Modifications of the Loan Documents. The Loan Documents are hereby modified as follows:
Modifications of the Loan Documents. (a) Each of the Loan Documents are hereby modified such that each Loan Document which provides addresses for Lender and Borrower, together with the addresses for the mailing of copies of any notices provided to such parties thereunder, are hereby deleted in their entirety and the following substituted in lieu thereof: “If to Borrower: KPA HS Anaheim LLC c/o Innkeepers USA Limited Partnership 000 Xxxxx Xxxxxxxxx Xxx, Xxxxx 000, Xxxx Xxxxx, Xxxxxxx 00000 Attn: Xxxx X. Xxxxxx With a copy by the same means sent simultaneously to: Xxxxx Xxxxxxx Xxxx Xxxxxx Xxxxxxx & Xxxxxx LLP 1901 Avenue of the Stars Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attn: Xxxxx X. Xxxxxx, Esq. If to Operating Lessee: KPA Anaheim Orange Lessee LLC c/o Innkeepers USA Limited Partnership 000 Xxxxx Xxxxxxxxx Xxx, Xxxxx 000, Xxxx Xxxxx, Xxxxxxx 00000 Attn: Xxxx X. Xxxxxx With a copy by the same means sent simultaneously to: Xxxxx Xxxxxxx Xxxx Xxxxxx Xxxxxxx & Xxxxxx LLP 1901 Avenue of the Stars Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attn: Xxxxx X. Xxxxxx, Esq. If to Lender: Xxxxx Fargo Bank, N.A., as Trustee for the Registered Holders of Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 2005-C5 c/o Capmark Finance Inc. 000 Xxxxxx Xxxx Horsham Pennsylvania 19044 Attn: Client Relations Manager – Loan No. 00-0000000 And with a copy by the same means sent simultaneously to: Xxxxxx Xxxxxx Xxxxxxxx LLP 0000 Xxxxxx Xxxxxxxxx Street, N.W. Suite 700, East Lobby Washington, DC 20007-5201 Attn: Xxxxxxxxxxx X. Xxxx, Esq. or to any other person or address in the continental United States of America, Alaska or Hawaii as either such party may designate as its address for the receipt of notices hereunder in a written notice duly given to the other parties.”
Modifications of the Loan Documents a. Any and all references to “Beacon Capital Strategic Partners IV, L.P.” in the definition of “Transfer” in Section 1.01 of the Mortgage are hereby replaced with “Behringer Harvard Operating Partnership I LP.”
Modifications of the Loan Documents a. Section 8.2(b) of the Loan Agreement is hereby deleted in its entirety and restated as follows: “Notwithstanding Section 8.2(a) or anything else in this Agreement or the other Loan Documents to the contrary, there shall be no limit on the ability of the direct or indirect owners of Borrower (including, without limitation, the direct and indirect owners of Behringer Harvard Operating Partnership I LP, a Texas limited partnership (“Behringer LP”)) to Transfer (including, without limitation, pledge) their direct or indirect interests in Borrower (including, without limitation, direct or indirect interests in Behringer LP) without the consent of or notice to Lender, the Rating Agencies or any other Person provided that if, after giving effect to such pledge or transfer and all prior pledges or transfers, more than forty nine percent (49%) in the aggregate of direct or indirect interests in Borrower are owned by any Person and its Affiliates that owned less than a forty nine percent (49%) direct or indirect interest in Borrower as of November 1, 2007, Lender shall receive a non-consolidation opinion acceptable to the Rating Agencies (or if no Securities are outstanding at the time, acceptable to Lender in its reasonable discretion); provided, further, however, that the following entities may not pledge their direct or indirect interests in Borrower except in connection with a Mezzanine Loan: Behringer Harvard 000 Xxxxx Xxxxxx Xxxxx, LLC, Behringer Harvard 000 Xxxxx Xxxxxx Xxxxx Holding Business Trust, and Behringer LP.”
Modifications of the Loan Documents. The Mortgage is hereby modified as follows: (a) Section 14.1 of the Mortgage is hereby deleted in its entirety and the following substituted in its stead: “14.1
