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05-27-2026 Council Packet
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05-27-2026 Council Packet
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<br />45 <br />Little Canada-Lupe - Borrower Loan Agreement - LC Apartments(199386221.3) - 5/12/2026 6:38:21 PM <br />If to Investor Limited Partner: R4 LAMN Acquisition LLC <br />780 3rd Avenue, 16th Floor <br />New York, New York 10017 <br />Attention: Marc D. Schnitzer <br />E-mail: mschnitzer@r4cap.com <br /> <br />With a copy to: Holland & Knight LLP <br />787 Seventh Avenue, 31st Floor <br />New York, New York 10019 <br />Attention: Alan S. Cohen <br />E-mail: Alan.Cohen@hklaw.com <br /> <br />The above parties may change the address to which notices to it are to be sent by written notice given to <br />the other persons listed in this Section. All notices shall, when sent as aforesaid, be effective when received. <br />Section 10.2 Successors and Assigns; Third Party Beneficiaries. This Agreement shall inure to <br />the benefit of and shall be binding upon the parties hereto and their respective successors and assigns, <br />including, without limitation, the Funding Lender. Each of the Controlling Person and the Fiscal Agent is <br />an express third party beneficiary of this Agreement with full rights of enforcement hereof. The Borrower <br />may not assign its interests in or its rights, duties or obligations under this Agreement without the prior <br />written consent of the Controlling Person. The Borrower and the Governmental Lender intend that no <br />person other than the parties hereto, the Funding Lender, the Controlling Person, the Fiscal Agent and their <br />respective successors and assigns as permitted hereunder, shall have any claim or interest under this <br />Agreement or right of action hereon or hereunder. <br />Section 10.3 Survival of Covenants. All covenants made by the Borrower herein and in any <br />document delivered pursuant hereto shall survive the issuance, sale and delivery of the Governmental Note, <br />the delivery of this Agreement and the payment of any amounts under the Funding Loan Documents. <br />Section 10.4 Counterparts; Electronic Signature. The execution hereof by each party hereto <br />shall constitute a contract between them for the uses and purposes herein set forth, and this Agreement may <br />be executed in any number of counterparts, with each executed counterpart constituting an original and all <br />counterparts together constituting one agreement. To the fullest extent permitted by applicable law, <br />facsimile or electronically transmitted signatures shall be treated as original signatures for all purposes <br />hereunder. <br />Section 10.5 Costs, Expenses and Taxes. The Borrower agrees to pay on the Closing Date and <br />thereafter within thirty (30) days after demand, all reasonable costs and expenses of the Governmental <br />Lender, the Fiscal Agent, the Controlling Person and the Funding Lender in connection with the <br />preparation, execution, delivery and administration of this Agreement, the other Funding Loan Documents <br />and any other documents that may be delivered in connection with this Agreement or the other Funding <br />Loan Documents or any amendments or supplements thereto, including, without limitation, the fees and <br />expenses of the Engineering Consultant, the cost of an annual appraisal (but only upon the occurrence and <br />during the continuation of an Event of Default) of the Project Facilities by an appraiser selected by the <br />Controlling Person, and the reasonable fees and expenses of counsel for the Funding Lender and the <br />Controlling Person with respect thereto and with respect to advising the Funding Lender and the Controlling <br />Person as to their respective rights and responsibilities under this Agreement, the other Funding Loan <br />Documents and such other documents, and all costs and expenses, if any, (including, without limitation, <br />reasonable counsel fees and expenses of the Controlling Person and the Funding Lender) in connection with <br />the enforcement of this Agreement, the other Funding Loan Documents and such other documents.
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