Xxxxxxx Capital. Each Lender hereby acknowledges that (a) Company has contracted by separate written agreement with Xxxxxxx Capital, L.P. (“Xxxxxxx”) to assist Company, among other things, in identifying and obtaining written commitments from prospective lenders in connection with the facilities under this Agreement, (b) Xxxxxxx is only acting at the request of and on behalf of the Company, and not Comerica Bank, and (c) Comerica Bank shall have no liability to Company, any Lender or any other Person for any actions taken by Xxxxxxx or any of its representatives in respect of the transactions contemplated by this Agreement, or for any financial, evaluation or other information or material delivered or statements made by Xxxxxxx to Company, any Lender or any other Person.
Xxxxxxx Capital. As of the Effective Date, one or more Venture Vehicles is the fee simple owner of the Existing Hotels (which the Members agree has an aggregate fair market value, as of the Effective Date, of $910,000,000), which are encumbered by a mortgage loan, and one or more of the Existing Venture Vehicles has incurred certain mezzanine loans. As of the Effective Date, after accounting for the distribution by the Company to the Xxxxxxx Member of $28,000,000.00 pursuant to the terms of the Contribution Agreement, the Denihan Member shall be deemed to have made Capital Contributions to the Company in an amount equal to One Hundred Fifty Nine Million Eight Hundred Fifty Five Thousand Nine Hundred Sixty Seven Dollars and Thirty Cents ($159,855,967.30) (the “Xxxxxxx Common Capital”) plus the Preferred Capital (collectively, the “Xxxxxxx Invested Capital”).
Xxxxxxx Capital. As of the Effective Date, one or more Venture Vehicles is the fee simple owner of the Existing Hotels (which the Members agree has an aggregate fair market value, as of the Effective Date, of $910,000,000) [SUBJECT TO WORKING CAPITAL AND SIMILAR ADJUSTMENTS IN CONTRIBUTION AGREEMENT], which are encumbered by a mortgage loan, and one or more of the Venture Vehicles has incurred certain mezzanine loans. As of the Effective Date, after accounting for the distribution by the Company to the Xxxxxxx Member of the [BDB Distribution Amount and the BJD Distribution Amount], the Xxxxxxx Member shall be deemed to have made Capital Contributions to the Company in an amount equal to $[______________] (the “Xxxxxxx Common Capital”) plus the Preferred Capital (collectively, the “Xxxxxxx Invested Capital”).
Xxxxxxx Capital. As of the Effective Date, one or more Venture Vehicles is the fee simple owner of the Existing Hotels (which the Members agree has an aggregate fair market value, as of the Effective Date, of Nine Hundred Seven Million Nine Hundred Seventy Seven Thousand Seven Hundred Fifty One Dollars and Fifty Eight Cents ($907,977,751.58)), which are encumbered by a mortgage loan, and one or more of the Existing Venture Vehicles has incurred certain mezzanine loans. As of the Effective Date, after accounting for the distribution by the Company to the Xxxxxxx Member of Twenty Eight Million Dollars ($28,000,000.00) pursuant to the terms of the Contribution Agreement, the Denihan Member shall be deemed to have made Capital Contributions to the Company in an amount equal to One Hundred Seventy Six Million Six Hundred Twelve Thousand Sixty Dollars and Ninety Seven Cents ($176,612,060.97) (the “Xxxxxxx Common Capital”) plus the Preferred Capital (collectively, the “Xxxxxxx Invested Capital”).
Xxxxxxx Capital. On the Effective Date, the Denihan Member made a Capital Contribution to the Company in cash in the amount of Fifty One and No/100 Dollars ($51.00). The Xxxxxxx Member shall receive a credit to its Capital Account in such amount.
