Qualified Mezzanine Lender definition

Qualified Mezzanine Lender means the Entity or Person that provides the Qualified Mezzanine Loan, and that is approved by the Prepetition Secured Lender in its sole discretion.
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Qualified Mezzanine Lender means (a) any Qualified Institution, provided that such Qualified Institution, together with any other Qualified Institution proposing to make a portion of the same tranche of the Approved Mezzanine Loan, and together with entities Controlled by, Controlling or under common Control with each such Qualified Institution (i) has total real estate assets or loans (directly or indirectly, in name or under management) in excess of $1,000,000,000 and (except with respect to a pension advisory firm or similar fiduciary) capital/statutory surplus, shareholder’s equity or market capitalization in excess of $400,000,000 and (ii) is regularly engaged in the business of directly or indirectly making or owning commercial real estate loans or directly or indirectly owning or operating hotel properties similar to, or better in quality than, the Properties; (b) any entity Controlled and owned by, Controlling and owning or under common Control and ownership with, a Qualified Institution described in clause (a) above; or (c) any other mezzanine lender that has been approved by Lender in its reasonable discretion and approved by the Rating Agencies.
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Qualified Mezzanine Lender shall have the meaning set forth in the Mortgage Loan Agreement.
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Examples of Qualified Mezzanine Lender in a sentence

  • The Debtors, the Qualified Mezzanine Lender, the Prepetition Secured Lender, the Qualified Manager, and their respective representatives and advisors, acted in good faith and in compliance with the Marketing Process Order in the selection of the Qualified Mezzanine Lender and in negotiating and implementing the Qualified Mezzanine Documents.

  • The Plan and the Plan Documents were negotiated in good faith and at arm’s length among the Debtors, the Prepetition Secured Lender, the Committee, the Qualified Manager, the Qualified Mezzanine Lender, and various other parties in interest.

  • The Qualified Mezzanine Documents and the selection of the Qualified Mezzanine Lender are the results of and in compliance with the Marketing Process Order.

  • Fund will be provided with at least 60 days prior notice of any change in the Fund’s 80%investment policy.

  • The related borrower is required to deliver a subordination and intercreditor agreement acceptable to lender and executed by Qualified Mezzanine Lender.

  • The related mortgage loan documents further provide that the mortgage lender will not unreasonably withhold its consent of the transfer of such mezzanine financing to a "Qualified Mezzanine Lender" in lieu of the original borrower.

  • Notwithstanding anything in this Agreement to the contrary, neither Party shall have any liability under this Agreement, for: (y) any punitive or exemplary damages, or (z) any special, consequential, incidental or indirect damages, including lost profits, lost data, lost revenues and loss of business opportunity, whether or not the other Party was aware or should have been aware of the possibility of these damages.

  • The related borrower's equity holder's may obtain future mezzanine financing from a "Qualified Mezzanine Lender" (as defined in the related mortgage loan documents) not to exceed the amount that will result in a DSCR on the Loan and mezzanine financing of 1.15:1.00 and a combined LTV of 85% and subject to the related mortgage lender's review and approval of the terms of the mezzanine financing and the execution of subordination and intercreditor agreements satisfactory to the related mortgage lender.

  • Any strings are allowed by the CNL interface, so this allows uneducated users to input garbage such as “Teachers can hit pupils” or “read is an action.

  • The waiver of default interest and Post-Effective Date Loan provided by the Prepetition Secured Lender, the New Hotel Management Agreement and $15 million of “key money” provided by the Qualified Manager, and the $25 million Qualified Mezzanine Loan provided by the Qualified Mezzanine Lender are the cornerstones of the Debtors’ reorganization.


More Definitions of Qualified Mezzanine Lender

Qualified Mezzanine Lender means any insurance company, bank, savings and loan association, trust company, commercial credit corporation, investment bank, pension fund, pension plan, pension advisory firm, mutual fund, government entity or plan, investment company, money management firm and sovereign wealth fund, as well as any real estate investment trust, investment fund, limited liability company, limited partnership or general partnership in which an entity that is otherwise a Qualified Mezzanine Lender acts as the general partner, managing member or fund manager thereof, that in each case, (A) such entity, or such entity’s general partner, managing member or fund manager (together with the Affiliates of such entity or such entity’s general partner, managing member or fund manager) has total assets (in name or under management) in excess of $750,000,000.00 and a combined capital and surplus and shareholder’s equity (or, in the case of an insurance company, policyholder surplus) of at least $225,000,000.00 (which total assets and shareholder’s equity or policyholder’s surplus, as applicable, shall be calculated based upon the total assets and combined capital and surplus and shareholder’s equity (or policyholder surplus, as applicable), with respect to all entities constituting a Qualified Mezzanine Lender in the aggregate, provided that each such entity individually satisfies its pro rata share of such minimum required total assets and combined capital and surplus and shareholder’s equity (or policyholder surplus, as applicable)), and (B) such entity is regularly engaged in the business of making or owning (or in the case of a fund advisor or manager, advising or managing with respect to a fund that is regularly engaged in the business of making or owning) and managing commercial mortgage or mezzanine real estate loans. 153758634 Loan Agreement (CT/NJ Loan) - GTJ Portfolio Refinancing - AIG
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Qualified Mezzanine Lender means one or more of the following: (i) a real estate investment trust, bank, saving and loan association, investment bank, insurance company, trust company, commercial credit corporation, pension plan, pension fund or pension advisory firm, mutual fund, government entity or plan, (ii) investment company, money management firm or “qualified institutional buyer” within the meaning of Rule 144A under the Securities Act of 1933, as amended, or an institutional “accredited investor” within the meaning of Regulation D under the Securities Act of 1933, as amended, which is regularly engaged in the business of making or owning loans of similar types to the Mezzanine Loan or the Loan, (iii) a Qualified Trustee in connection with a securitization of, or the creation of collateralized debt obligations (“CDO”) secured by or financing through an “owner trust” of, the Mezzanine Loan, so long as (A) the special servicer or manager of such securitization, CDO or trust has the Required Special Servicer Rating, (B) the “controlling class” of such securitization vehicle is held by a Qualified Mezzanine Lender and (C) the operative documents of the related securitization vehicle, CDO or financing must require that (1) the “controlling class” or “equity interest” in such securitization vehicle or CDO are owned by a Permitted Transferee or a Permitted Investment Fund and (2) if any of the relevant trustee, special servicer, manager or controlling class fails to meet the requirements of such clause, such entity must be replaced by a qualifying entity within 30 days, (iv) an investment fund, limited liability company, limited partnership or general partnership (a “Permitted Investment Fund”) where a Qualified Mezzanine Lender or a Permitted Fund Manager acts as the general partner, managing member or fund manager and at least 50% of the equity interests in such Permitted Investment Fund are owned, directly or indirectly, by one or more of the following: a Qualified Mezzanine Lender, an
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Qualified Mezzanine Lender means one or more of the following:
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Qualified Mezzanine Lender shall have the meaning given the term “Qualified Transferee” in the Intercreditor Agreement.
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Related to Qualified Mezzanine Lender

  • Mezzanine Lender shall have the meaning set forth in the first paragraph of this Agreement.

  • Accelerated Mezzanine Loan Lender shall have the meaning assigned to such term or an analogous term in the Lead Securitization Servicing Agreement.

  • Accelerated Mezzanine Loan A mezzanine loan (secured by a pledge of the direct (or indirect) equity interests in a Mortgagor under a Mortgage Loan or Loan Combination) if such mezzanine loan either (i) has been accelerated, or (ii) is the subject of foreclosure proceedings against the equity collateral pledged to secure that mezzanine loan.

  • Mezzanine Loan means a mezzanine loan secured by equity interests in the Mortgage Loan Borrower.

  • Mezzanine Loans means, collectively, the First Mezzanine Loan, the Second Mezzanine Loan, the Third Mezzanine Loan, the Fourth Mezzanine Loan, the Fifth Mezzanine Loan, the Sixth Mezzanine Loan, the Seventh Mezzanine Loan, the Eighth Mezzanine Loan, the Ninth Mezzanine Loan and any New Mezzanine Loan.

  • Mezzanine Borrower shall have the meaning set forth in Section 11.6 hereof.

  • Mortgage lender means a domestic or foreign corporation authorized in this state to make loans secured by mortgages or deeds of trust.

  • Mezzanine Loan Documents means all documents or instruments evidencing, securing or guaranteeing the Mezzanine Loan, including without limitation, the Mezzanine Loan Agreement.

  • Mezzanine Loan Agreement means that certain Mezzanine Loan Agreement, dated as of the date hereof, between Mezzanine Borrower and Mezzanine Lender, as the same may be amended, restated, replaced, supplemented or otherwise modified from time to time.

  • Qualified Lender means a lender approved by the federal department of housing and urban development to enter into a loan insured by the federal government under 12 USC 1715z−20.

  • Qualified Manager means in the reasonable judgment of Lender, a reputable and experienced management organization (which may be an Affiliate of Borrower) possessing experience in managing properties similar in size, scope, use and value as the Property, provided, that Borrower shall have obtained (i) prior written confirmation from the applicable Rating Agencies that management of the Property by such Person will not cause a downgrade, withdrawal or qualification of the then current ratings of the Securities or any class thereof and (ii) if such Person is an Affiliate of Borrower, an Additional Insolvency Opinion.

  • Refinancing Mortgage Loan Any Mortgage Loan originated in connection with the refinancing of an existing mortgage loan.

  • Refinancing Lender has the meaning set forth in Section 2.15(c).

  • Subject Lender has the meaning assigned to that term in subsection 2.9.

  • Minority institution means an institution of higher education meeting the requirements of Section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving institution of higher education, as defined in Section 502(a) of the Act (20 U.S.C. 1101a).

  • Additional Refinancing Lender has the meaning set forth in Section 2.15(a).

  • Mortgage Borrower shall have the meaning set forth in the Recitals to this Agreement.

  • Farm Credit Lender means a lending institution organized and existing pursuant to the provisions of the Farm Credit Act of 1971 and under the regulation of the Farm Credit Administration.

  • Qualified Member means a member of the Committee who is a “Non-Employee Director” within the meaning of Rule 16b-3(b)(3) and an “outside director” within the meaning of Regulation 1.162-27 under Code Section 162(m).

  • Refinancing Loan shall have the meaning provided in Section 2.14(h)(i).

  • Mezzanine Investments means debt Securities (including convertible debt Securities (other than the “in-the-money” equity component thereof)) and Preferred Stock in each case (a) issued by public or private issuers, (b) issued without registration under the Securities Act, (c) not issued pursuant to Rule 144A under the Securities Act (or any successor provision thereunder), (d) that are not Cash Equivalents and (e) contractually subordinated in right of payment to other debt of the same issuer.

  • Disqualified Lender has the meaning specified in Section 10.06(b)(v).

  • Refinancing Lenders has the meaning specified in Section 2.15(c).

  • Disposing Member is defined in Section 4.1.

  • Disqualified Lenders means any direct competitor of Holdings or any of its Subsidiaries, in each case, identified by such Person’s name in a written notice to the Administrative Agent delivered at any time after the Closing Date, which notice (A) shall be mutually acceptable to the Administrative Agent and the Borrower, (B) may be made available by the Administrative Agent on a Platform accessible by all Lenders and (C) shall become effective two Business Days after the posting thereof; provided that any such notice may be updated from time to time (a) to include (i) additional direct competitors of Holdings or any of its Subsidiaries identified by such Person’s name or (ii) Affiliates of such competitors that are either (x) identified by such Person’s name or (y) readily identifiable as such on the basis of such Affiliate’s name, (b) may be made available by the Administrative Agent on a Platform accessible by all Lenders, (c) shall be in form satisfactory to the Administrative Agent and (d) shall become effective two Business Days after the posting thereof. Notwithstanding the foregoing, in no event shall (1) any such update apply retroactively to disqualify any Persons that have previously acquired an assignment or participation interest in the Loans and/or Revolving Credit Commitments, Extended Revolving Credit Commitments or Replaced Revolving Commitments as permitted herein and (2) any bona fide debt fund, investment vehicle, regulated banking entity or non-regulated lending entity that is primarily engaged in making, purchasing, holding or otherwise investing in commercial loans or bonds and/or similar extensions of credit in the ordinary course of business which is managed, sponsored or advised by any Person Controlling, Controlled by or under common Control with a competitor of Holdings or any of its Subsidiaries or its Controlling owner and for which no personnel involved with the competitive activities of such competitor or Controlling owner (I) makes any investment decisions for such debt fund or (II) has access to any confidential information (other than publicly available information) relating to the Borrower and its Subsidiaries be deemed a Disqualified Lender.

  • Deep poverty pocket means a population census tract having a