Common use of Accordion Clause in Contracts

Accordion. Section 2.7 of the Loan Agreement is hereby deleted therefrom in its entirety and is of no further force and effect. Lenders hereby acknowledge and agree that the following conditions to the Accordion have been waived solely with respect to the increase of the Loan Amount pursuant to this Third Amendment: (a) the Loan-to-Value Ratio, based upon an updated Appraisal ordered by Agent at Borrower’s expense, not exceeding fifty percent (50%) on an “as is” basis and (b) the NOI of the Property providing for a Debt Yield of not less than sixteen percent (16%) based on the Loan Amount.

Appears in 3 contracts

Sources: Loan Agreement (Empire State Building Associates L.L.C.), Loan Agreement (Empire State Realty OP, L.P.), Loan Agreement (Empire State Realty Trust, Inc.)