Addition of Unencumbered Property. [Each of the][The] Borrower [and the Joining Party] hereby certifies that, as of the date hereof,

§5.5 Suspended Unencumbered Properties. If, after the date when it was initially accepted as an Unencumbered Property, any Unencumbered Property shall become a Suspended Unencumbered Property, then # such Suspended Unencumbered Property shall not be included in the calculations of the financial covenants set forth in §9.6 or §9.7 for so long as such Unencumbered Property remains a Suspended Unencumbered Property and # the Borrower shall, within three (3) Business Days after becoming aware that such Real Estate is Suspended Unencumbered Property, provide the Agent and the Lenders with written notice thereof, together with an updated Compliance Certificate and Unencumbered Pool Certificate showing the effect of removing such Real Estate as an Unencumbered Property and such other information regarding such Real Estate as reasonably requested by the Agent (on behalf of itself or any Lender). If any Unencumbered Property becomes a Suspended Unencumbered Property but such Suspended Unencumbered Property subsequently satisfies the requirements of §5.1, such Suspended Unencumbered Property shall thereafter be reclassified as Unencumbered Property. In addition, to the extent that a Default or an Event of Default shall have occurred solely as a result of any Real Estate having been improperly included as an Unencumbered Property for any prior fiscal periods, such Default or Event of Default shall be deemed to not have occurred for all purposes of the Loan Documents so long as the Borrower delivers to the Agent one or more Compliance Certificates, prepared as of the last day of the most recent fiscal quarter and each other fiscal quarter during which such Real Estate was improperly included as an Unencumbered Property, evidencing compliance with the financial covenants set forth in §9, calculated excluding such Real Estate as an Unencumbered Pool Property, evidencing pro forma compliance and certifying that no other Default or Event of Default then exists.

§10.11 Unencumbered Properties. The Agent shall have received an executed Property Addition Request in respect of the Initial Unencumbered Properties and evidence reasonably satisfactory to Agent that all Liens (other than Permitted Liens) in respect of Unencumbered Properties shall have been terminated (or shall be terminated upon disbursement of the initial Loans).

“Eligible Unencumbered Property Subsidiary” means an Eligible Subsidiary that owns or ground-leases any Property that is treated as Unencumbered Property, Unencumbered Construction-in-Process or Unencumbered Eligible Land under this Credit Agreement.

“Unencumbered Eligible Property” has the meaning specified in the definition of “Unencumbered Property Criteria”.

the Additional Unencumbered Property shall become an Unencumbered Property under the Credit Agreement on ​, ​, 20​​;

. Each property included in any calculation of Unencumbered Asset Value or Unencumbered NOI satisfied, at the time of such calculation, all of the requirements contained in the definition of “Unencumbered Property Criteria”.

“Unencumbered Property Value” means the aggregate Property Value with respect to all Unencumbered Properties that are Stabilized Properties.

§5.1 Addition of Unencumbered Properties.

Unencumbered Property or Unencumbered Properties. The Eligible Real Estate which has been added as an Unencumbered Property under this Agreement in accordance with §5.1 and has not been removed pursuant to §5.2.