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201903421
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Last modified
12/9/2019 6:30:05 PM
Creation date
6/13/2019 4:02:50 PM
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DEEDS
Inst Number
201903421
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201903421 <br />e. The term "LTV Covenant" shall mean the Loan to Value does not exceed <br />seventy percent (70%). In the event Borrower does not meet the required LTV Covenant, <br />Borrower may repay on or before March 1, 2021, or March 1, 2024 or March 1, 2025, as <br />applicable, principal amounts due under the Promissory Note in an amount which would satisfy <br />such requirement. <br />f. The Maturity Date of the Loan is March 31, 2021, but provided that there shall <br />be no existing Event of Default under the Loan Documents, the Maturity Date of the Loan, may <br />be extended by Borrower as follows: <br />(i) provided that Borrower is in compliance with the Debt Service Covenant <br />and the LTV Covenant, between February 1 and 15, 2021, Borrower may provide written <br />notice to Lender of Borrower's extension (the "First Extension") of the Maturity Date <br />from March 31, 2021 to March 31, 2024 (the "First Extended Maturity Date"), and in <br />such event, the Note Rate shall remain at 5.01% and the principal and interest payments <br />shall be based upon the remaining amortization of the Note; (ii) provided that Borrower is <br />in compliance with the Debt Service Covenant and the LTV Covenant, between March 1 <br />and 15, 2024, Borrower may provide written notice to Lender of Borrower's extension <br />(the "Second Extension") of the First Extended Maturity Date from March 31, 2024 to <br />March 31, 2025 (the "Second Extended Maturity Date"), and in such event, the Note Rate <br />shall be adjusted on the First Extended Maturity Date to a fixed rate equal two hundred <br />forty (240) basis points greater than the one year LIBOR (or such alternative reference <br />rate as described in the Third Modified Promissory Note) (the "Adjusted Note Rate") and <br />the Loan shall be amortized over the remaining amortization period of the Note; and (iii) <br />provided that Borrower is in compliance with the Debt Service Covenant and the LTV <br />Covenant, between March 1 and 15, 2025, Borrower may provide written notice to <br />Lender of Borrower's extension (the "Third Extension") of the Second Extended <br />Maturity Date from March 31, 2025 to March 31, 2026 (the "Third Extended Maturity <br />Date"), and in such event, the Adjusted Note Rate shall be adjusted on the Second <br />Extended Maturity Date to a fixed rate equal to two hundred forty (240) basis points <br />greater than the one year LIBOR (or alternative reference rate as described in the Third <br />Modified Promissory Note) and the Loan shall be amortized over the remaining <br />amortization period of the Note. <br />g. Lender has waived the Debt Service Covenant for March 31, 2019. <br />h. The debt service covenant set forth in Paragraph 15 of the Building Loan <br />Agreement is hereby amended and restated as follows: <br />15. Debt Service Covenant. The Project must provide a debt service coverage ratio <br />of 1.05x calculated as of December 31, 2019, and of 1.20x calculated as of December 31, <br />2020, and 1.20x thereafter annually on each December 31. For this purpose, "debt <br />service coverage ratio" means the "Project net income", as hereinafter defined, for the <br />prior twelve (12) months after taxes and divided by the annual debt service on the Project <br />for the following twelve (12) month period: for purposes of determining the annual debt <br />service, Lender will use a note rate of (i) 5.01%, or (ii) two hundred twenty-five (225) <br />basis points above the ten-year Treasury Constant Maturities Rate as published by the <br />Board of Governors of the Federal Reserve System, whichever is greater. For the purpose <br />of this Paragraph 15, "Project net income" shall mean the Project operating revenues for <br />the period for which debt service coverage ratio is being calculated, minus the "Project <br />operating expenses", as that term is hereinafter defined. The term "Project operating <br />expenses" shall mean expenses of every kind reasonably incurred in the normal course of <br />3 <br />
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