the Master Lease with Master Lessee (A) to effect such authorized reduction in the Master Lease Base Rent, (B) to cause such Release Property to be released from the Master Lease, (C) to terminate the Master Lease with respect to such Release Property as of the date that such Release Property is released from the Lien of the applicable Security Instrument and related Loan Documents, (D) to amend the legal description of the “Leased Property” (as defined in the Master Lease) to delete the Release Property, and (E) make such other amendments consistent with the release of the Release Property from the Leased Property.

Appears in 2 contracts

Samples: Loan and Security Agreement (Station Casinos Inc), Loan and Security Agreement (Station Casinos Inc)

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Release of Individual Properties. Subject In the event Mortgage Borrower requests the release of any Individual Property or Properties from the Lien under the Loan Documents (Mortgage) or to otherwise convey such Individual Property or Properties to another Person, subject to satisfaction of each of the conditions set forth below with respect to any Individual Property or Individual Properties (collectivelybelow, the “General Release Conditions”), Mezzanine Lender shall consent to such release and conveyance and authorize (i) Mortgage Borrower to effect the release of such Individual Property or Individual Properties (a “Release” and each Individual Property subject to a Release, a “Release Property”) from the Lien of the applicable Security Instrument and related Loan Documents (Mortgage) (or to the extent so requested by Mezzanine Borrower, assign the Lien of the applicable Security Instrument to a new lender without representation, warranty or recourse) and to concurrently therewith convey the Release Property to a Person other than Mortgage Borrower, Mezzanine Borrower, Senior Mezzanine Borrower, or any SPE Entity (each release and conveyance under this Section 2.3.4 or Section 2.3.5, a “Property Release”), (ii) authorize a reduction in the notional amounts of the Interest Rate Protection Agreements Agreement, the Interest Rate Cap Agreement (Second Mezzanine), and/or the interest rate cap agreements required pursuant to the Junior Mezzanine Loan Documents, all in proportion to the reduction of the Principal Amount (which may be pro rata to the notional principal amounts thereof or otherwise as reasonably determined by Borrowerrequired under the Loan Documents (Mortgage), Senior Mezzanine Loan Documents, Mezzanine Loan Documents, and Junior Mezzanine Loan Documents, as applicable, (iii) instruct the Cash Management Bank (Mortgage) to return to Mortgage Borrower any Excess Account Collateral subject to and in accordance with Section 2.3.7 of the Loan Agreement (Mortgage) except to the extent otherwise provided in such Section, (iv) Mortgage Borrower to comply with Section 2.3.8 of the Loan Agreement (Mortgage) with regard to adjusting the ongoing reserve requirements hereunderthereunder, and (v) authorize a reduction in the Master Lease Base Rent in an amount, which shall equal the product of (x) the initial Master Lease Base Rent multiplied by (y) a fraction, the numerator of which is the Combined Allocated Loan Amount for the Release Property, and the denominator of which is the original Combined Principal Amount, and (vi) require Mezzanine Borrower to cause Mortgage Borrower to enter into an amendment to the Master Lease with Master Lessee (A) to effect such authorized reduction in the Master Lease Base Rent, (B) to cause such Release Property to be released from the Master Lease, (C) to terminate the Master Lease with respect to such Release Property as of the date that such Release Property is released from the Lien of the applicable Security Instrument and related Loan DocumentsDocuments (Mortgage), (D) to amend the legal description of the “Leased Property” (as defined in the Master Lease) to delete the Release Property, and (E) make such other amendments consistent with the release of the Release Property from the Leased Property.:

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Release of Individual Properties. Subject In the event Mortgage Borrower requests the release of any Individual Property or Properties from the Lien under the Loan Documents (Mortgage) or to otherwise convey such Individual Property or Properties to another Person, subject to satisfaction of each of the conditions set forth below with respect to any Individual Property or Individual Properties (collectivelybelow, the “General Release Conditions”), Mezzanine Lender shall consent to such release and conveyance and authorize (i) Mortgage Borrower to effect the release of such Individual Property or Individual Properties (a “Release” and each Individual Property subject to a Release, a “Release Property”) from the Lien of the applicable Security Instrument and related Loan Documents (Mortgage) (or to the extent so requested by Mezzanine Borrower, assign the Lien of the applicable Security Instrument to a new lender without representation, warranty or recourse) and to concurrently therewith convey the Release Property to a Person other than Mortgage Borrower, Mezzanine Borrower, any Senior Mezzanine Borrower, or any other SPE Entity (each release and conveyance under this Section 2.3.4 or Section 2.3.5, a “Property Release”), (ii) authorize a reduction in the notional amounts of the Interest Rate Protection Agreements Agreement, the Interest Rate Cap Agreement (Third Mezzanine), and/or the interest rate cap agreements required pursuant to the Junior Mezzanine Loan Documents, all in proportion to the reduction of the Principal Amount (which may be pro rata to the notional principal amounts thereof or otherwise as reasonably determined by Borrowerrequired under the Loan Documents (Mortgage), Senior Mezzanine Loan Documents, Mezzanine Loan Documents, and Junior Mezzanine Loan Documents, as applicable, (iii) instruct the Cash Management Bank (Mortgage) to return to Mortgage Borrower any Excess Account Collateral subject to and in accordance with Section 2.3.7 of the Loan Agreement (Mortgage) except to the extent otherwise provided in such Section, (iv) Mortgage Borrower to comply with Section 2.3.8 of the Loan Agreement (Mortgage) with regard to adjusting the ongoing reserve requirements hereunderthereunder, and (v) authorize a reduction in the Master Lease Base Rent in an amount, which shall equal the product of (x) the initial Master Lease Base Rent multiplied by (y) a fraction, the numerator of which is the Combined Allocated Loan Amount for the Release Property, and the denominator of which is the original Combined Principal Amount, and (vi) require Mezzanine Borrower to cause Mortgage Borrower to enter into an amendment to the Master Lease with Master Lessee (A) to effect such authorized reduction in the Master Lease Base Rent, (B) to cause such Release Property to be released from the Master Lease, (C) to terminate the Master Lease with respect to such Release Property as of the date that such Release Property is released from the Lien of the applicable Security Instrument and related Loan DocumentsDocuments (Mortgage), (D) to amend the legal description of the “Leased Property” (as defined in the Master Lease) to delete the Release Property, and (E) make such other amendments consistent with the release of the Release Property from the Leased Property.:

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Release of Individual Properties. Subject Borrower -------------------------------- on one or more occasions may obtain (i) the individual release of an Individual Property from the lien of the Mortgage thereon (and related Loan Documents) and (ii) the release of Borrower's obligations under the Loan Documents with respect to such Individual Property (other than those expressly stated to survive including those set forth in the Hazardous Materials Indemnity Agreement), upon satisfaction of each of the conditions set forth below with respect to any following conditions: (i) The principal balance of the Defeased Note shall equal or exceed the Adjusted Release Amount for the applicable Individual Property; provided, however, if the outstanding principal balance of the Undefeased Note is less than the Adjusted Release Amount for the Individual Property or Individual Properties (collectivelyto be released, the “General Release Conditions”Defeased Note shall be in an amount equal to the outstanding principal balance of the Undefeased Note. (ii) The requirements of Section 2.4 (including Section 2.4(b)(viii)) have been satisfied. (iii) Lender shall have received (A) a copy of a deed conveying all of Borrower's right, title and interest in and to the Individual Property (x) to an entity other than Borrower or its general partner or managing member (as applicable) in an arms' length transaction or (y) to the REIT or the Operating Partnership and (B) a letter from Borrower countersigned by a title insurance company acknowledging receipt of such deed and agreeing to record such deed in the real estate records for the county in which the Individual Property is located. In the event the Individual Property is to be conveyed to the REIT or the Operating Partnership, Lender shall also have received (a) a copy of a fully executed contract of sale between the REIT or the Operating Partnership, as applicable, and an entity other than Borrower or a Borrower Party for the sale of the Individual Property in an arms' length transaction, which contract of sale (i) release at the time of release, is not subject to any contingencies, except for the payment of the purchase price by the purchaser and the delivery of title by the REIT or the Operating Partnership, as applicable and (ii) contains a closing date which is not more than thirty (30) days following the date of the proposed substitution and (b) evidence that any good-faith deposit required under such contract of sale has been deposited into escrow. (iv) Borrower shall submit to Lender, not less than thirty (30) days prior to the date of such release, an instrument releasing the lien (and related Loan Documents) for such Individual Property or Individual Properties (for execution by Lender. Such release shall be in a “Release” and form appropriate in each jurisdiction in which the Individual Property subject is located and satisfactory to a ReleaseLender in its sole discretion. In addition, a “Release Property”Borrower shall provide all other documentation Lender reasonably requires to be delivered by Borrower in connection with such release, together with an Officer's Certificate certifying that such documentation (i) from the Lien of the applicable Security Instrument and related Loan Documents (or to the extent so requested by Borrower, assign the Lien of the applicable Security Instrument to a new lender without representation, warranty or recourse) (each release under this Section 2.3.4 or Section 2.3.5, a “Property Release”)is in compliance with all Legal Requirements, (ii) authorize a reduction will effect such release in accordance with the notional amounts terms of the Interest Rate Protection Agreements in proportion to the reduction of the Principal Amount (which may be pro rata to the notional amounts thereof or otherwise as reasonably determined by Borrower)this Agreement, and (iii) instruct will not impair or otherwise adversely affect the Cash Management Bank liens, security interests and other rights of Lender under the Loan Documents not being released (or as to return the parties to Borrower any Excess Account Collateral the Loan Documents and Properties subject to and in accordance with Section 2.3.7 except to the extent otherwise provided in such Section, (iv) comply with Section 2.3.8 with regard to adjusting the ongoing reserve requirements hereunder, Loan Documents not being released). (v) authorize a reduction in After giving effect to such release, the Master Lease Base Rent in an amount, which Debt Service Coverage Ratio for all of the Properties then remaining subject to the liens of the Mortgages shall be equal to the product greater of (xi) the initial Master Lease Base Rent multiplied by (y) a fraction, the numerator of which is the Combined Allocated Loan Amount Debt Service Coverage Ratio for the Release Property, and twelve (12) full calendar months immediately preceding the denominator of which is the original Combined Principal AmountClosing Date, and (viii) require Borrower to enter into an amendment to the Master Lease with Master Lessee Debt Service Coverage Ratio for all of the then remaining Properties (A) to effect such authorized reduction in including the Master Lease Base Rent, (B) to cause such Release Individual Property to be released from released) for the Master Lease, twelve (C12) to terminate the Master Lease with respect to such Release Property as of the date that such Release Property is released from the Lien of the applicable Security Instrument and related Loan Documents, (D) to amend the legal description of the “Leased Property” (as defined in the Master Lease) to delete the Release Property, and (E) make such other amendments consistent with full calendar months immediately preceding the release of the Release Property from the Leased Individual Property.. (c)

Appears in 1 contract

Samples: Loan Agreement (Winston Hotels Inc)

Release of Individual Properties. Subject In the event Mortgage Borrower requests the release of any Individual Property or Properties from the Lien under the Loan Documents (Mortgage) or to otherwise convey such Individual Property or Properties to another Person, subject to satisfaction of each of the conditions set forth below with respect to any Individual Property or Individual Properties (collectivelybelow, the “General Release Conditions”), Mezzanine Lender shall consent to such release and conveyance and authorize (i) Mortgage Borrower to effect the release of such Individual Property or Individual Properties (a “Release” and each Individual Property subject to a Release, a “Release Property”) from the Lien of the applicable Security Instrument and related Loan Documents (Mortgage) (or to the extent so requested by Mezzanine Borrower, assign the Lien of the applicable Security Instrument to a new lender without representation, warranty or recourse) and to concurrently therewith convey the Release Property to a Person other than Mortgage Borrower, Mezzanine Borrower, any Senior Mezzanine Borrower, or any SPE Entity (each release and conveyance under this Section 2.3.4 or Section 2.3.5, a “Property Release”), (ii) authorize a reduction in the notional amounts of the Interest Rate Protection Agreements Agreement, the Interest Rate Cap Agreement (Third Mezzanine), and/or the interest rate cap agreements required pursuant to the Junior Mezzanine Loan Documents, all in proportion to the reduction of the Principal Amount (which may be pro rata to the notional principal amounts thereof or otherwise as reasonably determined by Borrowerrequired under the Loan Documents (Mortgage), Senior Mezzanine Loan Documents, Mezzanine Loan Documents, and Junior Mezzanine Loan Documents, as applicable, (iii) instruct the Cash Management Bank (Mortgage) to return to Mortgage Borrower any Excess Account Collateral subject to and in accordance with Section 2.3.7 of the Loan Agreement (Mortgage) except to the extent otherwise provided in such Section, (iv) Mortgage Borrower to comply with Section 2.3.8 of the Loan Agreement (Mortgage) with regard to adjusting the ongoing reserve requirements hereunderthereunder, and (v) authorize a reduction in the Master Lease Base Rent in an amount, which shall equal the product of (x) the initial Master Lease Base Rent multiplied by (y) a fraction, the numerator of which is the Combined Allocated Loan Amount for the Release Property, and the denominator of which is the original Combined Principal Amount, and (vi) require Mezzanine Borrower to cause Mortgage Borrower to enter into an amendment to the Master Lease with Master Lessee (A) to effect such authorized reduction in the Master Lease Base Rent, (B) to cause such Release Property to be released from the Master Lease, (C) to terminate the Master Lease with respect to such Release Property as of the date that such Release Property is released from the Lien of the applicable Security Instrument and related Loan DocumentsDocuments (Mortgage), (D) to amend the legal description of the “Leased Property” (as defined in the Master Lease) to delete the Release Property, and (E) make such other amendments consistent with the release of the Release Property from the Leased Property.:

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Release of Individual Properties. Subject In the event Mortgage Borrower requests the release of any Individual Property or Properties from the Lien under the Loan Documents (Mortgage) or to otherwise convey such Individual Property or Properties to another Person, subject to satisfaction of each of the conditions set forth below with respect to any Individual Property or Individual Properties (collectivelybelow, the “General Release Conditions”), Mezzanine Lender shall consent to such release and conveyance and authorize (i) Mortgage Borrower to effect the release of such Individual Property or Individual Properties (a “Release” and each Individual Property subject to a Release, a “Release Property”) from the Lien of the applicable Security Instrument and related Loan Documents (Mortgage) (or to the extent so requested by Mezzanine Borrower, assign the Lien of the applicable Security Instrument to a new lender without representation, warranty or recourse) and to concurrently therewith convey the Release Property to a Person other than Mortgage Borrower, Mezzanine Borrower, any Senior Mezzanine Borrower, or any other SPE Entity (each release and conveyance under this Section 2.3.4 or Section 2.3.5, a “Property Release”), (ii) authorize a reduction in the notional amounts of the Interest Rate Protection Agreements Agreement, the Interest Rate Cap Agreement (Fourth Mezzanine), and/or the interest rate cap agreements required pursuant to the Junior Mezzanine Loan Documents, all in proportion to the reduction of the Principal Amount (which may be pro rata to the notional principal amounts thereof or otherwise as reasonably determined by Borrowerrequired under the Loan Documents (Mortgage), Senior Mezzanine Loan Documents, Mezzanine Loan Documents, and Junior Mezzanine Loan Documents, as applicable, (iii) instruct the Cash Management Bank (Mortgage) to return to Mortgage Borrower any Excess Account Collateral subject to and in accordance with Section 2.3.7 of the Loan Agreement (Mortgage) except to the extent otherwise provided in such Section, (iv) Mortgage Borrower to comply with Section 2.3.8 of the Loan Agreement (Mortgage) with regard to adjusting the ongoing reserve requirements hereunderthereunder, and (v) authorize a reduction in the Master Lease Base Rent in an amount, which shall equal the product of (x) the initial Master Lease Base Rent multiplied by (y) a fraction, the numerator of which is the Combined Allocated Loan Amount for the Release Property, and the denominator of which is the original Combined Principal Amount, and (vi) require Mezzanine Borrower to cause Mortgage Borrower to enter into an amendment to the Master Lease with Master Lessee (A) to effect such authorized reduction in the Master Lease Base Rent, (B) to cause such Release Property to be released from the Master Lease, (C) to terminate the Master Lease with respect to such Release Property as of the date that such Release Property is released from the Lien of the applicable Security Instrument and related Loan DocumentsDocuments (Mortgage), (D) to amend the legal description of the “Leased Property” (as defined in the Master Lease) to delete the Release Property, and (E) make such other amendments consistent with the release of the Release Property from the Leased Property.:

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Station Casinos Inc)

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Release of Individual Properties. Subject In the event Mortgage Borrower requests the release of any Individual Property or Properties from the Lien under the Loan Documents (Mortgage) or to otherwise convey such Individual Property or Properties to another Person, subject to satisfaction of each of the conditions set forth below with respect to any Individual Property or Individual Properties (collectivelybelow, the “General Release Conditions”), Mezzanine Lender shall consent to such release and conveyance and authorize (i) Mortgage Borrower to effect the release of such Individual Property or Individual Properties (a “Release” and each Individual Property subject to a Release, a “Release Property”) from the Lien of the applicable Security Instrument and related Loan Documents (Mortgage) (or to the extent so requested by Mezzanine Borrower, assign the Lien of the applicable Security Instrument to a new lender without representation, warranty or recourse) and to concurrently therewith convey the Release Property to a Person other than Mortgage Borrower, Mezzanine Borrower, or any other SPE Entity (each release and conveyance under this Section 2.3.4 or Section 2.3.5, a “Property Release”), (ii) authorize a reduction in the notional amounts of the Interest Rate Protection Agreements Agreement, the Interest Rate Cap Agreement (First Mezzanine), and/or the interest rate cap agreements required pursuant to the Junior Mezzanine Loan Documents, all in proportion to the reduction of the Principal Amount (which may be pro rata to the notional principal amounts thereof or otherwise as reasonably determined by Borrowerrequired under the Loan Documents (Mortgage), Mezzanine Loan Documents, and Junior Mezzanine Loan Documents, as applicable, (iii) instruct the Cash Management Bank (Mortgage) to return to Mortgage Borrower any Excess Account Collateral subject to and in accordance with Section 2.3.7 of the Loan Agreement (Mortgage) except to the extent otherwise provided in such Section, (iv) Mortgage Borrower to comply with Section 2.3.8 of the Loan Agreement (Mortgage) with regard to adjusting the ongoing reserve requirements hereunderthereunder, and (v) authorize a reduction in the Master Lease Base Rent in an amount, which shall equal the product of (x) the initial Master Lease Base Rent multiplied by (y) a fraction, the numerator of which is the Combined Allocated Loan Amount for the Release Property, and the denominator of which is the original Combined Principal Amount, and (vi) require Mezzanine Borrower to cause Mortgage Borrower to enter into an amendment to the Master Lease with Master Lessee (A) to effect such authorized reduction in the Master Lease Base Rent, (B) to cause such Release Property to be released from the Master Lease, (C) to terminate the Master Lease with respect to such Release Property as of the date that such Release Property is released from the Lien of the applicable Security Instrument and related Loan DocumentsDocuments (Mortgage), (D) to amend the legal description of the “Leased Property” (as defined in the Master Lease) to delete the Release Property, and (E) make such other amendments consistent with the release of the Release Property from the Leased Property.:

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Release of Individual Properties. Subject In the event Mortgage Borrower requests the release of any Individual Property or Properties from the Lien under the Loan Documents (Mortgage) or to otherwise convey such Individual Property or Properties to another Person, subject to satisfaction of each of the conditions set forth below with respect to any Individual Property or Individual Properties (collectivelybelow, the “General Release Conditions”), Mezzanine Lender shall consent to such release and conveyance and authorize (i) Mortgage Borrower to effect the release of such Individual Property or Individual Properties (a “Release” and each Individual Property subject to a Release, a “Release Property”) from the Lien of the applicable Security Instrument and related Loan Documents (Mortgage) (or to the extent so requested by Mezzanine Borrower, assign the Lien of the applicable Security Instrument to a new lender without representation, warranty or recourse) and to concurrently therewith convey the Release Property to a Person other than Mortgage Borrower, Mezzanine Borrower, Senior Mezzanine Borrower, or any other SPE Entity (each release and conveyance under this Section 2.3.4 or Section 2.3.5, a “Property Release”), (ii) authorize a reduction in the notional amounts of the Interest Rate Protection Agreements Agreement, the Interest Rate Cap Agreement (Second Mezzanine), and/or the interest rate cap agreements required pursuant to the Junior Mezzanine Loan Documents, all in proportion to the reduction of the Principal Amount (which may be pro rata to the notional principal amounts thereof or otherwise as reasonably determined by Borrowerrequired under the Loan Documents (Mortgage), Senior Mezzanine Loan Documents, Mezzanine Loan Documents, and Junior Mezzanine Loan Documents, as applicable, (iii) instruct the Cash Management Bank (Mortgage) to return to Mortgage Borrower any Excess Account Collateral subject to and in accordance with Section 2.3.7 of the Loan Agreement (Mortgage) except to the extent otherwise provided in such Section, (iv) Mortgage Borrower to comply with Section 2.3.8 of the Loan Agreement (Mortgage) with regard to adjusting the ongoing reserve requirements hereunderthereunder, and (v) authorize a reduction in the Master Lease Base Rent in an amount, which shall equal the product of (x) the initial Master Lease Base Rent multiplied by (y) a fraction, the numerator of which is the Combined Allocated Loan Amount for the Release Property, and the denominator of which is the original Combined Principal Amount, and (vi) require Mezzanine Borrower to cause Mortgage Borrower to enter into an amendment to the Master Lease with Master Lessee (A) to effect such authorized reduction in the Master Lease Base Rent, (B) to cause such Release Property to be released from the Master Lease, (C) to terminate the Master Lease with respect to such Release Property as of the date that such Release Property is released from the Lien of the applicable Security Instrument and related Loan DocumentsDocuments (Mortgage), (D) to amend the legal description of the “Leased Property” (as defined in the Master Lease) to delete the Release Property, and (E) make such other amendments consistent with the release of the Release Property from the Leased Property.:

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Release of Individual Properties. Subject In the event Mortgage Borrower requests the release of any Individual Property or Properties from the Lien under the Loan Documents (Mortgage) or to otherwise convey such Individual Property or Properties to another Person, subject to satisfaction of each of the conditions set forth below with respect to any Individual Property or Individual Properties (collectivelybelow, the “General Release Conditions”), Mezzanine Lender shall consent to such release and conveyance and authorize (i) Mortgage Borrower to effect the release of such Individual Property or Individual Properties (a “Release” and each Individual Property subject to a Release, a “Release Property”) from the Lien of the applicable Security Instrument and related Loan Documents (Mortgage) (or to the extent so requested by Mezzanine Borrower, assign the Lien of the applicable Security Instrument to a new lender without representation, warranty or recourse) and to concurrently therewith convey the Release Property to a Person other than Mortgage Borrower, Mezzanine Borrower, or any SPE Entity (each release and conveyance under this Section 2.3.4 or Section 2.3.5, a “Property Release”), (ii) authorize a reduction in the notional amounts of the Interest Rate Protection Agreements Agreement, the Interest Rate Cap Agreement (First Mezzanine), and/or the interest rate cap agreements required pursuant to the Junior Mezzanine Loan Documents, all in proportion to the reduction of the Principal Amount (which may be pro rata to the notional principal amounts thereof or otherwise as reasonably determined by Borrowerrequired under the Loan Documents (Mortgage), Mezzanine Loan Documents, and Junior Mezzanine Loan Documents, as applicable, (iii) instruct the Cash Management Bank (Mortgage) to return to Mortgage Borrower any Excess Account Collateral subject to and in accordance with Section 2.3.7 of the Loan Agreement (Mortgage) except to the extent otherwise provided in such Section, (iv) Mortgage Borrower to comply with Section 2.3.8 of the Loan Agreement (Mortgage) with regard to adjusting the ongoing reserve requirements hereunderthereunder, and (v) authorize a reduction in the Master Lease Base Rent in an amount, which shall equal the product of (x) the initial Master Lease Base Rent multiplied by (y) a fraction, the numerator of which is the Combined Allocated Loan Amount for the Release Property, and the denominator of which is the original Combined Principal Amount, and (vi) require Mezzanine Borrower to cause Mortgage Borrower to enter into an amendment to the Master Lease with Master Lessee (A) to effect such authorized reduction in the Master Lease Base Rent, (B) to cause such Release Property to be released from the Master Lease, (C) to terminate the Master Lease with respect to such Release Property as of the date that such Release Property is released from the Lien of the applicable Security Instrument and related Loan DocumentsDocuments (Mortgage), (D) to amend the legal description of the “Leased Property” (as defined in the Master Lease) to delete the Release Property, and (E) make such other amendments consistent with the release of the Release Property from the Leased Property.:

Appears in 1 contract

Samples: Mezzanine Loan and Security Agreement (Station Casinos Inc)

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