Flood Zone. To the knowledge of , none of the Improvements on the Property are, or will be once constructed in accordance with the Plans and Specifications, located in an area as identified by the Federal Emergency Management Agency as an area having special flood hazards or, if so located, the flood insurance required pursuant to [Section 6.1(a)(2)(vii)] is in full force and effect with respect to the Property.
“Flood Property” means a property located in a Flood Zone.
“Flood Zone” means areas having special flood hazards as described in the National Flood Insurance Act of 1968, as now or hereafter in effect or any successor statute thereto.
Section #3Credit Extensions in Respect of MIRE Event. Notwithstanding the foregoing, no MIRE Event may be closed until the date that is # if there are no Mortgaged Properties in a flood zone, five (5) Business Days or # if there are any Mortgaged Properties in a flood zone, thirty (30) days (in each case, the “Notice Period”), after Administrative Agent has
Flood Laws. JPMCB has adopted internal policies and procedures that address requirements placed on federally regulated lenders under the National Flood Insurance Reform Act of 1994 and related legislation (the “Flood Laws”). JPMCB, as administrative agent or collateral agent on a syndicated facility, will post on the applicable electronic platform (or otherwise distribute to each Lender in the syndicate) documents that it receives in connection with the Flood Laws. However, JPMCB reminds each Lender and Participant in the facility that, pursuant to the Flood Laws, each federally regulated Lender (whether acting as a Lender or Participant in the facility) is responsible for assuring its own compliance with the flood insurance requirements.
Flood Insurance. If any portion of any Mortgaged Property is at any time located in an area identified by the Federal Emergency Management Agency (or any successor agency) as a special flood hazard area with respect to which flood insurance has been made available under the Flood Insurance Laws, then the Borrower shall, or shall cause each Loan Party to # maintain, or cause to be maintained, with a financially sound and reputable insurer, flood insurance in an amount and on such terms sufficient to comply with all applicable rules and regulations promulgated pursuant to the Flood Insurance Laws and # deliver to the Administrative Agent evidence of such compliance in form and substance reasonably acceptable to the Administrative Agent. Following the Closing Date, the Borrower shall deliver to the Administrative Agent annual renewals of such flood insurance. As a condition precedent to any amendment to this Agreement pursuant to which any increase, extension, or renewal of Loans is contemplated, the Borrower shall cause to be delivered to the Administrative Agent for any Mortgaged Property, a completed “life of the loan” Federal Emergency Management Agency Standard Flood Hazard Determination, duly executed and acknowledged by the appropriate Loan Parties, and evidence of flood insurance, as may be required pursuant to the Flood Insurance Laws.
All Real Property owned by the Loan Parties is insured pursuant to policies and other bonds which are valid and in full force and effect and which provide adequate coverage from reputable and financially sound insurers in amounts sufficient to insure the assets and risks of each such Loan Party in accordance with prudent business practice in the industry of such Loan Party. Each Loan Party has taken all actions required under the Flood Laws (if applicable) and/or requested by [[Organization B:Organization]] to assist in ensuring that each [[Organization C:Organization]] is in compliance with the Flood Laws applicable to the Collateral, including, but not limited to, providing [[Organization B:Organization]] with the address and/or GPS coordinates of each structure located upon any Real Property that will be subject to a Mortgage in favor of [[Organization B:Organization]], for the benefit of Lenders, and, to the extent required, obtaining flood insurance for such property, structures and contents prior to such property, structures and contents becoming Collateral.
Seismic Exposure. To the knowledge of , the Land is not located in Zone 3 or Zone 4 of the “Seismic Zone Map of the U.S.”
From and after the Effective Date, in the event that any Loan Party acquires any Material Property, the Loan Parties shall, and shall cause each of their Subsidiaries to, deliver to the Administrative Agent, as soon as practicable, and in any event within ninety (90) days (or such later date as the Administrative Agent may agree), after the acquisition of such Material Property, fully executed and notarized Mortgages (each, an “Additional Mortgage”) in proper form for recording in all appropriate places in all applicable jurisdictions, encumbering the interest of the applicable Loan Party in such Material Property, and customary legal opinions with respect to such Additional Mortgages, each in form and substance reasonably satisfactory to the Administrative Agent and provided at the sole cost and expense of the Loan Parties. The Loan Parties shall deliver to the Administrative Agent within sixty (60) days after the acquisition of such Material Property or after the determination that any other part of any Material Property includes a Building or Manufactured (Mobile) Home (each as defined in applicable Flood Laws) (or such later date as the Administrative Agent may agree), flood hazard certificates and, if any such Building or Manufactured (Mobile) Home is located in a flood zone, executed flood determinations and evidence that all flood insurance required under applicable Flood Laws has been obtained, in form and substance reasonably satisfactory to the Administrative Agent and provided at the sole cost and expense of the Loan Parties.
Grant a Lien on any Property (excluding Equipment, Real Estate and fixtures, but including without limitation any Equity Interests in a Borrower) owned by any Borrower other than Permitted Liens and such other Liens as are consented to by Agent and subject to an intercreditor agreement in form and substance satisfactory to Agent, or # enter into, assume or become subject to any Contractual Obligation prohibiting or otherwise restricting the existence of any Lien upon any Property (excluding Equipment, Real Estate and fixtures) owned by any Borrower, in favor of Agent, whether now owned or hereafter acquired. With respect to any future inclusion of Real Estate as Collateral, Agent or Borrower Agent will give at least 45 days prior written notice to each Lender prior to pledging any Real Estate and upon confirmation from all Lenders that flood insurance due diligence and flood insurance compliance has been completed, the applicable Borrower may pledge the Real Estate. In the event that, after the Closing, the Collateral shall include any Real Estate, then # any increase, extension or renewal of the Commitments shall be subject to flood insurance due diligence and flood insurance compliance reasonably satisfactory to all Lenders, and # in addition to the insurance required by [Section 10.1.7], the Borrowers shall maintain flood insurance on all mortgaged Real Estate that is in a Special Flood Hazard Zone, from such providers, on such terms and in such amounts as required by the Flood Disaster Protection Act as amended from time to time or as otherwise required by the Lenders. As of the Closing Date, Borrowers do not contemplate Real Estate being included in the Collateral at any time.
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