Examples of Participation A-2 Holder in a sentence
On the date hereof, on the terms and conditions set forth herein, the Initial Participation A-2 Holder shall acquire Participation A-2 for the “Participation A-2 Purchase Price” set forth on the Mezzanine Loan Schedule, by wire transfer to or at the direction of Rodin of immediately available funds in an amount equal to the “Participation A-2 Purchase Price” set forth on the Mezzanine Loan Schedule (which purchase shall be deemed effective only upon Rodin’s or its designee’s receipt of such funds).
Neither Participation A-1 Holder nor any other Holder intends for the Participation Interests contemplated under this Agreement to be, or for any purpose, be characterized as, loans by Participation A-2 Holder to Participation A-1 Holder.
Figure 1.1: MMC Categories The use of MMC solutions needs to be derived from benefits.
In connection therewith, the parties agree to account for each Participation Interest on their respective books and records as an asset sale from Participation A-1 Holder to Participation A-2 Holder.
The Participation A-2 Holder shall have no interest in any property taken as security for the Mezzanine Loan; provided, however, that if any such property or the proceeds thereof shall be applied in reduction of the Mezzanine Loan Principal Balance, then the Participation A-2 Holder shall be entitled to receive its pro rata share of such application in accordance with the terms of this Agreement.
The Holders acknowledge and agree that the Mezzanine Loan represents a single “claim” under Section 101 of the Bankruptcy Code, and that the Participation A-2 Holder would not be a separate creditor of the Borrower under the Bankruptcy Code.
Thereafter, the Participation A-2 Holder shall be deemed the owner of Participation A-2.
The Participation A-2 Holder and the Participation IO A-2 Holder hereby unconditionally and absolutely release the Agent from any liability to the Participation A-2 Holder or the Participation IO A-2 Holder, as may be applicable, on account of the Agent’s compliance with any Redirection Notice reasonably believed by the Agent to have been delivered by Loan Pledgee.
Participation A-1 Holder (and any such Agent) shall not have any fiduciary duty to the Participation A-2 Holder, the Participation IO A-1 Holder or the Participation IO A-2 Holder in connection with the administration of the Mortgage Loan.
The Participation A-2 Holder, the Participation IO A-1 Holder and Participation IO A-2 Holder acknowledge that the Mortgage Loan is subject to the Intercreditor Agreement.