Swap Documentation. Within the timeframes required by Lender and Swap Counterparty, Borrower shall deliver to Swap Counterparty the following documents and other items, executed and acknowledged as appropriate, all in form and substance satisfactory to Lender and Swap Counterparty: (a) Master Agreement in the form published by the International Swaps and Derivatives Association, Inc. and related schedule in the form agreed upon between Borrower (or its Affiliate) and Swap Counterparty; (b) a confirmation under the foregoing, if applicable; (c) a guaranty of the Obligations of Borrower under the Swap Contract or Swap Transaction executed by Guarantor in form and substance acceptable to Lender; (d) if Borrower (or its Affiliate) is anything other than a natural person, evidence of due authorization to enter into transactions under the foregoing Swap Contract with Swap Counterparty, together with evidence of due authorization and execution of any Swap Contract; and such other title endorsements, documents, instruments and agreements as Lender and Swap Counterparty may require to evidence satisfaction of the conditions set forth in this Section 1 of Schedule 7, including a swap endorsement to Lender’s title insurance policy in form and substance satisfactory to Lender.
Appears in 1 contract
Sources: Term Loan Agreement (Resource Real Estate Opportunity REIT II, Inc.)
Swap Documentation. Within the timeframes required by Lender and Swap Counterparty, Borrower shall deliver to Swap Counterparty the following documents and other items, executed and acknowledged as appropriate, all in form and substance satisfactory to Lender Administrative Agent and Swap Counterparty: (a) Master Agreement in the form published by the International Swaps and Derivatives Association, Inc. and related schedule in the form agreed upon between Borrower (or its Affiliate) and Swap Counterparty; (b) a confirmation under the foregoing, if applicable; (c) a guaranty of the Obligations of Borrower under an acknowledgment from Swap Counterparty agreeing, among other things, to pay to Administrative Agent all payments due from Swap Counterparty pursuant to the Swap Contract or Swap Transaction executed by Guarantor in form and substance acceptable to LenderContract; (d) if Borrower (or its Affiliate) is anything other than a natural personPerson, evidence of due authorization to enter into transactions under the foregoing Swap Contract with Swap Counterparty, together with evidence of due authorization and execution of any Swap Contract; and (e) such other title endorsements, documents, instruments instruments, opinions and agreements as Lender Administrative Agent and Swap Counterparty may require to evidence satisfaction of the conditions set forth in this Section 1 of Schedule 71, including a swap endorsement to Lender’s title insurance policy the Title Insurance in form and substance satisfactory to LenderAdministrative Agent to the extent available.
Appears in 1 contract
Sources: Loan Agreement (Skechers Usa Inc)