Common use of Actions with Respect to Mortgage Collateral Clause in Contracts

Actions with Respect to Mortgage Collateral. Borrowers shall not: (a) Compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged property in full or partial satisfaction of any Mortgage Collateral, or release any Mortgage securing or underlying any Mortgage Collateral; (b) Agree to the amendment or termination of any Take-Out Commitment in which Lender has a security interest or to substitution of a Take-Out Commitment for a Take-Out Commitment in which Lender has a security interest hereunder, if such amendment, termination or substitution may reasonably be expected (as determined by Lender in its sole discretion) to have a Material Adverse Effect; (c) Transfer, sell, assign, or deliver any Mortgage Collateral pledged to Lender to any Person other than Lender, except pursuant to a Take-Out Commitment; or (d) Grant, create, incur, permit or suffer to exist any Lien upon any Mortgage Collateral except for Liens granted to Lender to secure the Note and Obligations and such non-consensual Liens as may be deemed to arise as a matter of law pursuant to any Take-Out Commitment.

Actions with Respect to Mortgage Collateral. Borrowers Borrower shall not: (a) Compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged property in full or partial satisfaction of any Mortgage Collateral, or release any Mortgage securing or underlying any Mortgage Collateral; (b) Agree to the amendment or termination of any Take-Out Commitment in which Lender has a security interest or to substitution of a Take-Out Commitment for a Take-Out Commitment in which Lender has a security interest hereunder, if such amendment, termination or substitution may reasonably be expected (as determined by Lender in its sole discretion) to have a Material Adverse Effect; (c) Transfer, sell, assign, or deliver any Mortgage Collateral pledged to Lender to any Person other than Lender, except pursuant to a Take-Out Commitment; or (d) Grant, create, incur, permit or suffer to exist any Lien upon any Mortgage Collateral except for Permitted Liens granted to Lender to secure the Note and Obligations and such non-consensual Liens as may be deemed to arise as a matter of law pursuant to any Take-Out Commitment.

Actions with Respect to Mortgage Collateral. Borrowers Borrower shall not: (a) Compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged property in full or partial satisfaction of any Mortgage Collateral, or release any Mortgage securing or underlying any Mortgage Collateral; (b) Agree to the amendment or termination of any Take-Out Commitment in which Lender Agent, on behalf of the Lenders, has a security interest or to substitution of a Take-Out Commitment for a Take-Out Commitment in which Lender Agent, on behalf of the Lenders, has a security interest hereunder, if such amendment, termination or substitution may reasonably be expected (as determined by Lender in its sole discretion) to have a Material Adverse Effect; (c) Transfer, sell, assign, or deliver any Mortgage Collateral pledged to Lender Agent, for the benefit of the Lenders, to any Person other than LenderAgent, except pursuant to a Take-Out Commitment; or (d) Grant, create, incur, permit or suffer to exist any Lien upon any Mortgage Collateral except for Liens granted to Lender Agent, for the benefit of the Lenders, to secure the Note Notes and Obligations and such non-consensual Liens as may be deemed to arise as a matter of law pursuant to any Take-Out Commitment.

Actions with Respect to Mortgage Collateral. Borrowers Except with ------------------------------------------- Lender's prior written consent which shall not unreasonably be withheld, Borrower shall not: (a) Compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged property in full or partial satisfaction of any Mortgage Collateral, or release any Mortgage securing or underlying any Mortgage Collateral; (b) Agree to the amendment or termination of any Take-Out Commitment in which Lender has a security interest or to substitution of a Take-Out Commitment for a Take-Out Commitment in which Lender has a security interest hereunder, if such amendment, termination or substitution may reasonably be expected (as determined by Lender in its sole discretion) to have a Material Adverse Effect; (c) Transfer, sell, assign, or deliver any Mortgage Collateral pledged to Lender to any Person other than Lender, except pursuant to a Take-Out CommitmentCommitment or pursuant to Section 3.04; or (d) Grant, create, incur, permit or suffer to exist any Lien upon any Mortgage Collateral except for Liens granted to Lender to secure the Note Notes and Obligations and such non-consensual Liens as may be deemed to arise as a matter of law pursuant to any Take-Out Commitment.

Actions with Respect to Mortgage Collateral. Borrowers Borrower shall not: (a) Compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged property in full or partial satisfaction of any Mortgage Collateral, or release any Mortgage securing or underlying any Mortgage Collateral; (b) Agree to the amendment or termination of any Take-Out Commitment in which Lender Agent has a security interest or to substitution of a Take-Out Commitment for a Take-Out Commitment in which Lender Agent has a security interest hereunder, if such amendment, termination or substitution may reasonably be expected (as determined by Lender Majority Lenders in its their sole discretion) to have a Material Adverse Effect; (c) Transfer, sell, assign, or deliver any Mortgage Collateral pledged to Lender Agent to any Person other than LenderAgent, except pursuant to a Take-Out Commitment; or (d) Grant, create, incur, permit or suffer to exist any Lien upon any Mortgage Collateral except for Liens granted to Lender Agent to secure the Note Notes and Obligations and such non-consensual Liens as may be deemed to arise as a matter of law pursuant to any Take-Out Commitment.

Actions with Respect to Mortgage Collateral. Borrowers Borrower shall not: (a) Compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged property in full or partial satisfaction of any Mortgage Collateral, or release any Mortgage securing or underlying any Mortgage Collateral; (b) Agree to the amendment or termination of any Take-Out Commitment in which Lender has a security interest or to substitution of a Take-Out Commitment for a Take-Out Commitment in which Lender has a security interest hereunder, if such amendment, termination or substitution may reasonably be expected (as determined by Lender in its sole discretion) to have a Material Adverse Effect; (c) Transfer, sell, assign, or deliver any Mortgage Collateral pledged to Lender to any Person other than Lender, except pursuant to a Take-Out Commitment; or (d) Grant, create, incur, permit or suffer to exist any Lien upon any Mortgage Collateral except for Liens granted to Lender to secure the Note and Obligations and such non-consensual nonconsensual Liens as may be deemed to arise as a matter of law pursuant to any Take-Out Commitment.

Actions with Respect to Mortgage Collateral. Borrowers Borrower shall ------------------------------------------- not: (a) Compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged property in full or partial satisfaction of any Mortgage Collateral, or release any Mortgage securing or underlying any Mortgage Collateral; (b) Agree to the amendment or termination of any Take-Out Commitment in which Lender Agent has a security interest or to substitution of a Take-Out Commitment for a Take-Out Commitment in which Lender Agent has a security interest hereunder, if such amendment, termination or substitution may reasonably be expected (as determined by Lender Majority Lenders in its their sole discretion) to have a Material Adverse Effect; (c) Transfer, sell, assign, or deliver any Mortgage Collateral pledged to Lender Agent to any Person other than LenderAgent, except pursuant to a Take-Out Commitment; or (d) Grant, create, incur, permit or suffer to exist any Lien upon any Mortgage Collateral except for Liens granted to Lender Agent to secure the Note Notes and Obligations and such non-consensual Liens as may be deemed to arise as a matter of law pursuant to any Take-Out Commitment.

Actions with Respect to Mortgage Collateral. Borrowers Borrower shall not: (a) Compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged property in full or partial satisfaction of any Mortgage Collateral, or release any Mortgage securing or underlying any Mortgage Collateral; (b) Agree to the amendment or termination of any Take-Out Commitment in which Lender has a security interest or to substitution of a Take-Out Commitment for a Take-Out Commitment in which Lender has a security interest hereunder, if such amendment, termination or substitution may reasonably be expected (as determined by Lender in its sole discretion) to have a Material Adverse Effect; (c) Transfer, sell, assign, or deliver any Mortgage Collateral pledged to Lender to any Person other than Lender, except pursuant to a Take-Out Commitment; or (d) Grant, create, incur, permit or suffer to exist any Lien upon any Mortgage Collateral except for Liens granted to Lender to secure the Note and Obligations and such non-consensual Liens as may be deemed to arise as a matter of law pursuant to any Take-Out Commitment.

Actions with Respect to Mortgage Collateral. Borrowers Borrower shall not: (a) Compromise, extend, release, or adjust payments on any Mortgage Collateral, accept a conveyance of mortgaged property in full or partial satisfaction of any Mortgage Collateral, or release any Mortgage securing or underlying any Mortgage Collateral; (b) Agree to the amendment or termination of any Take-Out Commitment in which Lender Agent has a security interest or to substitution of a Take-Out Commitment for a Take-Out Commitment in which Lender Agent has a security interest hereunder, if such amendment, termination or substitution may reasonably be expected (as determined by Lender Majority Lenders in its their sole discretion) to have a Material Adverse Effect; (c) Transfer, sell, assign, or deliver any Mortgage Collateral pledged to Lender Agent to any Person other than LenderAgent, except pursuant to a Take-Out Commitment; or (d) Grant, create, incur, permit or suffer to exist any Lien upon any Mortgage Collateral except for Liens granted to Lender Agent to secure the Note Notes and Obligations obligations and such non-consensual Liens as may be deemed to arise as a matter of law pursuant to any Take-Out Commitment.