These excerpts taken from the FCH 10-Q filed May 8, 2009.
1. Concurrent herewith, Borrower and Lender are entering into a Loan Agreement (the “
A. Lessee, as the tenant under the Primary Lease, owns or controls certain of the Personal Property, Subleases (as defined and described in the Assignment of Leases), Lessee Rents (as defined and described in the Assignment of Leases) and other assets that are essential to the operation of the Property constituting Lender's security for the Loan.
B. Lender is willing to make the Loan to Borrower only if Lessee assigns and sets over to Lender and grants to Lender a security interest in the Personal Property, Subleases, Lessee Rents and other assets owned or controlled by Lessee.
C. Lender is relying on the undertakings and agreements of Lessee as set forth in this Joinder in agreeing to make the Loan, and in funding the Loan, to Borrower.