Agreements of Borrower. Borrower hereby agrees as followx:
(a) Upon the occurrence of an Evxxx xx Default, Borrower irrevocably appoints Lender its true and lawful attorney-in-fact, at the option of Lender at any time and from time to time, to take possession and control of the Mortgaged Estate, pursuant to Borrower's rights as lessor under the Leases, and to demand, receive and enforce payment, to give receipts, releases and satisfaction and to sue, in the name of Borrower or Lender, for all Rents;
(b) If any of the Leases provide for a security deposit paid by the Tenant thereunder to Borrower, this Assignment shall transfer to the Lender all of Borrower's right, title and interest in and to such security deposits; provided, however, that Borrower shall have the right to retain such security deposits so long as no Event of Default shall have occurred; and provided, further, that Lender shall have no obligation to any such Tenant with respect to such security deposits unless and until Lender comes into actual possession and accepts control of such security deposits by notice to such Tenant;
(c) With respect to any Lease or Leases of 7,500 square feet or more (in the aggregate) to any single Tenant, Borrower shall not terminate any such Lease (except pursuant to the terms of such Lease upon a default by the Tenant thereunder), grant concessions or modify or amend any such Lease in any material manner, or consent to an assignment or subletting, without the prior written consent of Lender;
(d) Borrower has not and shall not collect any Rent more than one (1) month in advance of the date on which it becomes due under the terms of each Lease, or discount any future accruing Rent, or waive any right of setoff against any Tenant under the Leases;
(e) Except with the prior written consent of Lender, Borrower shall not permit a subordination of any Lease to any mortgage, deed of trust or other encumbrance, or any other lease, now or hereafter affecting the Mortgaged Estate or any part thereof, or permit the conversion of any Lease to a sublease;
(f) Borrower shall faithfully perform and discharge all obligations of the landlord under the Leases, and shall give prompt written notice to Lender of any notice of Borrower's default received from a Tenant or any other person and shall xxxxxxx Lender with a complete copy of said notice;
(g) Upon the request of Lender, Borrower shall promptly provide to Lender a true and correct copy of xxx xxisting Leases; and
(h) Nothing herein shall be constr...
Agreements of Borrower. The Borrower agrees that, unless otherwise agreed in writing by the Bank, it will:
Agreements of Borrower. Borrower agrees that:
a) Lender shall have the right to hold the original copy of the Letter of Credit; and
b) Lender shall have the right to draw upon the Letter of Credit pursuant to the terms and provisions of Section 4.07 of the Lease.
c) The foregoing notwithstanding, as between Lender and Borrower, the provisions of the Loan Documents shall govern and control the rights and priorities of Borrower and Lender in, to and under the Letter of Credit and which of Borrower or Lender shall have the right to make drawings on the Letter of Credit, whether the proceeds of any drawing under the Letter of Credit shall be paid to Borrower or retained by Lender, the order of application of the proceeds of any drawing under the Letter of Credit against the obligations of Borrower under the Loan Documents and any similar or related matters.
d) Borrower may not assign or otherwise transfer Borrower’s rights as a co-beneficiary under the Letter of Credit to any other party without the prior written consent of Lender, except in connection with any assignment or transfer of the Premises or Lease permitted without Lender’s consent pursuant to the terms of the Loan Documents.
Agreements of Borrower. Borrower and any other party now or hereafter liable for the payment of this Note, in whole or in part, hereby severally: (i) waive demand, presentment for payment, notice of nonpayment, protest, notice of protest, notice of intent to accelerate, notice of acceleration and all other notice, filing of suit and diligence in collecting this Note, (ii) agree to the release of any party primarily or secondarily liable hereon, (iii) agree that Lender shall not be required to first institute suit or exhaust its remedies hereon against Borrower or others liable or to become liable hereon or to enforce its rights against them, and (iv) consent to any extension or postponement of time of payment of this Note and to any other indulgence with respect hereto without notice thereof to any of them.
Agreements of Borrower. The Borrower hereby agrees that the Additional Initial Term Lender shall be a Lender under the Credit Agreement having the Loans as set forth herein. The Borrower agrees that the Additional Initial Term Lender shall have all of the rights and remedies of a Lender under the Credit Agreement and the other Loan Documents as if the Additional Initial Term Lender were an original Lender under and signatory to the Credit Agreement. Further, the Additional Initial Term Lender shall be entitled to the indemnification provisions from the Borrower in favor of the Lenders as provided in the Credit Agreement and the other Loan Documents.
Agreements of Borrower. Xxxxxxxx agrees that:
a) Xxxxxxxx will immediately notify Xxxxxx in writing of any change in Borrower's name or corporate structure, and of any change in the location of Borrower's place of business and of the location of each additional place of business established by Xxxxxxxx.
b) B01rnwer will indemnify Lender with respect to all losses, damages, liabilities, and expenses (including attorney fees) incurred by Lender by reason of any failure of Borrower to comply with any of Borrower's obligations under this agreement or by reason of any warranty or representation made by Borrower to Lender in this Note being false in any material respect.
Agreements of Borrower. (a) Borrower hereby (i) expressly acknowledges the terms of this Amendment, (ii) ratifies and affirms after giving effect to this Amendment its obligations under the Loan Documents executed by Borrower and (iii) after giving effect to this Amendment, acknowledges, renews and extends its continued liability under all such Loan Documents and agrees such Loan Documents remain in full force and effect.
(b) Borrower hereby reaffirms, as of the Amendment No. 1 Effective Date, and after giving effect to this Amendment, the covenants and agreements contained in each Loan Document to which it is a party.
(c) Borrower hereby acknowledges and agrees that the acceptance by the Administrative Agent, each Lender and each other Agent of this Amendment shall not be construed in any manner to establish any course of dealing on any Agent’s or Lender’s part, including the providing of any notice or the requesting of any acknowledgment not otherwise expressly provided for in any Loan Document with respect to any future amendment, waiver, supplement or other modification to any Loan Document or any arrangement contemplated by any Loan Document.
Agreements of Borrower. A. Borrower will take adequate care of the Collateral; insure the Collateral for such hazards and in such amounts as Secured Parties direct, policies to be satisfactory to Secured Parties; pay all costs necessary to obtain, preserve, and enforce this security interest, collect the Obligation, and preserve the Collateral, including, but not limited to, taxes, assessments, insurance premiums, repairs, reasonable attorneys' fees and legal expenses, rent, storage costs, and expenses of sale; furnish Secured Parties with any information on the Collateral requested by Secured Parties; allow Secured Parties to inspect the Collateral and inspect and copy all records relating to the Collateral and the Obligation; sign any papers furnished by Secured Parties which are necessary to obtain and maintain this security interest; assist Secured Parties in complying with the Federal Assignment of Claims Act, where necessary to enable Secured Parties to become an assignee under that Act; take necessary steps to preserve the liability of account borrowers, obligators, and secondary parties whose obligations are part of the Collateral; notify Secured Parties of any material change occurring in or to the Collateral, or in material fact or circumstance warranted or represented by Borrower in this Agreement or furnished to Secured Parties, or if any event of default occurs.
B. Outside of the ordinary course of business, Borrower will not, without Secured Parties' consent, remove the Collateral from the locations specified herein; allow the Collateral to become an accession to other goods; sell, lease, otherwise transfer the Collateral.
Agreements of Borrower. The Borrower agrees that the Credit Agreement and the other Loan Documents have not previously been modified, are in full force and effect and are ratified and confirmed hereby.
Agreements of Borrower. Borrower hereby, warrants, represents, covenants and agrees as follows:
