Common use of Borrower Notices and Deliveries Clause in Contracts

Borrower Notices and Deliveries. Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against Borrower, Sole Member or Owner which might materially adversely affect Borrower's, Sole Member's or Owner's condition (financial or otherwise) or business or the Collateral; (ii) any material adverse change in Borrower's, Sole Member's or Owner's condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge; and (b) furnish and provide to Lender all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements in Borrower’s control or possession and reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower shall furnish to Lender (but no more frequently than twice in any year), (x) within ten days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) within 30 days and upon reasonable request from Lender, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at any Property in form and substance reasonably satisfactory to Lender.

Borrower Notices and Deliveries. Borrower Borrowers shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against any Borrower, Sole Member, Managing Member, or Sole Member or Owner Principal which might materially adversely affect any Borrower's’s, Sole Member's ’s, Managing Member’s, or Owner's Sole Member Principal’s condition (financial or otherwise) or business or the Collateralany Property; (ii) any material adverse change in any Borrower's’s, Sole Member's ’s, Managing Member’s, or Owner's Sole Member Principal’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower has knowledge; and (b) furnish and provide to Lender Lender: (i) any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Member, Managing Member, Sole Member Principal, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements in Borrower’s control or possession and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower shall furnish to Lender (but no more frequently than twice once in any year), Borrowers shall furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of each Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) within 30 days and upon reasonable request from Lenderthirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at any each Property in form and substance reasonably satisfactory to Lender.

Borrower Notices and Deliveries. Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against Borrower, Borrower or Sole Member or Owner which might materially adversely affect Borrower's, ’s or Sole Member's or Owner's ’s condition (financial or otherwise) or business or the CollateralProperty; (ii) any material adverse change in Borrower's, ’s or Sole Member's or Owner's ’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge; and (b) furnish and provide to Lender Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Sole Member, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements in Borrower’s control or possession and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower shall furnish to Lender (but no more frequently than twice in any year), Borrower shall furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) during an Event of Default, within 30 days and upon reasonable request from Lenderthirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at any the Property in form and substance reasonably satisfactory to Lender.

Borrower Notices and Deliveries. Borrower Borrowers shall (a) give prompt written notice to Lender after obtaining actual knowledge of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower, any Borrower or Sole Member or Owner which might would reasonably be expected to materially adversely affect any Borrower's, ’s or Sole Member's or Owner's ’s condition (financial or otherwise) or business or the Collateralany Property; (ii) any material adverse change in any Borrower's, ’s or Sole Member's or Owner's ’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower has knowledgeknowledge and (iii) Event of Default of which a Borrower is aware, along with the nature of such Event of Default, the period of time such Event of Default has existed and the action then being taken by such Borrower to remedy such Event of Default; and (b) furnish and provide to Lender Lender: (i) any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Member, Property Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing, (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements in Borrower’s control or possession and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower shall furnish to Lender (but no more frequently than twice in any year), (x) within ten days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, in Borrowers’ actual possession or can be reasonably obtained by Borrowers at no more than a de minimis cost and (yiii) any notices it receives from HPD or DOF regarding the 421-a Tax Benefits within 30 days and upon reasonable request from Lender, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at any Property in form and substance reasonably satisfactory to Lenderfive (5) Business Days of receipt of same by Borrower.

Borrower Notices and Deliveries. Borrower shall shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against Borrower, Sole Member Borrower or Owner the OP (or any other Guarantor) or the REIT which might materially adversely affect Borrower's, Sole Member's ’s or Owner's the OP’s (or any other Guarantor’s) or the REIT’s condition (financial or otherwise) or business or the CollateralProperty; (ii) any material adverse change in Borrower's, Sole Member's ’s or Owner's the OP’s (or any other Guarantor’s) or the REIT’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge; and (b) furnish and provide to Lender Lender: (i) if requested by Lender, any Securities and Exchange Commission or other public filings, if any, of Borrower, the OP (or any other Guarantor), the REIT, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements in Borrower’s control or possession and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower shall furnish to Lender (but no more frequently than twice in any year), (xBorrower shall(x) furnish to Lender within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) within 30 days and upon thirty (30) days, use commercially reasonable request from Lender, efforts to obtain tenant estoppel certificates addressed to Lender, its successors and assigns from each commercial tenant at any the Property in form and substance reasonably satisfactory to Lender.

Borrower Notices and Deliveries. Borrower Borrowers shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against Borrower, Sole Member any Borrower or Owner the OP or the REIT which might materially adversely affect a Borrower's, Sole Member's ’s or Owner's the OP’s or the REIT’s condition (financial or otherwise) or business or the CollateralProperty; (ii) any material adverse change in a Borrower's, Sole Member's ’s or Owner's the OP’s or the REIT’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which a Borrower has knowledge; and (b) furnish and provide to Lender Lender: (i) if requested by Lender, any Securities and Exchange Commission or other public filings, if any, of any Borrower, the OP, the REIT, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements in Borrower’s control or possession and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower shall furnish to Lender (but no more frequently than twice in any year), Borrowers shall furnish to Lender (x) within ten days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower Borrowers set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) within 30 days and upon reasonable request from Lenderdays, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at any the Property in form and substance reasonably satisfactory to Lender.

Borrower Notices and Deliveries. Borrower Borrowers shall (a) give prompt written notice to Lender after obtaining actual knowledge of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower, any Borrower or Sole Member or Owner which might would reasonably be expected to materially adversely affect any Borrower's, ’s or Sole Member's or Owner's ’s condition (financial or otherwise) or business or the Collateralany Property; (ii) any material adverse change in any Borrower's, ’s or Sole Member's or Owner's ’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower has knowledgeknowledge and (iii) Event of Default of which a Borrower is aware, along with the nature of such Event of Default, the period of time such Event of Default has existed and the action then being taken by such Borrower to remedy such Event of Default; and (b) furnish and provide to Lender Lender: (i) any Securities and Exchange Commission or other public filings, if any, of any Borrower, Sole Member, Property Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements in Borrower’s control or possession and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower shall furnish to Lender (but no more frequently than twice in any year), (x) within ten days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) within 30 days and upon reasonable request from Lender, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant in Borrowers’ actual possession or can be reasonably obtained by Borrowers at any Property in form and substance reasonably satisfactory to Lenderno more than a de minimis cost.

Borrower Notices and Deliveries. Borrower Borrowers shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened in writing against Borrower, Sole Member any Borrower or Owner Borrower Representative which might materially adversely affect any Borrower's, Sole Member's or OwnerBorrower Representative's condition (financial or otherwise) or business or the Collateralany Property; (ii) any material adverse change in any Borrower's, Sole Member's or OwnerBorrower Representative's condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which any Borrower has knowledge; and (b) furnish and provide to Lender Lender; (i) any Securities and Exchange Commission or other public filings (including all registration statements, regular periodic reports, 10K's, 10Q's), if any, of any Borrower, Borrower Representative, Manager, or any Affiliate of any of the foregoing (including Lodgian and Impac Hotel Group) promptly upon their becoming available, and commencing with the first quarter of 2001, shall cause such filings to be filed when due, and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements in Borrower’s control Borrowers' possession or possession and control, reasonably requested, from time to time, by LenderLender with respect to the Properties. In addition, after request by Lender, Borrower shall furnish to Lender (but no more frequently than twice in any year), (x) within ten days, a certificate addressed Borrowers shall use its commercially reasonable best efforts to Lender, its successors obtain and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by furnish to Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) within 30 days and upon reasonable request from Lenderdays, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant under a Material Lease at any each Property in form and substance reasonably satisfactory to Lender.

Borrower Notices and Deliveries. Borrower shall (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against Borrower, Borrower or Sole Member or Owner which might materially adversely affect Borrower's, ’s or Sole Member's or Owner's ’s condition (financial or otherwise) or business or the CollateralProperty; and (ii) any material adverse change in Borrower's, ’s or Sole Member's or Owner's ’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge; and (b) furnish and provide to Lender Lender: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Sole Member, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements in Borrower’s control or possession and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower shall furnish to Lender (but no more frequently than twice in any year), Borrower shall furnish to Lender (x) within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) during an Event of Default, within 30 days and upon reasonable request from Lenderthirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at any the Property in form and substance reasonably satisfactory to Lender.. 47

Borrower Notices and Deliveries. Borrower shall (or shall cause Owner to) (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or threatened against Borrower, Sole Member Borrower or the OP (or any other Guarantor) or the REIT or Owner which might materially adversely affect Borrower's, Sole Member's ’s or the OP’s (or any other Guarantor’s) or the REIT’s or Owner's ’s condition (financial or otherwise) or business or the Collateral; (ii) any material adverse change in Borrower's, Sole Member's ’s or the OP’s (or any other Guarantor’s) or the REIT’s or Owner's ’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower has knowledge; and (b) furnish and provide to Lender Lender: (i) if requested by Lender, any Securities and Exchange Commission or other public filings, if any, of Borrower, the OP (or any other Guarantor), the REIT, Owner, Manager, or any Affiliate of any of the foregoing within two (2) Business Days of such filing and (ii) all instruments, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements in Borrower’s control or possession and agreements, reasonably requested, from time to time, by Lender. In addition, after request by Lender, Borrower shall furnish to Lender (but no more frequently than twice in any year), (xBorrower shall(x) furnish to Lender within ten (10) days, a certificate addressed to Lender, its successors and assigns reaffirming all representations and warranties of Borrower set forth in the Loan Documents as of the date requested by Lender or, to the extent of any changes to any such representations and warranties, so stating such changes, and (y) within 30 days and upon thirty (30) days, use commercially reasonable request from Lender, efforts to obtain tenant estoppel certificates addressed to Lender, its successors and assigns from each commercial tenant at any the Property in form and substance reasonably satisfactory to Lender.