Portion of the Loan Amount allocated thereto as set forth in Schedule D.Īlteration, installation, improvement or expansion of or to any of the Properties or any portion thereof.īudget means a capital and operating expenditure budget for the Properties prepared by Property Owner that specifies amounts to operate and maintain the Properties in accordance with past practices of Property Owner and Master Tenant. Allocated Loan Amount means, for the Collateral relating to each Property, the Supplemented or otherwise modified in accordance herewith. Agreement means this Mezzanine Loan Agreement, as the same may from time to time hereafter be amended, restated, replaced, Agent has the meaning set forth in Section 9.7(e). Affiliate shall mean, as to any Person, any other Person that, directly or indirectly, (i) is in Control of, is Controlledīy or is under common Control with such Person or (ii) is a director or officer of such Person or of an Affiliate of such Person. (including proceeds of sales and other dispositions), whether accounts, general intangibles, chattel paper, deposit accounts, instruments, documents or securities. Used in this Agreement, the following capitalized terms have the following meanings:Ĭollectively, the Collateral Accounts and all sums at any time held, deposited or invested therein, together with any interest and other earnings thereon, and all securities and investment property credited thereto and all proceeds thereof Lender is willing to make the Loan on the terms and subject to the conditions set forth in this Agreement ifīorrower joins in the execution and delivery of this Agreement, the Note and the other Loan Documents.Īgreements, provisions and covenants contained herein and in the other Loan Documents, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lender and Borrower agree as follows: Limited liability company, as borrower (together with its successors and permitted assigns, Borrower).īorrower desires to obtain from Lender the Loan (as hereinafter defined) in connection with the financing of the Properties (as and BRIGADE OPPORTUNISTIC CREDIT FUND 16 LLC, collectively, as lender ( Lender), and GIRAFFE JUNIOR HOLDINGS, LLC, a Delaware STRUCTURES FUND LTD., BRIGADE CREDIT FUND II LTD., BRIGADE STRUCTURED CREDIT FUND LTD., LOS ANGELES COUNTY EMPLOYEES RETIREMENT ASSOCIATION, BRIGADE DISTRESSED VALUE MASTER FUND LTD., THE COCA-COLA COMPANY MASTER RETIREMENT TRUST, FEDEX CORPORATIONĮMPLOYEES PENSION TRUST, DELTA MASTER TRUST, BRIGADE OPPORTUNISTIC CREDIT FUNDICIP, LTD. This Mezzanine Loan Agreement (this Agreement) is dated November 3, 2016, and is between BRIGADE LEVERAGED CAPITAL Preferences Waiver of Marshalling of Assets Venture Capital Operating Companies Nonbinding ConsultationĬompliance with Encumbrances and Material AgreementsĪpplication of Payments after an Event of Default Mortgage Loan Covenants Replacement of Mortgage Loan Collateral Accounts Transfers of Equity Interests in Borrower or Master Tenantĭistributions from Cash Management Account OPPORTUNISTIC CREDIT FUNDICIP, LTD., andīRIGADE OPPORTUNISTIC CREDIT FUND 16 LLC,ĪRTICLE II VOLUNTARY PREPAYMENT AND ASSUMPTION THE COCA-COLA COMPANY MASTER RETIREMENT TRUST,įEDEX CORPORATION EMPLOYEES PENSION TRUST, LOS ANGELES COUNTY EMPLOYEES RETIREMENT ASSOCIATION,īRIGADE DISTRESSED VALUE MASTER FUND LTD.,
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