TO THIS PROVISION SHALL BE DISTRIBUTED TO BORROWER.
(D)
BORROWER SHALL BE RESPONSIBLE FOR ALL COSTS
ASSOCIATED WITH THE CASH MANAGEMENT ARRANGEMENTS, INCLUDING LENDER'S COST AND
EXPENSE, IF ANY, FOR ANY ACCOUNTS THEREFORE.
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(E)
THE INSUFFICIENCY OF FUNDS, IF ANY,
DELIVERED TO OR DEPOSITED WITH LENDER OR LENDER'S SERVICER PURSUANT TO THESE
PROVISIONS SHALL NOT RELIEVE BORROWER, IN WHOLE OR IN PART, OF ANY OF ITS
OBLIGATIONS PURSUANT TO THIS LOAN AGREEMENT OR THE OTHER LOAN DOCUMENTS,
INCLUDING WITHOUT LIMITATION, THE OBLIGATION TO MAKE PAYMENTS AS AND WHEN DUE
AND PAYABLE PURSUANT TO THE LOAN DOCUMENTS.
(F)
FOR PURPOSES OF THIS SECTION 5.3, THE
FOLLOWING TERMS SHALL HAVE THE MEANINGS SET FORTH BELOW:
(1)
"COMMITMENT" SHALL MEAN AND REFER TO A
FULLY EXECUTED WRITTEN COMMITMENT FOR THE REFINANCING OF THE ENTIRE OUTSTANDING
PRINCIPAL BALANCE OF THE LOAN, TOGETHER WITH ALL ACCRUED INTEREST THEREON, FROM
AN INSTITUTIONAL LENDER.
(2)
"EXCESS RENT PROCEEDS" SHALL MEAN, AS
OF ANY DATE OF DETERMINATION THEREOF, THE EXCESS, IF ANY, OF (A) RENT RECEIVED
BY LENDER OR ITS SERVICER FOR SUCH MONTH, OVER (B) ALL AMOUNTS DUE AND PAYABLE
BY BORROWER HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS, INCLUDING WITHOUT
LIMITATION, THE MONTHLY PAYMENT OF INTEREST AND ANY MONTHLY DEPOSITS TO RESERVES
REQUIRED HEREUNDER OR UNDER THE OTHER LOAN DOCUMENTS, IF ANY.
EXCESS RENT
PROCEEDS SHALL BE DETERMINED BY LENDER OR ITS SERVICER AS OF EACH PAYMENT DATE.
(3)
"RESTRICTIVE CONDITION" SHALL MEAN AND
REFER TO THE OCCURRENCE OF ANY OF THE FOLLOWING:
(A) AN EVENT OF DEFAULT
HEREUNDER OR UNDER ANY OF THE OTHER LOAN DOCUMENTS, (B) BORROWER (I) FAILS TO
PROVIDE LENDER WITH A COMMITMENT ON OR PRIOR TO THE REFINANCE NOTIFICATION DATE,
OR (II) PROVIDES LENDER WITH A COMMITMENT ON OR PRIOR TO THE REFINANCE
NOTIFICATION DATE AND THE VOID COMMITMENT DATE OCCURS, BUT IN ALL EVENTS IF NOT
THEN IN EFFECT, A RESTRICTIVE CONDITION SHALL COMMENCE ON THE MATURITY
ANTICIPATED REPAYMENT DATE .
(4)
"REFINANCE NOTIFICATION DATE" SHALL
MEAN THREE (3) MONTHS PRIOR TO THE MATURITY ANTICIPATED REPAYMENT DATE.
(5)
"VOID COMMITMENT DATE" SHALL MEAN THE
DATE, IF ANY, UPON WHICH THE COMMITMENT LAPSES, TERMINATES OR IS OTHERWISE
WITHDRAWN.
(6)
"CASH MANAGEMENT TERMINATION EVENT"
SHALL MEAN THAT LENDER HAS ACCEPTED IN WRITING BORROWER'S CURE OF THE EVENT OF
DEFAULT WHICH WAS THE BASIS FOR THE OCCURRENCE OF THE RESTRICTIVE CONDITION (IT
BEING UNDERSTOOD THAT THIS PROVISION DOES NOT, AND IS NOT INTENDED TO, CREATE OR
IMPOSE ANY OBLIGATION ON LENDER'S PART TO ACCEPT SUCH CURE), AND THERE SHALL NOT
THEN EXIST ANY OTHER EVENT OF DEFAULT, PROVIDED, HOWEVER, THAT UNDER NO
CIRCUMSTANCES SHALL THERE BE MORE THAN TWO (2) CASH MANAGEMENT TERMINATION
EVENTS DURING THE TERM OF THE LOAN.
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ARTICLE
VI
INSURANCE; CASUALTY; CONDEMNATION
SECTION 6.1.
INSURANCE.
(A)
BORROWER SHALL
OBTAIN AND MAINTAIN OR SHALL CAUSE ANCHOR TENANT TO OBTAIN AND MAINTAIN
INSURANCE FOR BORROWER AND THE PROPERTY PROVIDING AT LEAST THE FOLLOWING
COVERAGES:
(I)
COMPREHENSIVE ALL RISK INSURANCE ON THE
IMPROVEMENTS AND THE PERSONAL PROPERTY, INCLUDING CONTINGENT