AGREEMENT BY BORROWER Sample Clauses

AGREEMENT BY BORROWER. (a) Borrower hereby acknowledges and agrees to the foregoing terms and provisions, and agrees that the provisions hereof will bind Borrower, together with its successors and assigns. (b) Borrower acknowledges and agrees that: (i) in the event of a breach by Borrower or Subordinate Lenders of any of the terms and provisions contained in this Agreement, such a breach shall constitute an Event of Default, as defined in and under the Senior Loan Documents; and (ii) it will execute and deliver such additional documents and take such additional action as may be necessary or desirable in the opinion of either Subordinate Lenders or Senior Security Holders to effectuate the provisions and purposes of this Agreement.

AGREEMENT BY BORROWER. Borrower agrees that it will not, and it will not permit any affiliate or subsidiary to, purchase, redeem or otherwise acquire any of the Subordinated Debt or make any payment of any of the Subordinated Debt, or take any other action, in contravention of the provisions of this Agreement.

AGREEMENT BY BORROWER. Borrower agrees that Senior Lender and Subordinate Lender may share information that each may acquire with respect to Borrower or the Property and consents to the transfer of such information, whether financial or otherwise, between them, without having to obtain Borrower's consent.

AGREEMENT BY BORROWER. The Borrower agrees that it will not make, and not permit any Subsidiary to make, any payment on any of the Subordinated Debt (other than payments of interest permitted under Section 2(b) and any payments of interest made solely in shares of Class B Common Stock, in each case subject to Section 3(a)) until the Senior Indebtedness has been indefeasibly paid in full in cash, or take any other action in contravention of the provisions of this Agreement.

AGREEMENT BY BORROWER. (a) Borrower hereby acknowledges and agrees to the foregoing terms and provisions, and agrees that it will, together with its successors and assigns, be bound by the provisions hereof. In the event of a conflict or inconsistencies between the terms of this Agreement and the Senior Loan Documents or the Subordinate Loan Documents, the terms of the Senior Loan Documents or the Subordinate Loan Documents, as applicable, shall govern as between the applicable lender and Borrower. (b) Borrower agrees that any party hereto (other than Borrower) holding Collateral does so as bailee (under the Uniform Commercial Code as enacted in Illinois) for the other and is hereby authorized to and may turn over to such other party hereto (other than Borrower) upon request therefor any such Collateral, after all obligations and indebtedness of the undersigned to the bailee party have been paid in full. (c) Borrower acknowledges and agrees that: (i) although it may sign this Agreement it is not a party hereto and does not and will not receive any right, benefit, priority or interest under or because of the existence of the foregoing Agreement; (ii) in the event of a breach by Borrower or Subordinate Lender of any of the terms and provisions contained in this Agreement, such a breach shall constitute an Event of Default, as defined in and under the Senior Loan Documents, and (iii) it will execute and deliver such additional documents and take such additional action as may be necessary or desirable in the opinion of either Subordinate Lender or Senior Lender to effectuate the provisions and purposes of this Agreement.

AGREEMENT BY BORROWER. (a) Borrower hereby acknowledges and agrees to the foregoing terms and provisions, and agrees that it will, together with its successors and assigns, be bound by the provisions hereof. In the event of a conflict or inconsistencies between the terms of this Agreement and the Senior Loan Documents or the Subordinate Loan Documents, the terms of the Senior Loan Documents or the Subordinate Loan Documents, as applicable, shall govern as between the applicable lender and Borrower. (b) Borrower acknowledges and agrees that: (i) although it may sign this Agreement it is not a party hereto and does not and will not receive any right, benefit, priority or interest under or because of the existence of the foregoing Agreement; (ii) in the event of a breach by Borrower or Subordinate Lender of any of the terms and provisions contained in this Agreement, such a breach shall constitute an Event of Default, as defined in and under the Senior Loan Documents; and (iii) it will execute and deliver such additional documents and take such additional action as may be necessary or desirable in the opinion of either Subordinate Lender or Senior Lender to effectuate the provisions and purposes of this Agreement.

AGREEMENT BY BORROWER. Borrower agrees that it will not make ----------------------- any payment of any of the Debt, or take any other action, in contravention of the provisions of this Agreement.

AGREEMENT BY BORROWER. Borrower will not at any time insist upon, or plead, or in any manner whatever claim or take any benefit or advantage of any stay or extension or moratorium law, any exemption from execution or sale of the Mortgaged Property or any part thereof, wherever enacted, now or at any time hereafter in force, which may affect the covenants and terms of performance of this Mortgage or any other Loan Document, or claim, take or insist upon any benefit or advantage of any law now or hereafter in force providing for the valuation or appraisal of the Mortgaged Property, or any part thereof, prior to any sale or sales thereof which may be made pursuant to any provision herein, or pursuant to the decree, judgment or order of any court of competent jurisdiction, or, after any such sale or sales, claim or exercise any right under any statute heretofore or hereafter enacted to redeem the property so sold or any part thereof; and Borrower hereby expressly waives all benefit or advantage of any such law or laws and covenants not to hinder, delay or impede the execution of any power herein granted or delegated to Administrative Agent, either for itself or for the benefit of the Lenders, but to suffer and permit the execution of every power as though no such law or laws had been made or enacted. Borrower, on behalf of itself and all who may claim under Borrower, waives, to the extent that it lawfully may, all right to have the Mortgaged Property or any part thereof marshaled upon any foreclosure hereof. ny-1976262