Assignments of Mortgages. Upon the request of Borrower in connection with the release of any Release Property pursuant to the provisions of this Agreement and payment of all amounts due and payable to Administrative Agent and Lenders with respect thereto pursuant to this Agreement, the other Loan Documents or the Fee Letter, Administrative Agent agrees to cooperate, at Borrower’s sole cost and expense (including Administrative Agent’s reasonable attorneys’ fees and disbursements), to provide an assignment of the Mortgage with respect to such Release Property without representation or warranty (other than that it is the holder of such Mortgage and such Mortgage is not presently assigned, pledged or otherwise encumbered) and without recourse in lieu of the release.
Appears in 2 contracts
Sources: Loan Agreement (Excel Trust, L.P.), Loan Agreement (Excel Trust, L.P.)