Examples of Mezzanine A Collateral in a sentence
To Pledgor’s Actual Knowledge, as of the date hereof, neither Mezzanine A Borrower or Mortgage Borrower is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which it is a party or by which Mortgage Borrower, Mezzanine A Borrower, the Mezzanine A Collateral or any of the Properties are bound.
No portion of the Property, the Mezzanine A Collateral or the Collateral has been or will be purchased by Mortgage Borrower, Mezzanine A Borrower or Borrower, as applicable, with proceeds of any illegal activity.
No portion of any Individual Property, the Collateral, the Mezzanine A Collateral, any Mortgage Principal’s general partner interest in the related Mortgage Borrower Entity or any Mezzanine A Principal’s general partner interest in the related Mezzanine A Borrower Entity is being or will be purchased with proceeds of any illegal activity and, to Borrower’s Actual Knowledge, there are no illegal activities or activities relating to any controlled substances at any Individual Property.
Except for Permitted Encumbrances, Borrower does not have any contingent liabilities, liabilities for taxes, unusual forward or long-term commitments or unrealized or anticipated losses from any unfavorable commitments that are known to Borrower and reasonably likely to have a Material Adverse Effect on the Collateral, the Mezzanine A Collateral or the Property or the current operation thereof as a hotel and casino, except as referred to or reflected in said financial statements.
Borrower shall reimburse Administrative Agent on demand for any and all costs incurred by Administrative Agent in connection with curing any such Mezzanine A Loan Default or satisfying any Liens, claims or judgments against the Mezzanine A Collateral.
None of Borrower, Mezzanine A Borrower or Mortgage Borrower is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which it is a party or by which Borrower, Mezzanine A Borrower, Mortgage Borrower, the Collateral, the Mezzanine A Collateral or the Property is bound, except to the extent such default would not reasonably be expected to have a Material Adverse Effect.
There are no prior assignments of the Collateral, the Mezzanine A Collateral, any Mortgage Principal’s general partner interest in the related Mortgage Borrower Entity or any Mezzanine A Principal’s general partner interest in the related Mezzanine A Borrower Entity which are presently outstanding except in accordance with the Loan Documents and the Mezzanine A Loan Documents.
Neither Borrower, Mezzanine A Borrower nor Mortgage Borrower is in default in any material respect in the performance, observance or fulfillment of any of the obligations, covenants or conditions contained in any agreement or instrument to which it is a party or by which Borrower, Mezzanine A Borrower, Mortgage Borrower, the Mezzanine A Collateral, the Collateral or the Property is bound which would result in a Material Adverse Effect.
Lender, Mortgage Lender and Mezzanine A Lender are parties to a certain intercreditor agreement dated as of the date hereof (the “Intercreditor Agreement”) memorializing their relative rights and obligations with respect to the Loan, the Mortgage Loan, the Mezzanine A Loan, Borrower, Mortgage Borrower, Mezzanine A Borrower, the Mezzanine A Collateral, the Collateral and the Property.
Borrower shall reimburse any Lender, Administrative Agent and/or Collateral Agent for any losses, costs, damages or expenses (including reasonable attorneys’ fees and expenses) actually incurred by any Lender, Administrative Agent and/or Collateral Agent if an interest in the Property, the Mezzanine A Collateral and/or the Collateral, other than as permitted hereunder, is claimed by another Person.