Common use of Acquisition of the Senior Loan Clause in Contracts

Acquisition of the Senior Loan. None of Xxxxxxxx, Senior Borrower, Guarantor, or any Affiliate of any of the foregoing shall acquire or agree to acquire the Senior Loan, or any portion thereof or any interest therein, or any direct or indirect ownership interest in the holder of the Senior Loan, via purchase, transfer, exchange, operation of law, or otherwise, and any breach or attempted breach of this Section 10.4 shall constitute an immediate and uncurable Event of Default hereunder. If, solely by operation of applicable subrogation law, Borrower, Senior Borrower, Guarantor, or any Affiliate of any of the foregoing shall have failed to comply with the foregoing, then Borrower shall (i) immediately notify Administrative Agent of such failure, and (ii) cause any and all such prohibited parties acquiring any interest in the Senior Loan Documents (A) not to enforce the Senior Loan Documents, and (B) upon the request of Administrative Agent, to the extent any of such prohibited parties has or have the power or authority to do so, to promptly (1) cancel the Senior Notes evidencing the Senior Loan, (2) reconvey and release the Liens securing the Senior Loan and any other collateral under the Senior Loan Documents, and (3) discontinue and terminate any enforcement proceeding(s) under the Senior Loan Documents.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Clipper Realty Inc.)

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Acquisition of the Senior Loan. None of Xxxxxxxx, Senior Borrower, Guarantor, or Neither Borrower nor any Affiliate of any of the foregoing Borrower shall acquire or agree to acquire the Senior Loan, or any portion thereof or any interest therein, or any direct or indirect ownership interest in the holder of the Senior Loan, via purchase, transfer, exchange, operation of law, exchange or otherwise, and any breach or attempted breach of this Section 10.4 provision shall constitute an immediate and uncurable Event of Default hereunder. If, solely by operation of applicable subrogation law, Borrower, Senior Borrower, Guarantor, Borrower 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 Administrative Agent Lender of such failure, and ; (ii) shall cause any and all such prohibited parties acquiring any interest in the Senior Loan Documents Documents: (A) not to enforce the Senior Loan Documents, ; and (B) upon the request of Administrative AgentLender, to the extent any of such prohibited parties has or have the power or authority to do so, to promptly promptly: (1) cancel the Senior Notes promissory note evidencing the Senior Loan, (2) reconvey and release the Liens lien securing the Senior Loan and any other collateral under the Senior Loan Documents, and (3) discontinue and terminate any enforcement proceeding(s) under the Senior Loan Documents.. [NO FURTHER TEXT ON THIS PAGE]

Appears in 1 contract

Samples: Loan Agreement (Silver Star Properties Reit, Inc)

Acquisition of the Senior Loan. None Without the prior written consent of XxxxxxxxLender, neither Borrower, Sole Member, Owner, Senior Borrower, Guarantor, or Borrowers nor any Affiliate of any of the foregoing them shall acquire or agree to acquire the Senior Loan, or any portion thereof or any interest therein, or any direct or indirect ownership interest in the holder of the Senior Loan, via purchase, transfer, exchange, operation of law, exchange or otherwise, and any breach or attempted breach of this Section 10.4 provision shall constitute an immediate and uncurable Event of Default hereunder. If, solely by operation of applicable subrogation law, Borrower, Sole Member, Owner, Senior Borrower, Guarantor, Borrowers or any Affiliate of any of the foregoing them shall have failed to comply with the foregoing, then Borrower shall Borrower: (i) shall immediately notify Administrative Agent Lender of such failure, and ; (ii) shall cause any and all such prohibited parties acquiring any interest in the Senior Loan Documents Documents: (A) not to enforce the Senior Loan Documents, ; and (B) upon the request of Administrative AgentLender, to the extent any of such prohibited parties has or have the power or authority to do so, to promptly promptly: (1) cancel the Senior Notes promissory note evidencing the Senior Loan, (2) reconvey re-convey and release the Liens lien securing the Senior Loan and any other collateral under the Senior Loan Documents, and (3) discontinue and terminate any enforcement proceeding(s) under the Senior Loan Documents.

Appears in 1 contract

Samples: Management Agreement (KBS Real Estate Investment Trust, Inc.)

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Acquisition of the Senior Loan. None of XxxxxxxxNeither Borrower, Sole Member, Senior Borrower, Guarantor, or Mezzanine Loan Borrower nor Owner nor any Affiliate of any of the foregoing them shall acquire or agree to acquire the Senior Loan, or any portion thereof or any interest therein, or any direct or indirect ownership interest in the holder of the Senior Loan, via purchase, transfer, exchange, operation of law, exchange or otherwise, and any breach or attempted breach of this Section 10.4 provision shall constitute an immediate and uncurable Event of Default hereunder. If, solely by operation of applicable subrogation law, Borrower, Sole Member, Senior Borrower, Guarantor, Mezzanine Loan Borrower or Owner or any Affiliate of any of the foregoing them shall have failed to comply with the foregoing, then Borrower shall Borrower: (i) immediately shall promptly notify Administrative Agent Lender of such failure, and ; (ii) shall cause any and all such prohibited parties acquiring any interest in the Senior Loan Documents Documents: (A) not to enforce the Senior Loan Documents, ; and (B) upon the request of Administrative AgentLender, to the extent any of such prohibited parties has or have the power or authority to do so, to promptly promptly: (1) cancel the Senior Notes promissory note evidencing the Senior Loan, (2) reconvey and release the Liens lien securing the Senior Loan and any other collateral under the Senior Loan Documents, and (3) discontinue and terminate any enforcement proceeding(s) under the Senior Loan Documents.

Appears in 1 contract

Samples: Junior Mezzanine Loan Agreement (Maguire Properties Inc)

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