Examples of NYTC Extension Loan in a sentence
Notwithstanding anything to the contrary provided in Section 6.03(ii) and Exhibit R of the Operating Agreement, the NYTC Extension Loan shall be subordinated to the mortgages which secure the Construction Loan pursuant to the subordination and intercreditor agreement attached as Exhibit R to the Loan Agreements.
The obligations of Guarantor under this Guaranty are independent of Borrower’s obligations under the NYTC Extension Loan Documents, and a separate action or actions may be brought and prosecuted against the Guarantor to enforce this Guaranty, irrespective of whether any action is brought against Borrower or whether Borrower is joined in any such action or actions.
The amount of the NYTC Extension Loan required to be made by NYTC Member shall be $119,498,000.00.
Without limiting the applicable provision of the Operating Agreement and any conditions set forth therein, the FC Member and the NYTC Member each confirm that the NYTC Member’s obligation to make the NYTC Extension Loan shall be conditioned upon the FC Member making the True-Up Payment in the amount aforesaid as and when required pursuant to Section 3.01(c) of the Operating Agreement.
Notwithstanding anything to the contrary herein, Guarantor’s liability shall extend to all amounts or other obligations which constitute part of the Guaranteed Obligations and would be owed by, or required to be performed by, Borrower under the NYTC Extension Loan Documents but for the fact that they are unenforceable or not allowable due to the existence of a bankruptcy, reorganization or similar proceeding involving Borrower or any other party.
Attached hereto as Exhibit A is the Members’ Consent to the New Loan, the release of NYTC Member as a co-borrower under the loan, and the waiver of NYTC Member’s requirement to fund the NYTC Extension Loan.
The definition of NYTC Extension Loan is hereby deleted and all references to the NYTC Extension Loan in the Operating Agreement are hereby deleted in their entirety and the Members acknowledge that NYTC Member shall no longer have an obligation to make the NYTC Extension Loan as described in Section 6.03 of the Operating Agreement.