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Extract to table / borrower-closing-certificate.docx
borrower-closing-certificate.docx
Parties
Hudson Yards West Mortgage LLC
Hudson Yards West Mezzanine LLC
York City Economic Development Corp
Employee Retirement Inc
Metropolitan Transit Development Corp
Dates
June 15, 2025
September 12, 2023
October 25, 2023
March 20, 2025
December 31, 2024
March 31, 2025
November 8, 2024
December 15, 2027
March 15, 2028
Amounts
$475,000,000
$200,000,000
$412,000,000
$500,000,000
Obligations
Capitalized terms used but not otherwise defined in this Certificate shall have the meanings ascribed to such terms in the applicable Loan Agreement
1 Mortgage Borrower hereby certifies, represents, and warrants to Agent and the Senior Lenders that each of the representations and warranties made by Mortgage Borrower in Article V of the Senior Loan Agreement and in each of the other Senior Loan Documents (as defined in the Senior Loan Agreement), including, without limitation, the Mortgage, the Assignment of Leases and Rents, the Environmental Indemnity Agreement, and the Guaranty, is true, correct, and complete in all material respects as of the Closing Date with the same force and effect as though each such representation and warranty had been made on and as of the Closing Date; provided, however, that to the extent any such representation or warranty expressly relates to an earlier date, such representation or warranty shall be true, correct, and complete in all material respects as of such earlier date
1 Mezzanine Borrower hereby certifies, represents, and warrants to Mezz Lender that each of the representations and warranties made by Mezzanine Borrower in Article V of the Mezzanine Loan Agreement and in each of the other Mezzanine Loan Documents (as defined in the Mezzanine Loan Agreement), including, without limitation, the Pledge and Security Agreement, the Guaranty, and the Environmental Indemnity Agreement, is true, correct, and complete in all material respects as of the Closing Date with the same force and effect as though each such representation and warranty had been made on and as of the Closing Date; provided, however, that to the extent any such representation or warranty expressly relates to an earlier date, such representation or warranty shall be true, correct, and complete in all material respects as of such earlier date
2 This Certificate is delivered pursuant to, and shall constitute a "Loan Document" under, each of the Loan Agreements
All references in the Loan Agreements and the other Loan Documents to "Loan Documents" shall be deemed to include this Certificate
In the event of any such inaccuracy, the Lender Parties shall be entitled to exercise all rights and remedies available to them under the applicable Loan Agreement, the other Loan Documents, and applicable law