Loan Document. This Amendment is a Loan Document and all references to a “Loan Document” in the Credit Agreement and the other Loan Documents shall be deemed to include this Amendment.

Loan Document. This First Amendment is a Loan Document.

Loan Document Status. Each related Mortgage Note, Mortgage, Assignment of Leases (if a separate instrument), guaranty and other agreement executed by or on behalf of the related Mortgagor, guarantor or other obligor in connection with such Mortgage Loan is the legal, valid and binding obligation of the related Mortgagor, guarantor or other obligor (subject to any non-recourse provisions contained in any of the foregoing agreements and any applicable state anti-deficiency or market value limit deficiency legislation), as applicable, and is enforceable in accordance with its terms, except # as such enforcement may be limited by # bankruptcy, insolvency, fraudulent transfer, reorganization, moratorium or other similar laws affecting the enforcement of creditors’ rights generally and # general principles of equity (regardless of whether such enforcement is considered in a proceeding in equity or at law) and # that certain provisions in such Loan Documents (including, without limitation, provisions requiring the payment of default interest, late fees or prepayment/yield maintenance fees, charges and/or premiums) are, or may be, further limited or rendered unenforceable by or under applicable law, but (subject to the limitations set forth in [clause (i) above]) such limitations or unenforceability will not render such Loan Documents invalid as a whole or materially interfere with the Mortgagee’s realization of the principal benefits and/or security provided thereby (clauses [(i) and (ii)])] collectively, the “Standard Qualifications”).

Except as set forth in the immediately preceding sentence, there is no valid offset, defense, counterclaim or right of rescission available to the related Mortgagor with respect to any of the related Mortgage Notes, Mortgages or other Loan Documents, including, without limitation, any such valid offset, defense, counterclaim or right based on intentional fraud by the ​ in connection with the origination of the Mortgage

Plan Document. The Employee acknowledges receipt of a copy of the Plan and agrees that the terms and conditions of the Employee’s Award shall be as set forth in the Plan and this Agreement. Terms used in this Agreement that are defined in the Plan shall have the same meaning as they have in the Plan. In the event of any conflict between the terms and conditions of the Plan and this Agreement, the Plan shall control.

Plan Document. This Agreement and the Award are subject to all the provisions of the Plan, and to all interpretations, rules and regulations that may, from time to time, be adopted and promulgated by the Committee pursuant to the Plan. If there is any conflict between the provisions of this Agreement and the Plan, the provisions of the Plan will govern.

Document Retention. With respect to each Participated Mortgage Loan, ​ will maintain in its files all records relating to such Participated Mortgage Loan for the period of time required by applicable Law, but in no event for less than twenty-five (25) months from the Purchase Date for such Participated Mortgage Loan. Within twenty-four (24) hours following any demand therefor, ​ will supply ​ with certified copies and/or originals of any such records.

In the event of an inconsistency between the Plan, the RSA, and the Disclosure Statement, the terms of the Plan shall control in all respects. In the event of an inconsistency between the Plan and the Plan Supplement, the Plan shall control. In the event of any inconsistency between the Plan and the Confirmation Order, the Confirmation Order shall control.

On and after the Effective Date, the Reorganized Debtors may maintain documents in accordance with their standard document retention policy, as may be altered, amended, modified, or supplemented by the Reorganized Debtors.

Loan. The parties do hereby acknowledge that as of the date hereof the Loan is due and outstanding in favor of Lender.

The Loan. ​ agrees to fund additional advances of the Loan requested by ​ from time to time (each, an “Additional Advance”), up to the Building Loan Amount, subject to satisfaction of the terms and conditions set forth in [Sections 2.17 through 2.20] below. Any amount borrowed and repaid hereunder in respect of the Loan may not be re-borrowed.

Loan Documents. This Note is issued pursuant to that certain Loan Agreement dated of even date herewith by and between the Borrower and Lender (as the same may be amended, restated or supplemented from time to time, the “Loan Agreement”). The performance of the Borrower's obligations hereunder is secured by, among other things: # a Deed of Trust, Security Agreement and Fixture Filing of even date herewith (as the same may be amended, restated or supplemented from time to time, the “Deed of Trust”) from the Borrower for the benefit of the Lender, granting a lien on certain property owned by the Borrower and located in the District of Columbia, and more particularly described in the Deed of Trust (the “Property”), # an Assignment of Leases and Rents of even date herewith made by Borrower for the benefit of Lender (as the same may be amended, restated or supplemented from time to time, the “Leases Assignment”), # a Carve-Out Guaranty Agreement of even date herewith made by ​, ​ (the “Guarantor“) for the benefit of the Lender (as the same may be amended, restated or supplemented from time to time, the “Guaranty”), # an Environmental Indemnity Agreement of even date herewith made by Borrower and Guarantor for the benefit of Lender (as the same may be amended, restated or supplemented from time to time, the “Environmental Indemnity”) and # an Assignment of Property Management Contract and Subordination of Management Fees of even date herewith made by Borrower for the benefit of Lender (as the same may be amended, restated or supplemented from time to time, the “Management Agreement Assignment”). This Note, the Loan Agreement, the Deed of Trust, the Leases Assignment, the Guaranty, the Environmental Indemnity, the Management Agreement Assignment and any other document executed or delivered by the Borrower and/or Guarantor in connection with the Loan shall be referred to herein as the “Loan Documents”.

Loan Documents. The Loan Documents, as such may be amended in accordance herewith, are and remain valid and binding obligations of the parties thereto, enforceable in accordance with their respective terms, except as may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally and by general principles of equity. This Amendment is a Loan Document.

Loan Modification. By its execution of this Amendment, the Borrower hereby authorizes the Administrative Agent to consider this Amendment its application for loan modification on the terms and conditions set forth herein.