THE AGENT AN UPDATED 'REAL PROPERTY - USA' MORTGAGE TABLE,
PREPARED BY THE OBLIGORS (THE "MORTGAGE TABLE"), WITHIN 20 BUSINESS DAYS AFTER
THE EFFECTIVE DATE IN A FORM APPROVED BY THE AGENT THAT INCLUDES THE FOLLOWING
COLUMNS:
(A)
REAL PROPERTY - USA OWNED OR LEASED BY AN OBLIGOR;
(B)
ENTITY OF RECORD;
(C)
LEASEHOLD OR FREEHOLD;
(D)
LESSOR (IF APPLICABLE);
(E)
CONSENT TO MORTGAGE OR AMEND MORTGAGE REQUIRED (YES / NO), INCLUDING, IF
YES, REFERENCES TO APPLICABLE SECTION(S) REQUIRING CONSENT AND, IF THE AGENT
REQUESTS IT, ATTACHING THE LEASE OR CONSENT DOCUMENT TO WHICH THE APPLICABLE
SECTION(S) RELATE OR, IF ACCEPTABLE TO THE AGENT, EITHER EXTRACTS OF SUCH
DOCUMENTS OR SUCH OTHER INFORMATION SUBSTANTIATING THE REQUIREMENT FOR CONSENT;
(F)
CONSENT OBTAINED (YES / NO / NOT APPLICABLE), INCLUDING IF YES, A COPY OF
THE CONSENT OBTAINED (BUT A COPY OF A CONSENT NEED ONLY BE PROVIDED ONCE);
(G)
MORTGAGE RECORDED (YES / NO); AND
(H)
COMMENTS, INCLUDING DETAILED PARTICULARS OF EFFORTS MADE TO OBTAIN ANY
CONSENTS AND, WHERE A NECESSARY CONSENT HAS NOT BEEN OBTAINED, THE OBLIGORS'
ASSESSMENT OF THE PROSPECTS OF OBTAINING THAT CONSENT WITH FURTHER REASONABLE
COMMERCIAL ENDEAVOURS;
(2)
EXCEPT IN RELATION TO A RELEVANT ASSET IN RESPECT OF WHICH THE AGENT HAS
AGREED A REQUEST UNDER CLAUSE 7.3, PREPARE AND ISSUE WITHIN 20 BUSINESS DAYS
AFTER THE EFFECTIVE DATE, COMMUNICATIONS TO PARTIES FROM WHOM CONSENT IS
REQUIRED AS IDENTIFIED IN THE MORTGAGE TABLE AND PROVIDE A COPY OF THAT
COMMUNICATION TO THE AGENT WITHIN 5 BUSINESS DAYS AFTER ISSUING THAT
COMMUNICATION;
(3)
PROVIDE TO THE AGENT AN UPDATED MORTGAGE TABLE, INCLUDING AN UPDATED
"COMMENTS" COLUMN, WITHIN 5 BUSINESS DAYS AFTER THE END OF EACH CALENDAR
QUARTER, COMMENCING THE QUARTER ENDING 31 DECEMBER 2019, UNTIL OTHERWISE AGREED
BETWEEN THE OBLIGORS AND THE AGENT;
(4)
EXCEPT IN RELATION TO A RELEVANT ASSET IN RESPECT OF WHICH THE AGENT HAS
AGREED A REQUEST UNDER CLAUSE 7.3, PREPARE FOLLOW UP COMMUNICATIONS (INCLUDING
COMMUNICATIONS TO RESPONSES THAT MAY HAVE BEEN RECEIVED FROM THE COMMUNICATIONS
REFERRED TO IN CLAUSE 7.1(2)) TO PARTIES FROM WHOM CONSENT IS REQUIRED AS
IDENTIFIED IN THE MORTGAGE TABLE, NO LESS FREQUENTLY THAN QUARTERLY AFTER THE
EFFECTIVE DATE UNTIL FURTHER NOTICE FROM THE AGENT;
(5)
UPON WRITTEN REQUEST FROM THE AGENT, ENSURE THAT ANY COMMUNICATIONS
ISSUED PURSUANT TO CLAUSE 7.1(2) AND CLAUSE 7.1(4) ARE IN A FORM AND SUBSTANCE
REASONABLY SATISFACTORY TO THE AGENT;
5
(6)
WHERE A CONSENT IS REQUIRED FROM A PARTY THAT HAS A CONSENT RIGHT (AS
IDENTIFIED IN THE MORTGAGE TABLE), USE REASONABLE COMMERCIAL ENDEAVOURS, TO
PURSUE A CONSENT THAT EXTENDS TO FUTURE INCREASED LIABILITIES UNDER THE FINANCE
DOCUMENTS OR THAT OTHERWISE AVOIDS THE NEED TO OBTAIN SUBSEQUENT CONSENTS FOR
SUCH INCREASES;
(7)
NOT REGISTER ANY MORTGAGE OR DEED OF TRUST WITH A LIABILITY CAP THAT IS
LESS THAN THE AGGREGATE COMMITMENTS UNDER THE FACILITY AGREEMENT WITHOUT
APPROVAL BY THE AGENT OF THE AMOUNT OF THE LIABILITY CAP.
IF THE AGENT DOES NOT
APPROVE ANY PROPOSED LIABILITY CAP AND CONSENT REQUIRED FOR A MORTGAGE