Common use of XXXX Events Clause in Contracts

XXXX Events. Notwithstanding anything else to the contrary in the Agreement, no XXXX Event may be closed until the Administrative Agent shall have received written confirmation from the Lenders that flood insurance due diligence and flood insurance compliance has been completed by the Lenders (such written confirmation not to be unreasonably conditioned, withheld or delayed). If the Lenders have not informed the Administrative Agent and the Borrower of any outstanding flood diligence requirements by the date that is thirty (30) days (or 5 Business Days if no pledged real estate is in an SFHA Zone) after the date on which the Administrative Agent made available to the Lenders (which may be delivered electronically) the following documents with respect to each pledged real property: (i) a completed flood hazard determination from a third party vendor; (ii) for each real property located in a “special flood hazard area”, (A) a notification to the applicable Loan Party of that fact and (if applicable) notification to the applicable Loan Party flood insurance coverage is not available and (B) evidence of the receipt by the applicable Loan Party of such notice; and (iii) if such notice is required to be provided to the applicable Loan Party and flood insurance is available in the community in which such real property is located, evidence of required flood insurance with respect to such Mortgage, Lenders will be deemed to have completed its flood insurance due diligence and flood insurance compliance and to have consented to such Mortgage..

XXXX Events. Notwithstanding anything else to the contrary in the Agreementforegoing, no XXXX Event increase, extension or renewal of the credit facility evidenced by this Agreement (including under Section 2.1(b)) may be closed until the Administrative Agent shall have received written confirmation from the Lenders that flood insurance due diligence and flood insurance compliance has been completed by the Lenders (such written confirmation not to be unreasonably conditioned, withheld or delayed). If the Lenders have any Lender has not informed the Administrative Agent and the Borrower Borrower’s Agent of any outstanding flood diligence requirements or that its flood diligence has not been completed by the date that is thirty (30) days (or 5 Business Days if no pledged real estate is in an SFHA Zone) after the date on which the Administrative Agent made available to the Lenders (which may be delivered electronically) the following documents with respect to each pledged real property: (i) a completed flood hazard determination from a third party vendor; (ii) for each real property located in a “special flood hazard area”, (A) a notification to the applicable Loan Party Borrowers’ Agent of that fact and (if applicable) notification to the applicable Loan Party Borrowers’ Agent that flood insurance coverage is not available and (B) evidence of the receipt by the applicable Loan Party Borrowers’ Agent of such notice; and (iii) if such notice is required to be provided to the applicable Loan Party Borrowers’ Agent and flood insurance is available in the community in which such real property is located, evidence of required flood insurance insurance, which shall be on such terms and in such amounts as required by The National Flood Insurance Reform Act of 1994, the Federal Flood Disaster Protection Act and rules and regulations promulgated thereunder or as otherwise required by the Administrative Agent or any Lender, with respect to such Mortgagereal property, Lenders such Lender will be deemed to have completed its flood insurance due diligence and flood insurance compliance and to have consented to such Mortgage..compliance.

XXXX Events. Notwithstanding anything else to the contrary in the Agreement, no XXXX Event may be closed until the Administrative Agent shall have received written confirmation from the Lenders that flood insurance due diligence and flood insurance compliance has been completed by the Lenders (such written confirmation not to be unreasonably conditioned, withheld or delayed). If the Lenders have not informed the Administrative Agent and the Borrower of any outstanding flood diligence requirements by the date that is thirty (30) days (or 5 Business Days if no pledged real estate is in an SFHA Zone) after the date on which the Administrative Agent made available to the Lenders (which may be delivered electronically) the following documents with respect to each pledged real property: (i) a completed flood hazard determination from a third party vendor; (ii) for each real property located in a “special flood hazard area”, (A) a notification to the applicable Loan Party of that fact and (if applicable) notification to the applicable Loan Party flood insurance coverage is not available and (B) evidence of the receipt by the applicable Loan Party of such notice; and (iii) if such notice is required to be provided to the applicable Loan Party and flood insurance is available in the community in which such real property is located, evidence of required flood insurance with respect to such Mortgage, Lenders will be deemed to have completed its flood insurance due diligence and flood insurance compliance and to have consented to such Mortgage... [REMAINDER OF PAGE IS LEFT INTENTIONALLY BLANK] 106

XXXX Events. Notwithstanding anything else to the contrary in the Agreementforegoing, no XXXX Event may be closed until the Administrative Agent shall have received written confirmation from the Lenders that flood insurance due diligence and flood insurance compliance has been completed by the Lenders (such written confirmation not to be unreasonably conditioned, withheld or delayed). If the Lenders have not informed the Administrative Agent and the Borrower of any outstanding flood diligence requirements by the date that is (a) if there are no Mortgaged Properties in a “special flood hazard area”, ten (10) Business Days or (b) if there are any Mortgaged Properties in a “special flood hazard area”, thirty (30) days (or 5 Business Days if no pledged real estate is in an SFHA Zone) each case, the “Notice Period”), after the date on which the Administrative Agent made available has delivered to the Lenders (which may be delivered electronically) the following documents with in respect to each pledged of such real property: (i) a completed flood hazard determination from a third party vendor; (ii) for each if such real property is located in a “special flood hazard area”, (A) a notification to the applicable Loan Party Parties of that fact and (if applicable) notification to the applicable Loan Party Parties that flood insurance coverage is not available and (B) evidence of the receipt by the applicable Loan Party Parties of such notice; and (iii) if such notice is required to be provided to the applicable Loan Party and flood insurance is available in the community in which such real property is locatedby Flood Insurance Laws, evidence of required flood insurance; provided that any such XXXX Event may be closed prior to the Notice Period if the Administrative Agent shall have received confirmation from each applicable Lender that such Lender has completed any necessary flood insurance due diligence to its reasonable satisfaction; provided, further, that in the case of both (a) and (b), if Bank of America, N.A. provides written notice to the Administrative Agent before the expiration of the Notice Period that its flood insurance due diligence and/or flood insurance compliance has not been completed, together with respect to reasonable supporting detail regarding such Mortgagenon-completion, Lenders will such Notice Period shall be deemed to extended until such time that the Administrative Agent shall have completed its received written confirmation from such bank (or banks) that flood insurance due diligence and flood insurance compliance and have been completed by such banks (or banks) (such written confirmation not to have consented to such Mortgage..be unreasonably withheld, conditioned or delayed). SECTION 3.

XXXX Events. Notwithstanding anything else to the contrary in the Agreementforegoing, no XXXX Event may be closed until the Administrative Agent shall have received written confirmation from the Lenders that flood insurance due diligence and flood insurance compliance has been completed by the Lenders (such written confirmation not to be unreasonably conditioned, withheld or delayed). If the Lenders have not informed the Administrative Agent and the Borrower of any outstanding flood diligence requirements by the date that is (a) if there are no Mortgaged Properties in a “special flood hazard area”, ten (10) Business Days or (b) if there are any Mortgaged Properties in a “special flood hazard area”, thirty (30) days (or 5 Business Days if no pledged real estate is in an SFHA Zone) each case, the “Notice Period”), after the date on which the Administrative Agent made available has delivered to the Lenders (which may be delivered electronically) the following documents with in respect to each pledged of such real property: (i) a completed flood hazard determination from a third party vendor; (ii) for each if such real property is located in a “special flood hazard area”, (A) a notification to the applicable Loan Party Parties of that fact and (if applicable) notification to the applicable Loan Party Parties that flood insurance coverage is not available and (B) evidence of the receipt by the applicable Loan Party Parties of such notice; and (iii) if such notice is required to be provided to the applicable Loan Party and flood insurance is available in the community in which such real property is locatedby Flood Insurance Laws, evidence of required flood insurance; provided that any such XXXX Event may be closed prior to the Notice Period if the Administrative Agent shall have received confirmation from each applicable Lender that such Lender has completed any necessary flood insurance due diligence to its reasonable satisfaction; provided, further, that in the case of both (a) and (b), if Bank of America, N.A. provides written notice to the Administrative Agent before the expiration of the Notice Period that its flood insurance due diligence and/or flood insurance compliance has not been completed, together with respect to reasonable supporting detail regarding such Mortgagenon-completion, Lenders will such Notice Period shall be deemed to extended until such time that the Administrative Agent shall have completed its received written confirmation from such bank (or banks) that flood insurance due diligence and flood insurance compliance and have been completed by such banks (or banks) (such written confirmation not to have consented to such Mortgage..be unreasonably withheld, conditioned or delayed).

XXXX Events. Notwithstanding anything else to the contrary in the Agreement, no No XXXX Event may be closed until the Administrative Agent shall have received written confirmation from the Lenders that flood insurance due diligence and flood insurance compliance has been completed by the Lenders (such written confirmation not to be unreasonably conditioned, withheld or delayed). If the Lenders have not informed the Administrative Agent and the Borrower of any outstanding flood diligence requirements by the date that is (a) if there are no Material Real Estate Assets subject to Mortgages located in an area which has been identified by the U.S. Federal Emergency Management Agency (or any successor agency) as a “special flood hazard area,” ten (10) Business Days or (b) if there are any Material Real Estate Assets subject to Mortgages located in an area which has been identified by the U.S. Federal Emergency Management Agency (or any successor agency) as a “special flood hazard area,” thirty (30) days (or 5 Business Days if no pledged real estate is in an SFHA Zone) each case, the “Notice Period”), after the date on which the Administrative Agent made available has delivered to the Lenders (which may be delivered electronically) the following documents with in respect to of each pledged real propertysuch Material Real Estate Asset: (i) a completed flood hazard determination Flood Determination Form from a third party vendor; , (ii) for each real property if such Material Real Estate Asset is located in a “special flood hazard area”, ,” (A) a notification to the applicable Loan Party of that fact and (if applicable) notification to the applicable Loan Party that flood insurance coverage is not available and (B) evidence of the receipt by the applicable Loan Party of such notice; , and (iii) if such notice is required to be provided to the applicable Loan Party and flood insurance is available in the community in which such real property Material Real Estate Asset is located, evidence of required flood insurance in an amount and in all other respects sufficient to comply with respect all applicable rules and regulations promulgated under the Flood Laws and otherwise reasonably satisfactory to the Administrative Agent or as otherwise required from time to time by the Administrative Agent and the Lenders; provided that any such Mortgage, Lenders will XXXX Event may be deemed closed prior to the Notice Period if the Administrative Agent shall have completed its received written confirmation from the Arrangers that flood insurance due diligence and flood insurance compliance have been completed by the Arrangers (such written confirmation not to be unreasonably conditioned, withheld or delayed); and provided further that any obligations any Loan Party may have under Section 5.12 to have consented grant a Mortgage within the 120-day time period described therein shall be extended for so long as is required to such Mortgage..ensure compliance with the requirements set forth in this Section 9.23.