Corrective Actions. Within ten (10) days after request by Lender, Borrower shall provide, or cause to be provided, to Lender, at Borrower’s cost and expense, such further documentation or information reasonably deemed necessary or appropriate by Lender in the exercise of its rights under the related commitment letter between Borrower and Lender or to correct patent mistakes in the Loan Documents, the Title Policy, or the funding of the Mortgage Loan. Sale of Mortgage Loan. Borrower shall, subject to Section 5.2(bbb) below: comply with the reasonable requirements of Lender or any Investor of the Mortgage Loan or provide, or cause to be provided, to Lender or any Investor of the Mortgage Loan within ten (10) days after the request, at Borrower’s cost and expense, such further documentation or information as Lender or Investor may reasonably require, in order to enable: Lender to sell the Mortgage Loan to such Investor; Lender to obtain a refund of any commitment fee from any such Investor; or any such Investor to further sell or securitize the Mortgage Loan; ratify and affirm in writing the representations and warranties set forth in any Loan Document as of such date specified by Lender modified as necessary to reflect changes that have occurred subsequent to the Effective Date; confirm that Borrower is not in default in paying the Indebtedness or in performing or observing any of the covenants or agreements contained in this Loan Agreement or any of the other Loan Documents (or, if Borrower is in default, describing such default in reasonable detail); and execute and deliver to Lender and/or any Investor such other documentation, including any amendments, corrections, deletions, or additions to this Loan Agreement or other Loan Document(s) as is reasonably required by Lender or such Investor. Limitations on Further Acts of Borrower. Nothing in Section 5.2(zz) and Section 5.2(aaa) shall require Borrower to do any further act that has the effect of: changing the economic terms of the Mortgage Loan set forth in the related commitment letter between Borrower and Lender; imposing on Borrower or Guarantor greater personal liability under the Loan Documents than that set forth in the related commitment letter between Borrower and Lender; or materially changing the rights and obligations of Borrower or Guarantor under the commitment letter.
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Corrective Actions. Within ten (10) days after request by Lender, Borrower shall provide, or cause to be provided, to Lender, at Borrower’s cost and expense, such further documentation or information reasonably deemed necessary or appropriate by Lender in the exercise of its rights under the related commitment letter between Borrower and Lender or to correct patent mistakes in the Loan Documents, the Title Policy, or the funding of the Mortgage Loan. Compliance with Investor Requirements. Without limiting the generality of subsections (1) and (2) above, Borrower shall, subject to Section 5.02(d) below, take all reasonable actions necessary to comply with the requirements of Lender to enable Lender to sell any MBS backed by the Mortgage Loan or create or maintain the expected federal income tax treatment of any MBS trust that directly or indirectly holds the Mortgage Loan and issues MBS as a Fixed Investment Trust or REMIC, as the case may be, within the meaning of the Treasury Regulations; provided, however, that notwithstanding any other provision in this Loan Agreement, no action shall be required from Borrower in connection with this Section 5.02(b)(3) that would cause Borrower to fail to qualify as a grantor trust or under the provisions under Revenue Ruling 2004-86. Sale of Mortgage Loan. Borrower shall, subject to Section 5.2(bbb5.02(d) below: comply with the reasonable requirements of Lender or any Investor of the Mortgage Loan or provide, or cause to be provided, to Lender or any Investor of the Mortgage Loan within ten (10) days after the request, at Borrower’s cost and expense, such further documentation or information as Lender or Investor may reasonably require, in order to enableto: enable Lender to sell the Mortgage Loan or participation interests therein to such Investor; enable Lender to obtain a refund of any commitment fee from any such Investor; or enable any such Investor to further sell or securitize the Mortgage Loan; or create or maintain the expected federal income tax treatment of any MBS trust that directly or indirectly holds the Mortgage Loan and issues MBS as a Fixed Investment Trust or REMIC, as the case may be, within the meaning of the Treasury Regulations; ratify and affirm in writing the representations and warranties set forth in any Loan Document as of such date specified by Lender modified as necessary to reflect changes that have occurred subsequent to the Effective Date; confirm that Borrower is not in default in paying the Indebtedness or in performing or observing any of the covenants or agreements contained in this Loan Agreement or any of the other Loan Documents (or, if Borrower is in default, describing such default in reasonable detail); and execute and deliver to Lender and/or any Investor such other documentation, including any amendments, corrections, deletions, or additions to this Loan Agreement or other Loan Document(s) as is reasonably required by Lender or such Investor. Limitations on Further Acts of Borrower. Nothing in Section 5.2(zz5.02(b) and Section 5.2(aaa5.02(c) shall require Borrower to do any further act that has the effect of: changing the economic terms of the Mortgage Loan set forth in the related commitment letter between Borrower and Lender; imposing on Borrower or Guarantor greater personal liability under the Loan Documents than that set forth in the related commitment letter between Borrower and Lender; or materially changing the rights and obligations of Borrower or Guarantor under the commitment letter. Financing Statements; Record Searches. Borrower shall pay all costs and expenses associated with: any filing or recording of any financing statements, including all continuation statements, termination statements, and amendments or any other filings related to security interests in or liens on collateral; and any record searches for financing statements that Lender may require. Borrower hereby authorizes Lender (and represents and warrants that the Master Lease authorizes Borrower) to file any financing statements, continuation statements, termination statements, and amendments (including an “all assets” or “all personal property” collateral description or words of similar import) in form and substance as Lender may require in order to protect and preserve Lender’s lien priority and security interest in the Mortgaged Property (and to the extent Lender has filed any such financing statements, continuation statements, or amendments prior to the Effective Date, such filings by Lender are hereby authorized and ratified by Borrower, and are permitted under the terms of the Master Lease).
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Corrective Actions. Within ten (10) days after request by Lender, Borrower shall provide, or cause to be provided, to Lender, at Borrower’s cost and expense, such further documentation or information reasonably deemed necessary or appropriate by Lender in the exercise of its rights under the related commitment letter between Borrower and Lender or to correct patent mistakes in the Loan Documents, the Title Policy, or the funding of the Mortgage Loan. Sale of Mortgage Loan. Borrower shall, subject to Section 5.2(bbb5.2(xx) below: comply with the reasonable requirements of Lender or any Investor of the Mortgage Loan or provide, or cause to be provided, to Lender or any Investor of the Mortgage Loan within ten (10) days after the request, at Borrower’s cost and expense, such further documentation or information as Lender or Investor may reasonably require, in order to enable: Lender to sell the Mortgage Loan to such Investor; Lender to obtain a refund of any commitment fee from any such Investor; or any such Investor to further sell or securitize the Mortgage Loan; ratify and affirm in writing the representations and warranties set forth in any Loan Document as of such date specified by Lender modified as necessary to reflect changes that have occurred subsequent to the Effective Date; confirm that Borrower is not in default in paying the Indebtedness or in performing or observing any of the covenants or agreements contained in this Loan Agreement or any of the other Loan Documents (or, if Borrower is in default, describing such default in reasonable detail); and execute and deliver to Lender and/or any Investor such other documentation, including any amendments, corrections, deletions, or additions to this Loan Agreement or other Loan Document(s) as is reasonably required by Lender or such Investor. Limitations on Further Acts of Borrower. Nothing in Section 5.2(zz5.2(vv) and Section 5.2(aaa5.2(ww) shall require Borrower to do any further act that has the effect of: changing the economic terms of the Mortgage Loan set forth in the related commitment letter between Borrower and Lender; imposing on Borrower or Guarantor greater personal liability under the Loan Documents than that set forth in the related commitment letter between Borrower and Lender; or materially changing the rights and obligations of Borrower or Guarantor under the commitment letter. Financing Statements; Record Searches. Borrower shall pay all costs and expenses associated with: any filing or recording of any financing statements, including all continuation statements, termination statements, and amendments or any other filings related to security interests in or liens on collateral; and any record searches for financing statements that Lender may require. Borrower hereby authorizes Lender to file any financing statements, continuation statements, termination statements, and amendments (including an “all assets” or “all personal property” collateral description or words of similar import) in form and substance as Lender may require in order to protect and preserve Lender’s lien priority and security interest in the Mortgaged Property (and to the extent Lender has filed any such financing statements, continuation statements, or amendments prior to the Effective Date, such filings by Lender are hereby authorized and ratified by Borrower).
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Corrective Actions. Within ten (10) days after request by LenderXxxxxx, Borrower shall provide, or cause to be provided, to Lender, at Borrower’s cost and expense, such further documentation or information reasonably deemed necessary or appropriate by Lender in the exercise of its rights under the related commitment letter between Borrower and Lender or to correct patent mistakes in the Loan Documents, the Title Policy, or the funding of the Mortgage Loan. Sale of Mortgage Loan. Borrower shall, subject to Section 5.2(bbb5.02(d) below: comply with the reasonable requirements of Lender or any Investor of the Mortgage Loan or provide, or cause to be provided, to Lender or any Investor of the Mortgage Loan within ten (10) days after the request, at Borrower’s cost and expense, such further documentation or information as Lender or Investor may reasonably require, in order to enable: Lender to sell the Mortgage Loan to such Investor; Lender to obtain a refund of any commitment fee from any such Investor; or any such Investor to further sell or securitize the Mortgage Loan; ratify and affirm in writing the representations and warranties set forth in any Loan Document as of such date specified by Lender modified as necessary to reflect changes that have occurred subsequent to the Effective Date; confirm that Borrower Xxxxxxxx is not in default in paying the Indebtedness or in performing or observing any of the covenants or agreements contained in this Loan Agreement or any of the other Loan Documents (or, if Borrower is in default, describing such default in reasonable detail); and execute and deliver to Lender and/or any Investor such other documentation, including any amendments, corrections, deletions, or additions to this Loan Agreement or other Loan Document(s) as is reasonably required by Lender or such Investor. Limitations on Further Acts of Borrower. Nothing in Section 5.2(zz5.02(b) and Section 5.2(aaa5.02(c) shall require Borrower to do any further act that has the effect of: changing the economic terms of the Mortgage Loan set forth in the related commitment letter between Borrower Xxxxxxxx and LenderXxxxxx; imposing on Borrower or Guarantor greater personal liability under the Loan Documents than that set forth in the related commitment letter between Borrower and Lender; or materially changing the rights and obligations of Borrower or Guarantor under the commitment letter. Financing Statements; Record Searches. Borrower shall pay all costs and expenses associated with: any filing or recording of any financing statements, including all continuation statements, termination statements, and amendments or any other filings related to security interests in or liens on collateral; and any record searches for financing statements that Lender may require. Borrower hereby authorizes Lender to file any financing statements, continuation statements, termination statements, and amendments (including an “all assets” or “all personal property” collateral description or words of similar import) in form and substance as Lender may require in order to protect and preserve Lender’s lien priority and security interest in the Mortgaged Property (and to the extent Lender has filed any such financing statements, continuation statements, or amendments prior to the Effective Date, such filings by Lender are hereby authorized and ratified by Borrower).
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Corrective Actions. Within ten (10) days after request by Lender, Borrower shall provide, or cause to be provided, to Lender, at Borrower’s cost and expense, such further documentation or information reasonably deemed necessary or appropriate by Lender in the exercise of its rights under the related commitment letter between Borrower and Lender or to correct patent mistakes in the Loan Documents, the Title Policy, or the funding of the Mortgage Loan. Sale of Mortgage Loan. Borrower shall, subject to Section 5.2(bbb5.02(d) below: comply with the reasonable requirements of Lender or any Investor of the Mortgage Loan or provide, or cause to be provided, to Lender or any Investor of the Mortgage Loan within ten (10) days after the request, at Borrower’s cost and expense, such further documentation or information as Lender or Investor may reasonably require, in order to enable: Lender to sell the Mortgage Loan to such Investor; Lender to obtain a refund of any commitment fee from any such Investor; or any such Investor to further sell or securitize the Mortgage Loan; ratify and affirm in writing the representations and warranties set forth in any Loan Document as of such date specified by Lender modified as necessary to reflect changes that have occurred subsequent to the Effective Date; confirm that Borrower is not in default in paying the Indebtedness or in performing or observing any of the covenants or agreements contained in this Loan Agreement or any of the other Loan Documents (or, if Borrower is in default, describing such default in reasonable detail); and execute and deliver to Lender and/or any Investor such other documentation, including any amendments, corrections, deletions, or additions to this Loan Agreement or other Loan Document(s) as is reasonably required by Lender or such Investor. Limitations on Further Acts of Borrower. Nothing in Section 5.2(zz5.02(b) and Section 5.2(aaa5.02(c) shall require Borrower to do any further act that has the effect of: changing the economic terms of the Mortgage Loan set forth in the related commitment letter between Borrower and Lender; imposing on Borrower or Guarantor greater personal liability under the Loan Documents than that set forth in the related commitment letter between Borrower and Lender; or materially changing the rights and obligations of Borrower or Guarantor under the commitment letter. Financing Statements; Record Searches. Borrower shall pay all costs and expenses associated with: any filing or recording of any financing statements, including all continuation statements, termination statements, and amendments or any other filings related to security interests in or liens on collateral; and any record searches for financing statements that Lender may require. Borrower hereby authorizes Lender to file any financing statements, continuation statements, termination statements, and amendments (including an “all assets” or “all personal property” collateral description or words of similar import) in form and substance as Lender may require in order to protect and preserve Lender’s lien priority and security interest in the Mortgaged Property (and to the extent Lender has filed any such financing statements, continuation statements, or amendments prior to the Effective Date, such filings by Lender are hereby authorized and ratified by Borrower).
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Corrective Actions. Within ten (10) days after request by Lender, Borrower each Obligor shall provide, or cause to be provided, to Lender, at Borrowersuch Obligor’s cost and expense, such further documentation or information reasonably deemed necessary or appropriate by Lender in the exercise of its rights under the related commitment letter between Borrower among Borrower, IDOT Guarantor, and Lender or to correct patent mistakes in the Loan Documents, the Title Policy, or the funding of the Mortgage Loan. Sale of Mortgage Loan. Borrower Each Obligor shall, subject to Section 5.2(bbb5.2(zz) below: comply with the reasonable requirements of Lender or any Investor of the Mortgage Loan or provide, or cause to be provided, to Lender or any Investor of the Mortgage Loan within ten (10) days after of the request, at Borrowersuch Obligor’s cost and expense, such further documentation or information as Lender or Investor may reasonably require, in order to enable: Lender to sell the Mortgage Loan to such Investor; Lender to obtain a refund of any commitment fee from any such Investor; or any such Investor to further sell or securitize the Mortgage Loan; ratify and affirm in writing the representations and warranties set forth in any Loan Document as of such date specified by Lender modified as necessary to reflect changes that have occurred subsequent to the Effective Date; confirm that Borrower is not in default in paying the Indebtedness or Indebtedness, and that no Obligor is in default in performing or observing any of the covenants or agreements contained in this Loan Agreement or any of the other Loan Documents (or, if Borrower any Obligor is in default, describing such default in reasonable detail); and execute and deliver to Lender and/or any Investor such other documentation, including any amendments, corrections, deletions, or additions to this Loan Agreement or other Loan Document(s) as is reasonably required by Lender or such Investor. Limitations on Further Acts of BorrowerObligors. Nothing in Section 5.2(zz5.2(xx) and Section 5.2(aaa5.2(yy) shall require Borrower any Obligor to do any further act that has the effect of: changing the economic terms of the Mortgage Loan set forth in the related commitment letter between Borrower among Borrower, IDOT Guarantor, and Lender; imposing on Borrower any Obligor or Guarantor greater personal liability under the Loan Documents than that set forth in the related commitment letter between Borrower among Borrower, IDOT Guarantor, and Lender; or materially changing the rights and obligations of Borrower Borrower, IDOT Guarantor, or Guarantor under the commitment letter.
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Corrective Actions. Within ten (10) days after request by Lender, Borrower shall provide, or cause to be provided, to Lender, at Borrower’s cost and expense, such further documentation or information reasonably deemed necessary or appropriate by Lender in the exercise of its rights under the related commitment letter between Borrower and Lender or to correct patent mistakes in the Loan Documents, the Title Policy, or the funding of the Mortgage Loan. Compliance with Investor Requirements. Without limiting the generality of subsections (6) and (7) above, Borrower shall, subject to Section 5.2(xx) below, take all reasonable actions necessary to comply with the requirements of Lender to enable Lender to sell any MBS backed by the Mortgage Loan or create or maintain the expected federal income tax treatment of any MBS trust that directly or indirectly holds the Mortgage Loan and issues MBS as a Fixed Investment Trust or REMIC, as the case may be, within the meaning of the Treasury Regulations. Sale of Mortgage Loan. Borrower shall, subject to Section 5.2(bbb5.2(xx) below: comply with the reasonable requirements of Lender or any Investor of the Mortgage Loan or provide, or cause to be provided, to Lender or any Investor of the Mortgage Loan within ten (10) days after the request, at Borrower’s cost and expense, such further documentation or information as Lender or Investor may reasonably require, in order to enableto: enable Lender to sell the Mortgage Loan or participation interests therein to such Investor; enable Lender to obtain a refund of any commitment fee from any such Investor; or enable any such Investor to further sell or securitize the Mortgage Loan; or create or maintain the expected federal income tax treatment of any MBS trust that directly or indirectly holds the Mortgage Loan and issues MBS as a Fixed Investment Trust or REMIC, as the case may be, within the meaning of the Treasury Regulations; ratify and affirm in writing the representations and warranties set forth in any Loan Document as of such date specified by Lender modified as necessary to reflect changes that have occurred subsequent to the Effective Date; confirm that Borrower is not in default in paying the Indebtedness or in performing or observing any of the covenants or agreements contained in this Loan Agreement or any of the other Loan Documents (or, if Borrower is in default, describing such default in reasonable detail); and execute and deliver to Lender and/or any Investor such other documentation, including any amendments, corrections, deletions, or additions to this Loan Agreement or other Loan Document(s) as is reasonably required by Lender or such Investor. Limitations on Further Acts of Borrower. Nothing in Section 5.2(zz5.2(vv) and Section 5.2(aaa5.2(ww) shall require Borrower to do any further act that has the effect of: changing the economic terms of the Mortgage Loan set forth in the related commitment letter between Borrower and Lender; imposing on Borrower or Guarantor greater personal liability under the Loan Documents than that set forth in the related commitment letter between Borrower and Lender; or materially changing the rights and obligations of Borrower or Guarantor under the commitment letter. Financing Statements; Record Searches. Borrower shall pay all costs and expenses associated with: any filing or recording of any financing statements, including all continuation statements, termination statements, and amendments or any other filings related to security interests in or liens on collateral; and any record searches for financing statements that Lender may require. Borrower hereby authorizes Lender to file any financing statements, continuation statements, termination statements, and amendments (including an “all assets” or “all personal property” collateral description or words of similar import) in form and substance as Lender may require in order to protect and preserve Lender’s lien priority and security interest in the Mortgaged Property (and to the extent Lender has filed any such financing statements, continuation statements, or amendments prior to the Effective Date, such filings by Lender are hereby authorized and ratified by Borrower).
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Corrective Actions. Within ten (10) days after request by Lender, Borrower shall provide, or cause to be provided, to Lender, at Borrower’s cost and expense, such further documentation or information reasonably deemed necessary or appropriate by Lender in the exercise of its rights under the related commitment letter between Borrower and Lender or to correct patent mistakes in the Loan Documents, the Title Policy, or the funding of the Mortgage Loan. Sale of Mortgage Loan. Borrower shall, subject to Section 5.2(bbb5.2(zz) below: comply with the reasonable requirements of Lender or any Investor of the Mortgage Loan or provide, or cause to be provided, to Lender or any Investor of the Mortgage Loan within ten (10) days after the request, at Borrower’s cost and expense, such further documentation or information as Lender or Investor may reasonably require, in order to enable: Lender to sell the Mortgage Loan to such Investor; Lender to obtain a refund of any commitment fee from any such Investor; or any such Investor to further sell or securitize the Mortgage Loan; ratify and affirm in writing the representations and warranties set forth in any Loan Document as of such date specified by Lender modified as necessary to reflect changes that have occurred subsequent to the Effective Date; confirm that Borrower is not in default in paying the Indebtedness or in performing or observing any of the covenants or agreements contained in this Loan Agreement or any of the other Loan Documents (or, if Borrower is in default, describing such default in reasonable detail); and execute and deliver to Lender and/or any Investor such other documentation, including any amendments, corrections, deletions, or additions to this Loan Agreement or other Loan Document(s) as is reasonably required by Lender or such Investor. Limitations on Further Acts of Borrower. Nothing in Section 5.2(zz5.2(xx) and Section 5.2(aaa5.2(yy) shall require Borrower to do any further act that has the effect of: changing the economic terms of the Mortgage Loan set forth in the related commitment letter between Borrower and Lender; imposing on Borrower or Guarantor greater personal liability under the Loan Documents than that set forth in the related commitment letter between Borrower and Lender; or materially changing the rights and obligations of Borrower or Guarantor under the commitment letter. Financing Statements; Record Searches. Borrower shall pay all costs and expenses associated with: any filing or recording of any financing statements, including all continuation statements, termination statements, and amendments or any other filings related to security interests in or liens on collateral; and any record searches for financing statements that Lender may require. Borrower hereby authorizes Lender to file any financing statements, continuation statements, termination statements, and amendments (including an “all assets” or “all personal property” collateral description or words of similar import) in form and substance as Lender may require in order to protect and preserve Lender’s lien priority and security interest in the Mortgaged Property (and to the extent Lender has filed any such financing statements, continuation statements, or amendments prior to the Effective Date, such filings by Lender are hereby authorized and ratified by Borrower).
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