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, Principal or Owner which might materially adversely affect Borrower, Borrower Representative’s or Owner’s condition (financial or otherwise) or business or the Property or the Pledged Collateral; (ii) any material adverse change in Borrower’s, Borrower Representative’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: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, Principal, 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, reasonably requested, from time to time, by Lender. In addition, after request by 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) within thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Borrower Notices and Deliveries. Borrower shall (and shall cause Operating Tenant to) (a) give prompt written notice to Lender of: (i) any litigation, governmental proceedings or claims or investigations pending or to Borrower’s knowledge, threatened against Borrower, Principal Operating Tenant or Owner Sole Member which might materially adversely affect Borrower’s, Borrower RepresentativeOperating Tenant’s or OwnerSole Member’s condition (financial or otherwise) or business or the Property or the Pledged CollateralProperty; (ii) any material adverse change in Borrower’s, Borrower Representative’s, Operating Tenant’s or OwnerSole Member’s condition, financial or otherwise, or of the occurrence of any Default or Event of Default of which Borrower or Operating Tenant has knowledge; and (b) furnish and provide to Lender: (i) Lender any Securities and Exchange Commission or other public filings, if any, of filings by Borrower, PrincipalOperating Tenant, OwnerSole Borrower Member, ManagerSole OT Member, Manager or any Affiliate of any of the foregoing Guarantor, within two (2) Business Days of such filing, if such filing is a quarterly 10Q (or its equivalent) filed with the Securities and (ii) all instrumentsExchange Commission, documents, boundary surveys, footing or foundation surveys, certificates, plans and specifications, appraisals, title and other insurance reports and agreements, reasonably requested, from time a public filing that relates to time, by Lendera material adverse effect on any of said parties. In addition, after request by 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) within thirty (30) days30 Business Days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the Property under a Commercial Lease in form and substance reasonably satisfactory to LenderLender to the extent that such Tenant is required to provide the same under its Lease.

Appears in 1 contract

Sources: Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)

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, Principal or Sole Member or Owner which might materially adversely affect Borrower’s, Borrower Representativeor Sole Member’s or Owner’s condition (financial or otherwise) or business or the Property or the Pledged Collateral; (ii) any material adverse change in Borrower’s, Borrower Representative’s, or 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: (i) any Securities and Exchange Commission or other public filings, if any, of Borrower, PrincipalSole Member, 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, 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 thirty (30) days, tenant estoppel certificates addressed to Lender, its successors and assigns from each tenant at the Property in form and substance reasonably satisfactory to Lender.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)