Common use of Supplemental Loan Clause in Contracts

Supplemental Loan. After the First Anniversary, Borrower may participate in the ▇▇▇▇▇▇ ▇▇▇ Supplemental Loan product if the Supplemental Loan product is offered by ▇▇▇▇▇▇ Mae at the time. Any such Supplemental Loan is subject to Lender’s determination that, as a result of its annual valuation of the Collateral Pool, a Supplemental Loan may be made pursuant to Lender’s Underwriting Requirements for Loans which meet the Coverage and LTV Tests. The Supplemental Loan will be documented with loan documents similar to the Loan Documents (“Supplemental Loan Documents”). Supplemental Loans will not be loans advanced under this Agreement. Any Supplemental Loan will be priced at market at the time of the loan and will be cross-defaulted with the Term Loan. To secure the obligations of Borrower under the Supplemental Loan Documents, Borrower shall grant, convey and assign to Lender a second Lien on each Mortgaged Property in the Collateral Pool and on any other collateral pledged to Lender from time to time pursuant to the Supplemental Loan Documents. On the closing date of the Supplemental Loan, Lender shall determine the portion of the Supplemental Loan allocated to a particular Mortgaged Property by Lender (the “Supplemental Allocable Loan Amount”), which Supplemental Allocable Loan Amounts shall be set forth in a separate exhibit to this Agreement. Lender shall redetermine the Supplemental Allocable Loan Amounts in the same manner and at the same time as the redetermination of the Allocable Loan Amounts pursuant to Section 2.01(b). In the event of a Supplemental Loan, Borrower shall pay the Supplemental Loan Fee on the date of the closing of such Supplemental Loan. Notwithstanding the foregoing, the Supplemental Loan shall be monitored pursuant to Section 2.01 of this Agreement and Lender shall include the Supplemental Loan upon calculating the Coverage and LTV Tests, Aggregate Debt Service Coverage Ratio and Aggregate Loan to Value Ratio, in connection with any Request.

Supplemental Loan. After the First Anniversary, Borrower may participate in the ▇▇▇▇▇▇ ▇▇▇ Supplemental Loan product if the Supplemental Loan product is offered by ▇▇▇▇▇▇ Mae at the time. Any such Supplemental Loan is subject to Lender’s determination that, as a result of its annual valuation of the Collateral Pool, a Supplemental Loan may be made pursuant to Lender’s Underwriting Requirements for Loans loans which meet the Coverage and LTV Tests. The Supplemental Loan will be documented with loan documents similar to the Loan Documents (“Supplemental Loan Documents”). Supplemental Loans will not be loans Advances advanced under this Agreement. Any Supplemental Loan will be priced at market at the time of the loan and will be cross-defaulted with the Term LoanAdvances made hereunder. To secure the obligations of Borrower under the Supplemental Loan Documents, Borrower shall grant, convey and assign to Lender a second Lien on each Mortgaged Property in the Collateral Pool and on any other collateral pledged to Lender from time to time pursuant to the Supplemental Loan Documents. On the closing date of the Supplemental Loan, Lender shall determine the portion of the Supplemental Loan allocated to a particular Mortgaged Property by Lender (the “Supplemental Allocable Loan Amount”), which Supplemental Allocable Loan Amounts shall be set forth in a separate exhibit to this Agreement. Lender shall redetermine the Supplemental Allocable Loan Amounts in the same manner and at the same time as the redetermination of the Allocable Loan Facility Amounts pursuant to Section 2.01(b2.04(b). In the event of a Supplemental Loan, Borrower shall pay the Supplemental Loan Fee on the date of the closing of such Supplemental Loan. Notwithstanding the foregoing, the Supplemental Loan shall be monitored pursuant to Section 2.01 2.04 of this Agreement and Lender shall include the Supplemental Loan upon calculating the Coverage and LTV Tests, Aggregate Debt Service Coverage Ratio and Aggregate Loan to Value Ratio, in connection with any Request.. Borrower agrees to pay any fees (including legal fees) that may be charged in connection with a Supplemental Loans. Colonial/ Grandbridge — Master Credit Facility Agreement

Supplemental Loan. After Notwithstanding Section 5.01, and provided no Event of Default shall then exist under the First AnniversaryLoan, Lender agrees, upon fifteen (15) days written notice from Borrower may participate to Lender that Borrower is about to consummate a supplemental loan secured by the Property (a “Supplemental Loan”), such Supplemental Loan shall be permitted if each of the following conditions have been satisfied: (a) the lender providing a Supplemental Loan (the “Supplemental Lender”) is an insurance company, a bank, or other financial institution, unrelated to Borrower, with assets in excess of One Billion Dollars ($1,000,000,000.00) or other financial institution reasonably acceptable to Lender; (b) the ▇▇Debt Service Coverage Ratio (defined below) is at least 1.20 to 1.00 for the preceding twelve (12) month period and Lender receives satisfactory evidence that Debt Service Coverage Ratio of at least 1.20 to 1.00, taking into account the Supplemental Loan for which Borrower is seeking Lender’s consent, will be maintained for the next succeeding twelve (12) months; Prudential Loan No. 7061xxxxx ▇▇▇▇ ▇▇▇ Building Supplemental Loan product if Mortgage and Security Agreement (c) taking into account the Supplemental Loan, the Loan to Value Ratio (defined below) does not exceed fifty-five percent (55 %), and the amount of such Supplemental Loan, when combined with the outstanding principal balance of the Loan, does not exceed Ninety Million Dollars ($90,000,000.00); (d) Borrower shall pay to Lender at the time the Supplemental Loan product is offered by ▇▇▇▇▇▇ Mae at placed on the time. Any such Property a fee equal to Ten Thousand Dollars ($10,000.00); (e) the loan documents evidencing the Supplemental Loan is subject to shall, in Lender’s determination thatreasonable judgment, in no way affect the priority of Lender’s lien or adversely affect any rights of Lender under the Documents; (f) Lender and Borrower shall use commercially reasonable efforts to attempt to negotiate a form of intercreditor agreement that is acceptable to both Borrower and Lender and shall be used as the intercreditor agreement for any Supplemental Loan, which intercreditor agreement shall provide, among other things, that any Supplemental Lender shall be permitted to cure defaults under the Loan within the cure periods provided in the Documents and upon acceleration of the Loan, any Supplemental Lender shall have the right, within thirty (30) days of the date of Lender’s acceleration of the Loan, to purchase the Loan and the First Priority Loan (as defined herein) by paying an amount equal to the outstanding principal balance of the Loan and the First Priority Loan, all accrued interest, the prepayment premium, and all other sums due under the Documents and the First Priority Documents and if there are then multiple Supplemental Lenders and more than one Supplemental Lender elects to purchase the Loan and the First Priority Loan, the most junior of the Supplemental Lenders making such election shall have the sole right to purchase the Loan and the First Priority Loan; (g) the Supplemental Lender shall not have the right to terminate any Lease in a foreclosure (or other proceeding or action brought as a result of its annual valuation of the Collateral Pool, a Supplemental Loan may be made pursuant to Lender’s Underwriting Requirements for Loans which meet the Coverage and LTV Tests. The Supplemental Loan will be documented with loan documents similar to the Loan Documents (“Supplemental Loan Documents”). Supplemental Loans will not be loans advanced under this Agreement. Any Supplemental Loan will be priced at market at the time of the loan and will be cross-defaulted with the Term Loan. To secure the obligations of Borrower default under the Supplemental Loan Documents, Borrower shall grant, convey and assign to Lender a second Lien on each Mortgaged Property in the Collateral Pool and on any other collateral pledged to Lender from time to time pursuant to Loan) without Lender’s prior written consent; (h) the Supplemental Loan Documents. On is permitted under the closing date provisions of the ERISA certificate and indemnification agreement described in Lender’s then-current Guidelines; and (i) the Supplemental Loan, Lender shall determine agree in writing that it will not sell, convey, transfer or assign the portion Supplemental Loan to any entity which does not meet the criteria set forth in clause (a) above, except pursuant to a securitization of the Supplemental Loan allocated to either as a particular Mortgaged Property stand-alone or as part of a pool; and (j) Borrower pays all reasonable fees, costs and expenses incurred by Lender (the “Supplemental Allocable Loan Amount”)in connection with such secondary financing, which Supplemental Allocable Loan Amounts shall be set forth in a separate exhibit to this Agreement. Lender shall redetermine the Supplemental Allocable Loan Amounts in the same manner including, without limitation, all legal, accounting, title insurance, documentary stamps taxes, intangible taxes, mortgage taxes, recording fees, and at the same time as the redetermination of the Allocable Loan Amounts pursuant to Section 2.01(b). In the event of a Supplemental Loanappraisal fees, Borrower shall pay the Supplemental Loan Fee on the date of the closing of such Supplemental Loan. Notwithstanding the foregoing, whether or not the Supplemental Loan shall be monitored pursuant to Section 2.01 of this Agreement and Lender shall include the Supplemental Loan upon calculating the Coverage and LTV Tests, Aggregate Debt Service Coverage Ratio and Aggregate Loan to Value Ratio, in connection with any Requestactually close.

Supplemental Loan. After Subject to the First Anniversaryterms and conditions contained herein, Borrower may participate in addition to the ▇▇▇▇▇▇ ▇▇▇ Supplemental Revolving Loans under Section 2.1 of the Loan product if the Supplemental Loan product is offered by ▇▇▇▇▇▇ Mae at the time. Any such Supplemental Loan is subject to Lender’s determination thatAgreement, as a result of its annual valuation of one time financial accommodation to Borrower, Supplemental Loan Lender shall make, subject to the Collateral Poolterms and conditions contained herein, a supplemental loan to Borrower in the principal amount of $15,000,000 (the "Supplemental Loan may be made pursuant to Lender’s Underwriting Requirements for Loans which meet the Coverage and LTV Tests. The Supplemental Loan will be documented with loan documents similar to the Loan Documents (“Supplemental Loan Documents”Loan"). Supplemental Loans will not be loans advanced under this Agreement. Any Supplemental Loan will be priced at market at At the time of the loan and will be cross-defaulted with the Term Loan. To secure the obligations of Borrower under the Supplemental Loan Documents, Borrower shall grant, convey and assign to Lender a second Lien on each Mortgaged Property in the Collateral Pool and on any other collateral pledged to Lender from time to time pursuant to the Supplemental Loan Documents. On the closing date of the Supplemental Loan, Lender shall determine the portion option of the Supplemental Loan allocated to a particular Mortgaged Property by Lender (the “Supplemental Allocable Loan Amount”), which Supplemental Allocable Loan Amounts shall be set forth in a separate exhibit to this Agreement. Lender shall redetermine the Supplemental Allocable Loan Amounts in the same manner and at the same time as the redetermination of the Allocable Loan Amounts pursuant to Section 2.01(b). In the event of a Supplemental Loan, Borrower shall pay the Supplemental Loan Fee on the date of the closing of such Supplemental Loan. Notwithstanding the foregoingLender, the Supplemental Loan shall be monitored pursuant to Section 2.01 made in two (2) installments as follows: the first (1st) installment in the principal amount of this Agreement and Lender $7,500,000 (the "First Installment") shall include be made on the Supplemental Loan upon calculating Effective Date and the Coverage second (2nd) installment in the principal amount of $7,500,000 (the "Second Installment") shall be made on or before the date which is seven (7) Business Days after the Supplemental Loan Effective Date (the "Second Installment Funding Date"). Borrower shall have no right to receive, and LTV TestsSupplemental Loan Lender shall have no obligation to make whatsoever, Aggregate Debt Service Coverage Ratio the Second Installment if, as of the Second Installment Funding Date, an Event of Default exists. The Supplemental Loan shall constitute part of the Obligations and Aggregate shall be secured by all of the Collateral. Except for the making of the Supplemental Loan as set forth in this Section 2A.1, Borrower shall have no right to Value Ratiorequest and Supplemental Loan Lender shall have no obligation to make any additional loans or advances to Borrower under this Section 2A.1 and any repayments of the Supplemental Loan shall not be subject to any readvance to or reborrowing by Borrower. For the purposes of Section 2.1 of the Loan Agreement, in connection with the aggregate principal amount of the Loans, the aggregate outstanding principal amount of the Supplemental Loan and the Letter of Credit Accommodations outstanding at any Requesttime shall not exceed the Maximum Credit.

Supplemental Loan. After the First Anniversary, Borrower may participate in the ▇▇▇▇▇▇ ▇▇▇ Supplemental Loan product product, if the Supplemental Loan product is offered by ▇▇▇▇▇▇ Mae at the timetime and if no Targeted Entity is a Prohibited Person. Any such Supplemental Loan is subject to Lender’s determination that, as a result of its annual valuation of the Collateral Pool, a Supplemental Loan may be made pursuant to Lender’s Underwriting Requirements for Loans which meet Tier Four loans in effect at the Coverage and LTV Teststime of the request. The Supplemental Loan will be documented with loan documents similar to the Loan Documents (“Supplemental Loan Documents”). Supplemental Loans will not be loans advanced under this Agreement. Any Supplemental Loan will be priced at market at the time of the loan and will be cross-defaulted with the Term Loan. To secure the obligations of Borrower under the Supplemental Loan Documents, Borrower shall grant, convey and assign to Lender a second Lien on each Mortgaged Property in the Collateral Pool and on any other collateral pledged to Lender from time to time pursuant to the Supplemental Loan Documents. On the closing date of the Supplemental Loan, Lender shall determine the portion of the Supplemental Loan allocated to a particular Mortgaged Property by Lender (the “Supplemental Allocable Loan Amount”), which Supplemental Allocable Loan Amounts shall be set forth in a separate exhibit to this Agreement. Lender shall redetermine the Supplemental Allocable Loan Amounts in the same manner and at the same time as the redetermination of the Allocable Loan Amounts pursuant to Section 2.01(b). In the event of a Supplemental Loan, Borrower shall pay the Supplemental Loan Fee on the date of the closing of such Supplemental Loan. Notwithstanding the foregoing, the Supplemental Loan shall be monitored pursuant to Section 2.01 of this Agreement and Lender shall include the Supplemental Loan upon calculating the Aggregate NOI Debt Service Coverage and LTV TestsRatio, the Aggregate Lease Payment Debt Service Coverage Ratio and the Aggregate Loan to Value Ratio, in connection with any Request. Borrower agrees to pay any fees (including legal fees) that may be charged in connection with a Supplemental Loan.