Assumption of Collateral Pool. Notwithstanding paragraph (a) of this Section, a Transfer of the entire Collateral Pool may be permitted with the prior written consent of Lender if each of the following requirements is satisfied: (i) the transferee (“New Collateral Pool Borrower”) is a Single-Purpose entity, is not directly or indirectly owned by and is not a Prohibited Person and executes an assumption agreement that is acceptable to Lender pursuant to which such New Collateral Pool Borrower assumes all obligations of Borrower under all the applicable Loan Documents and Supplemental Loan Documents; (ii) the applicable Loan Documents and Supplemental Loan Documents shall be amended and restated as deemed necessary or appropriate by Lender to meet the then-applicable requirements of ▇▇▇▇▇▇ ▇▇▇; provided, however, any waivers granted in connection with the Term Loan or Supplemental Loan will not be reinstated unless specifically approved by Lender and ▇▇▇▇▇▇ Mae; (iii) after giving effect to the assumption, the requirements of Section 6.05 and the General Conditions contained in Section 6.01 shall be satisfied; (iv) New Collateral Pool Borrower shall make such deposits to the reserves or escrow funds established under the Loan Documents and Supplemental Loan Documents, including replacement reserves, completion/repair reserves, and all other required escrow and reserve funds at such times and in such amounts as determined by Lender at the time of the assumption;
Appears in 1 contract
Sources: Master Credit Facility Agreement (Senior Housing Properties Trust)
Assumption of Collateral Pool. Notwithstanding paragraph (a) of this Section, a Transfer of the entire Collateral Pool may be permitted with the prior written consent of Lender if each of the following requirements is satisfied:
(i) the transferee (“New Collateral Pool Borrower”) is a Single-Purpose entity, is not directly or indirectly owned by and is not a Prohibited Person and executes an assumption agreement that is acceptable to Lender pursuant to which such New Collateral Pool Borrower assumes all obligations of Borrower under all the applicable Loan Documents and Supplemental Loan Documents;
(ii) the applicable Loan Documents and Supplemental Loan Documents shall be amended and restated as deemed necessary or appropriate by Lender to meet the then-applicable requirements of ▇F▇▇▇▇▇ ▇M▇▇; provided, however, any waivers granted in connection with the Term Loan or Supplemental execution and delivery of this Agreement and/or the Loan will not be reinstated unless specifically approved by Lender and ▇F▇▇▇▇▇ Mae;
(iii) after giving effect to the assumption, the requirements of Section 6.05 and the General Conditions contained in Section 6.01 shall be satisfied;
(iv) New Collateral Pool Borrower shall make such deposits to the reserves or escrow funds established under the Loan Documents and Supplemental Loan Documents, including replacement reserves, completion/repair reserves, and all other required escrow and reserve funds at such times and in such amounts as determined by Lender at the time of the assumption;
Appears in 1 contract
Sources: Master Credit Facility Agreement (Brookdale Senior Living Inc.)
Assumption of Collateral Pool. Notwithstanding paragraph (a) of this SectionSection 8.14(a), a Transfer of the entire Collateral Pool may be permitted with the prior written consent of Lender if each of the following requirements is satisfied:
(i) the transferee (“New Collateral Pool Borrower”) is a Single-Single Purpose entity, is not directly or indirectly owned by and is not a Prohibited Person Person, and executes an assumption agreement that is acceptable to Lender pursuant to which such New Collateral Pool Borrower assumes all obligations of a Borrower under all the applicable Loan Documents and Supplemental Loan Documents;
(ii) the applicable Loan Documents and Supplemental Loan Documents shall be amended and restated as deemed necessary or appropriate by Lender to meet the then-applicable requirements of ▇▇▇▇▇▇ ▇▇▇; provided, however, any waivers granted in connection with the Term Loan or Supplemental Loan any Advances will not be reinstated unless specifically approved by Lender and ▇▇▇▇▇▇ Mae;
(iii) after giving effect to the assumption, the requirements of Section 6.05 and the General Conditions contained in Section 6.01 5.01 shall be satisfied;
(iv) New Collateral Pool Borrower shall make such deposits to the reserves or escrow funds established under the Loan Documents and Supplemental Loan Documents, including replacement reserves, completion/repair reserves, and all other required escrow and reserve funds at such times and in such amounts as determined by Lender at the time of the assumption;
Appears in 1 contract
Sources: Master Credit Facility Agreement (Newcastle Investment Corp)