Common use of Affiliate Transactions Clause in Contracts

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 5 contracts

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (Morgans Hotel Group Co.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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Affiliate Transactions. Other than as expressly permitted herein, Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members partners of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 5 contracts

Samples: Loan Agreement (Americold Realty Trust), Loan Agreement (Americold Realty Trust), Loan Agreement (Americold Realty Trust)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 5 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrower, Principal, the Operating Lessee SPE Entities or any of the members partners of Borrower Borrower, Principal or Owner the Operating Lessee SPE Entities except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third party.

Appears in 4 contracts

Samples: Loan Agreement (Felcor Lodging Trust Inc), Loan Facility Agreement (Felcor Lodging Trust Inc), Loan Agreement (Felcor Lodging Trust Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrower, Principal or any of the members partners of Borrower or Owner Principal except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party. Upon request of Lender, Borrower shall provide Lender with a summary of the terms of, or copies of, such agreements.

Appears in 4 contracts

Samples: Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Meristar Hospitality Corp)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the partners, members or shareholders, as applicable, of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 4 contracts

Samples: Loan Agreement (United Realty Trust Inc), Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.), Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third party.

Appears in 3 contracts

Samples: Loan Agreement (Beacon Capital Partners Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (First Union Real Estate Equity & Mortgage Investments)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the partners or members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third party.

Appears in 3 contracts

Samples: Loan Agreement (Entertainment Properties Trust), Loan Agreement (Wyndham International Inc), Loan Agreement (Entertainment Properties Trust)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members Affiliates of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 3 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the partners, members or shareholders, as applicable, of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party, or as otherwise permitted under this Agreement.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (Terra Tech Corp.), Loan Agreement (Terra Tech Corp.)

Affiliate Transactions. Except for the Management and Leasing Agreement by and between Manager and Borrower, Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 3 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarms-length transaction with an unrelated third party.

Appears in 3 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner either Guarantor or any of the members shareholders of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 3 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm's length transaction with an unrelated third party.

Appears in 3 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except (i) in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third partyparty or (ii) as otherwise approved by Lender.

Appears in 3 contracts

Samples: Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Reckson Operating Partnership Lp)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an any non-subsidiary Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to and approved by Lender in advance and are no less favorable to Borrower or Owner or such any non-subsidiary Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (Mei Genpar Lp), Loan Agreement (Mei Holdings L P)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the partners or members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc), Loan Agreement (Wells Real Estate Investment Trust Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length arm's‑length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (Ambase Corp), Loan Agreement (Ambase Corp)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an a Borrower Affiliate of Borrower or Owner or any of the partners, members or shareholders, as applicable, of Borrower or Owner except in the ordinary course of business upon terms and on terms which conditions that are fully disclosed commercially reasonable and substantially similar to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than those that would be obtained in a comparable available on an arm’s-length transaction basis with an unrelated third parties other than such affiliated party.

Appears in 2 contracts

Samples: Loan Agreement (Alexanders Inc), Loan Agreement (Alexanders Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members partners of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third party. Lender hereby acknowledges disclosure of the agreements described on Schedule VI between Borrower and an Affiliate of Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Inland Real Estate Corp), Loan Agreement (Inland Real Estate Corp)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrower, Principal or any of the members partners of Borrower or Owner Principal except as permitted hereunder or in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrower, Principal or any of the members partners of Borrower or Owner Principal except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 2 contracts

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

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower Borrower, Sponsor or Owner Guarantor, or any of the members of Borrower such Borrower, Sponsor or Owner Guarantor, except for those agreements previously approved by Lender in writing and (i) in the ordinary course of business business, and on terms which are fully disclosed to Lender in advance and (ii) are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Credit Agreement (Preferred Apartment Communities Inc), Credit Agreement (Preferred Apartment Communities Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an any Affiliate of Borrower or Owner any partner, member, or any of the members shareholder, as applicable, of Borrower or Owner any Affiliate of Borrower except in the ordinary course of business and on terms which and conditions that are fully disclosed to Lender in advance and that are intrinsically fair, commercially reasonable and no less favorable to Borrower or Owner such Affiliate, partner, member or such Affiliate shareholder than those that would be obtained in a comparable available on an arm’s-length transaction basis with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (Consolidated Tomoka Land Co), Loan Agreement (American Realty Capital - Retail Centers of America, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the partners, members or shareholders, as applicable, of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (W2007 Grace Acquisition I Inc), Mezzanine Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrower, Principal, if any, or any of the partners or members of Borrower or Owner Principal, if any, except in the ordinary course of business and on terms which are fully disclosed to Lender in advance in writing and are no not materially less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Spirit Realty Capital, Inc.)

Affiliate Transactions. No Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of any Borrower or Owner or any of the members of any Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to such Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length arm’s‑length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.), Loan Agreement (American Finance Trust, Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm's length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the partners, members or shareholders, as applicable, of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an any Affiliate of Borrower (including, without limitation, the payment of any fees or Owner or commissions to any of the members of Borrower or Owner such Affiliate) except in the ordinary course of business and on terms which are fully disclosed to Lender in writing and in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Loan Agreement (Cole Credit Property Trust Iv, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an any Affiliate of Borrower or Owner any partner, member, or any of the members shareholder, as applicable, of Borrower or Owner any Affiliate of Borrower except in the ordinary course of business and on terms which and conditions that are fully disclosed to Lender in advance and that are no less favorable intrinsically fair, commercially reasonable and substantially similar to Borrower or Owner or such Affiliate than those that would be obtained in a comparable available on an arm’s-length transaction basis with an unrelated third party.

Appears in 2 contracts

Samples: Loan Agreement (Ionis Pharmaceuticals Inc), Loan Agreement (Ionis Pharmaceuticals Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or of any of the members partner of Borrower or Owner except (a) under the Consulting Agreement, (b) in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third partyparty or (c) as may be otherwise expressly provided for hereunder.

Appears in 2 contracts

Samples: Loan Agreement (Servico Market Center Inc), Loan Agreement (Servico Market Center Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrower, Principal or any of the partners or members of Borrower or Owner Principal except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Summit Hotel Properties LLC)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), to any agreement or transaction with an any Interested Party or Borrower Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of of, and pursuant to the reasonable requirements of, Borrower's business and on upon fair and reasonable terms which are fully disclosed to Lender in advance and that are no less favorable to Borrower or Owner or such Affiliate than it would be obtained obtain in a comparable arm’s-arms length transaction with an unrelated third partya person not a Borrower Affiliate or Interested Party, and on terms consistent with the business relationship of Borrower and such Borrower Affiliate or Interested Party prior to the date of this Agreement and fully disclosed to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Halifax Corp of Virginia)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the partners, members or shareholders, as applicable, of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Bluerock Residential Growth REIT, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner Sponsor except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length arms'-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

Affiliate Transactions. Borrower Borrowers shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrowers or any of the members of Borrower or Owner Borrowers except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner Borrowers or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members partners of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and that are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Digital Realty Trust, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrower, Principal or any of the partners or members of Borrower or Owner Principal except in the ordinary course of business and on terms which are fully disclosed to Lender in advance in writing and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), to any agreement or transaction with an any Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of and pursuant to the reasonable requirements of Borrower’s business and on upon fair and reasonable terms which are fully disclosed to Lender in advance and that are no less favorable to Borrower or Owner or such Affiliate than it would be obtained obtain in a comparable arm’s-arms length transaction with a Person not an unrelated third partyAffiliate of Borrower, and on terms consistent with the business relationship of Borrower and such Affiliate prior to the Agreement Date, if any, and fully disclosed to the Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (C2 Global Technologies Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the constituent members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender Agent in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length arm’s‑length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Sothebys)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members partners of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender Administrative Agent in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Reading International Inc)

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Affiliate Transactions. Individual Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner such Individual Borrower, Principal or any of the members partners of such Individual Borrower or Owner its Principal except in the ordinary course of business and on terms which are (i) fully and promptly disclosed to Lender in advance and are (ii) no less favorable to such Individual Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 1 contract

Samples: Assumption of Mortgage and Security Agreement (Cb Richard Ellis Realty Trust)

Affiliate Transactions. Except with respect to the management of the Property by an Approved Manager, Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrower, Principal or any of the members partners of Borrower or Owner Principal except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Republic Property Trust)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members partners of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party. Lender hereby approves the agreements referenced on Schedule IX attached hereto.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Guarantor, or any of the members of such Borrower or Owner Guarantor, except for those agreements previously approved by Lender in writing or (i) in the ordinary course of business business, and on terms which are fully disclosed to Lender in advance and (ii) are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Credit Agreement (Steadfast Income REIT, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the partners, members or shareholders, as applicable, of Borrower or Owner except in the ordinary course of business upon terms and on terms which conditions that are fully disclosed commercially reasonable and substantially similar to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than those that would be obtained in a comparable arm’savailable on an arms-length transaction basis with an unrelated third parties other than such affiliated party.

Appears in 1 contract

Samples: Loan Agreement (Urban Edge Properties)

Affiliate Transactions. Borrower Borrowers shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrowers or any of the partners or members of Borrower or Owner Borrowers except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner Borrowers or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 1 contract

Samples: Senior Mezzanine Loan Agreement (Maguire Properties Inc)

Affiliate Transactions. Individual Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner such Individual Borrower, Principal or any of the members partners of such Individual Borrower or Owner its Principal except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to such Individual Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an any Affiliate of Borrower or Owner any partner, member, or any of the members shareholder, as applicable, of Borrower or Owner any Affiliate of Borrower except in the ordinary course of business and on terms which and conditions that are fully disclosed to Lender in advance and that are no less favorable to Borrower or Owner such Affiliate, partner, member or such Affiliate shareholder than those that would be obtained in a comparable available on an arm’s-length transaction basis with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Morgans Hotel Group Co.)

Affiliate Transactions. Borrower shall not (and shall not permit Mortgage Borrower to) enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Mortgage Borrower or any of the partners, members or shareholders, as applicable, of Borrower or Owner Mortgage Borrower, except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower, Mortgage Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Clipper Realty Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrower, Principal or any of the members partners of Borrower or Owner Principal except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party. Notwithstanding anything contained hereunder, Lender approves the Management Agreement and the manager thereunder.

Appears in 1 contract

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

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the partners, shareholder or members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (reAlpha Tech Corp.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members partners of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party. Lender hereby acknowledges disclosure of the agreements described on Schedule VI between Borrower and an Affiliate of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner any Borrower Subsidiary to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner such Person or any of the partners, members or shareholders, as applicable, of Borrower or Owner such Person except in the ordinary course of business and on terms which are fully disclosed substantially similar to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than those that would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (New York REIT, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the partners, members or shareholders, as applicable, of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.party.‌

Appears in 1 contract

Samples: Mezzanine Loan Agreement

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrower, Principal or any of the partners or members of Borrower or Owner Principal except in the ordinary course of business and on terms which are fully disclosed to Lender in advance in writing and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party. Lender acknowledges that Manager is an Affiliate of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Netreit, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length arm’s‑length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Daily Net Asset Value Trust, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members partners of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.,

Appears in 1 contract

Samples: Loan Agreement (Thomas Properties Group Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.party 40

Appears in 1 contract

Samples: Loan Agreement (Hines Global REIT, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Borrower, Principal or any of the partners or members of Borrower or Owner Principal except as permitted hereunder or in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Spirit Finance Corp)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members partners of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length arm’s‑length transaction with an unrelated third party. Lender hereby approves the agreements referenced on Schedule IX attached hereto.

Appears in 1 contract

Samples: Loan Agreement (MPG Office Trust, Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner Principal or any of the members partners of Borrower or Owner Principal except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (FelCor Lodging Trust Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members partners of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and that are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Grove Property Trust)

Affiliate Transactions. Each of Borrower and Mortgagor shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members partners of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner Borrower, Mortgagor or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 1 contract

Samples: Developmental Loan Agreement

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the members equity holders of Borrower or Owner except in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’sarm's-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Kindercare Learning Centers Inc /De)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an any Affiliate of Borrower or Owner any partner, member, or any of the members shareholder, as applicable, of Borrower or Owner any Affiliate of Borrower except in the ordinary course of business and on terms which and conditions that are fully disclosed to Lender in advance and that are intrinsically fair, commercially reasonable and no less favorable to Borrower or Owner or such Affiliate than those that would be obtained in a comparable arm’savailable on an arm's-length transaction basis with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Electro Scientific Industries Inc)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any material transaction with an Affiliate of Borrower or Owner or any of the constituent members of Borrower or Owner amend or permit the amendment of any material Affiliate Contract, except (a) Affiliate Contracts and amendments thereto which have been approved by Agent in its reasonable discretion or (b) Affiliate Contracts and amendments thereto which are entered into by Borrower in the ordinary course of business and on terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-arm’s length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Hilton Worldwide Holdings Inc.)

Affiliate Transactions. Borrower shall not enter into, or be a party to (or permit Owner to enter into or be a party to), any transaction with an Affiliate of Borrower or Owner or any of the partners, members or shareholders, as applicable, of Borrower or Owner except in the ordinary course of business and on market rate terms which are fully disclosed to Lender in advance and are no less favorable to Borrower or Owner or such Affiliate than would be obtained in a comparable arm’s-length transaction with an unrelated third party.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust V, Inc.)

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