Loading...
HomeMy WebLinkAbout49(b) M ified Definitions. The following definitions set forth in Section 1.1 of the Loan Agreement are amended in their entirety: "Cash or Cash Return" means the ratio, expresfed as a percentage, of(a) annualized Net Operating Income of the Project and the Blackriver Property. to (b) the outstanding principal balance of the Loan and the Blackriver Loan. ,.Deht ervice" means the aggregate interest, Fred principal, and other payments due under the Loan and the Blackriver Loan, and on any other outstanding permitted Debt relating to the Project approved by Lender fur the period of time for which calculated "Debt Service Coverriv " means, for the period of time for which calculation is being made, the ratio of Net Operating Income of the Project and the. Blackriver Property to Debt Service "Net Cash Flow" means, for any period, the amount by which Operating Revenues exceed the sum of (a) Operating Expenses, (b) Debt Service for the Project. (c) any actual payment into impounds, escrows, or reserves required by Lender. except to the extent included within the definition of Operating Expenses. and (d) masonahle third -party out of pocket expenses related to Borrower's operations and accounting (except Borrower overhead) not to exceed S20,000 00 per calendar year "Sinele Purpose Entitv" shall mean a Person (other than an individual, a govemment. or any agency or political subdivision thereof). which exists solely for the purpose of owning the Project and the Blackriver Property. conducts business only in its own name, doss not engage in any business or have arry assets unrelated to the Project and the Blackriver Property. 1 does not haw any indebtedne.<.s other than as permitted by this Agreement, has its own separate books. records. and accounts (with no commingling of assets). j holds itself out as being a Person separate and apart from any other Person, and observes corporate and partnership formalities independent of any other entity, and which otherwise constitutes a single purpose, bankruptcy remote entity as determined by Lender as of the date of this Agreement. (c) Extension Conti ions. The conditions to extensrcn of the It Loan set forth in Section 2.3(3) (a) and (b) of the Loan Agreement shall he i „„r v:xronni »M19. -4- I.E- 2A00r 139 ncc w. a v.� a0 1 er9 U Bf tnc Gou,.. w �rnxv rtne noo ac 11 19