Common use of Acquisition of the Mortgage Loan Clause in Contracts

Acquisition of the Mortgage Loan. None of Borrower, Mortgage Borrower, Guarantor, or any Affiliate of any of the foregoing shall acquire or agree to acquire the Mortgage Loan, or any portion thereof or any interest therein, or any direct or indirect ownership interest in the holder of the Mortgage Loan, via purchase, transfer, exchange, operation of law, or otherwise, and any breach or attempted breach of this Section 12.1(e) shall constitute an immediate Event of Default hereunder. If, solely by operation of applicable subrogation law, Borrower, Mortgage Borrower, Guarantor, or any Affiliate of any of the foregoing shall have failed to comply with the foregoing, then Borrower shall (i) immediately notify Lender of such failure, and (ii) cause any and all such prohibited parties acquiring any interest in the Mortgage Loan Documents (A) not to enforce the Mortgage Loan Documents, and (B) upon the request of Lender, to the extent any of such prohibited parties has or have the power or authority to do so, to promptly (1) cancel the promissory note evidencing the Mortgage Loan, (2) reconvey and release the Liens securing the Mortgage Loan and any other collateral under the Mortgage Loan Documents, and (3) discontinue and terminate any enforcement proceeding(s) under the Mortgage Loan Documents.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (Strategic Storage Trust VI, Inc.), Mezzanine Loan Agreement (Strategic Storage Trust VI, Inc.), Mezzanine Loan Agreement (Strategic Storage Trust VI, Inc.)

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Acquisition of the Mortgage Loan. None of Borrower, Mortgage Borrower, Guarantor, or any Affiliate of any of the foregoing shall acquire or agree to acquire the Mortgage Loan, or any portion thereof or any interest therein, or any direct or indirect ownership interest in the holder of the Mortgage Loan, via purchase, transfer, exchange, operation of law, or otherwise, and any breach or attempted breach of this Section 12.1(e) 11.1.5 shall constitute an immediate Event of Default hereunder. If, solely by operation of applicable subrogation law, Borrower, Mortgage Borrower, Guarantor, or any Affiliate of any of the foregoing shall have failed to comply with the foregoing, then Borrower shall (i) immediately notify Lender of such failure, and (ii) cause any and all such prohibited parties acquiring any interest in the Mortgage Loan Documents (A) not to enforce the Mortgage Loan Documents, and (B) upon the request of Lender, to the extent any of such prohibited parties has or have the power or authority to do so, to promptly (1) cancel the promissory note evidencing the Mortgage Loan, (2) reconvey and release the Liens securing the Mortgage Loan and any other collateral under the Mortgage Loan Documents, and (3) discontinue and terminate any enforcement proceeding(s) under the Mortgage Loan Documents.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement, Mezzanine Loan Agreement (TNP Strategic Retail Trust, Inc.)

Acquisition of the Mortgage Loan. None of Borrower, Mortgage Borrower(a) No Loan Party, Guarantor, or any Affiliate of any of the foregoing them or any Person acting at any such Person’s request or direction, shall acquire or agree to acquire Mortgage Lender’s interest in the Mortgage Loan, or any portion thereof or any interest therein, or any direct or indirect ownership interest in the holder of the Mortgage LoanLoan (other than any passive minority interest in the holder of the Mortgage Loan obtained by any Person), via purchase, transfer, exchange, operation of law, exchange or otherwise, and any breach or attempted breach of this Section 12.1(e) provision shall constitute an immediate Event of Default hereunder. If, solely by operation of applicable subrogation law, Borrower, Mortgage Borrower, Guarantor, or any Affiliate of any of the foregoing Borrowers shall have failed to comply with the foregoing, then Borrower shall Borrowers: (i) shall immediately notify Lender of such failure, and ; (ii) shall cause any and all such prohibited parties acquiring any interest in the Mortgage Loan Documents Documents: (A) not to enforce the Mortgage Loan Documents, ; and (B) upon the request of Lender, to the extent any of such prohibited parties has or have the power or authority to do so, to promptly promptly: (1) cancel the promissory note evidencing the Mortgage Loan, (2) reconvey and release the Liens Lien securing the Mortgage Loan and any other collateral under the Mortgage Loan Documents, and (3) discontinue and terminate any enforcement proceeding(s) under the Mortgage Loan Documents.. 121

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

Acquisition of the Mortgage Loan. None of Borrower, Mortgage Borrower, Guarantor, or (a) Neither Borrower nor Guarantor nor any Affiliate of any of the foregoing them or any Person acting at any such Borrower’s, Guarantor’s or such Affiliate’s request or direction, shall acquire or agree to acquire the Mortgage Lender’s interest in the Mortgage Loan, or any portion thereof or any interest therein, or any direct or indirect controlling ownership interest in the holder of the Mortgage Loan, via purchase, transfer, exchange, operation of law, exchange or otherwise, and any breach or attempted breach of this Section 12.1(e) provision shall constitute an immediate Event of Default hereunder. If, solely by operation of applicable subrogation law, Borrower, Mortgage Borrower, Guarantor, or any Affiliate of any of the foregoing Borrower shall have failed to comply with the foregoing, then Borrower shall Borrower: (i) shall immediately notify Lender of such failure, and ; (ii) shall cause any and all such prohibited parties acquiring any interest in the Mortgage Loan Documents Documents: (A) not to enforce the Mortgage Loan Documents, ; and (B) upon the request of Lender, to the extent any of such prohibited parties has or have the power or authority to do so, to promptly promptly: (1) cancel the promissory note evidencing the Mortgage Loan, (2) reconvey and release the Liens Lien securing the Mortgage Loan and any other collateral under the Mortgage Loan Documents, and (3) discontinue and terminate any enforcement proceeding(s) under the Mortgage Loan Documents.

Appears in 1 contract

Samples: Management Agreement (Piedmont Office Realty Trust, Inc.)

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Acquisition of the Mortgage Loan. None of Borrower, Mortgage Borrower(a) No Loan Party, Guarantor, or any Affiliate of any of the foregoing them or any Person acting at any such Person’s request or direction, shall acquire or agree to acquire Mortgage Lender’s interest in the Mortgage Loan, or any portion thereof or any interest therein, or any direct or indirect ownership interest in the holder of the Mortgage LoanLoan (other than any passive minority interest in the holder of the Mortgage Loan obtained by any Person), via purchase, transfer, exchange, operation of law, exchange or otherwise, and any breach or attempted breach of this Section 12.1(e) provision shall constitute an immediate Event of Default hereunder. If, solely by operation of applicable subrogation law, Borrower, Mortgage Borrower, Guarantor, or any Affiliate of any of the foregoing Borrowers shall have failed to comply with the foregoing, then Borrower shall Borrowers: (i) shall immediately notify Lender of such failure, and ; (ii) shall cause any and all such prohibited parties acquiring any interest in the Mortgage Loan Documents Documents: (A) not to enforce the Mortgage Loan Documents, ; and (B) upon the request of Lender, to the extent any of such prohibited parties has or have the power or authority to do so, to promptly promptly: (1) cancel the promissory note evidencing the Mortgage Loan, (2) reconvey and release the Liens Lien securing the Mortgage Loan and any other collateral under the Mortgage Loan Documents, and (3) discontinue and terminate any enforcement proceeding(s) under the Mortgage Loan Documents.. 137

Appears in 1 contract

Samples: Second Mezzanine Loan Agreement (Morgans Hotel Group Co.)

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