Agreements of Lender. Lender agrees, for itself and for all of the other lenders who now or hereafter may hold an interest in the Loan, that:
Agreements of Lender. (a) Xxxxxx agrees to provide Purchaser from time to time on Purchaser's request an estoppel certificate setting forth the outstanding principal balance of the Loan, stating whether to Xxxxxx's knowledge there are any Defaults by Borrower under the Loan Documents, and if there are any such Defaults or events that Lender has notified Borrower could become Defaults if left uncured during the allowed cure period, describing such Defaults or events that Lender has notified Borrower could become Defaults if left uncured during the allowed cure period.
Agreements of Lender. Subject to Borrowers’ agreements set forth in this Amendment, and the satisfaction of the conditions to the effectiveness of this Amendment, Lender hereby consents to EGT closing or otherwise discontinuing the use of each Commodity Account with XX X’Xxxxx and transferring all funds that are transferrable or withdrawable out of said accounts to the Commodity Accounts at ADMIS that are identified in the Commodity Account Pledge Agreement. Xxxxxx will take all steps reasonably requested by Borrowers to facilitate the transfer of funds in the Commodity Accounts at XX X’Xxxxx to the Commodity Accounts at ADMIS, including the filing of any UCC financing statement amendments or termination statements with respect to any financing statements covering the Commodity Accounts at XX X’Xxxxx.
Agreements of Lender. Wxxxx Fargo Bank, N.A. a national banking association (“Lender”) made a loan to Landlord in the stated principal amount of up to $103,000,000 (the “Loan”), which is secured by, among other things, a Construction Leasehold Mortgage With Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing dated September 2, 2016 (which together with all increases, renewals, extensions and other amendments thereto, is hereinafter called the “Mortgage”) pursuant to which Landlord collaterally assigned its interest in the Lease to Lender as security for the Loan, In connection with the Loan, Landlord, Tenant and Lender entered into a Subordination Agreement, Acknowledgment of Lease Assignment, Attornment and Non-Disturbance Agreement dated September 2, 2016 recorded in the real property records of Miami-Dade County, Florida in OR Book 30219 at Page 1722 (the “SNDA”). By it consent to this First Amendment, Lender hereby agrees as follows:
Agreements of Lender. The Lender for itself and its successors and assigns, agrees that it will not, except as permitted under the Senior Credit Agreement, without the prior written consent of a majority of the holders of the Senior Loan Obligations, (i) modify or amend this Agreement except to the extent not prohibited by the Senior Credit Agreement or the Subordination Agreement, (ii) cancel, waive, forgive, transfer or assign or subordinate the Subordinated Indebtedness to any other Indebtedness of the Borrower or (iii) so long as any Senior Loan Obligations is outstanding, (A) initiate any Proceeding involving the Borrower or any other Loan Party pursuant to which its is sought to adjudicate the Borrower or any other Loan Party bankrupt or insolvent or (B) exercise or assert any right or remedy, by suit or otherwise, against the Borrower or any other Loan Party in respect of the Subordinated Indebtedness except as expressly permitted under the Senior Credit Agreement (provided that nothing herein shall prevent the Lender from filing a claim or statement of interest with respect to the Obligations in any Proceeding).
Agreements of Lender. So long as any Senior Loan Obligation is outstanding, the Lender for itself and its successors and assigns, agrees that it will not, except as permitted under the Senior Credit Agreement or the Lien Subordination Agreement, without the prior written consent of a majority of the holders of the Senior Loan Obligations, (i) modify or amend this Agreement, (ii) cancel, waive, forgive, transfer or assign or subordinate the Subordinated Indebtedness to any other Indebtedness of the Borrower or (iii) (A) initiate any Proceeding involving the Borrower or any other Loan Party pursuant to which it is sought to adjudicate the Borrower or any other Loan Party bankrupt or insolvent or (B) exercise or assert any right or remedy, by suit or otherwise, against the Borrower or any other Loan Party in respect of the Subordinated Indebtedness (provided that nothing herein shall prevent the Lender from filing a claim, proof of debt or statement of interest with respect to the Obligations in any Proceeding).
Agreements of Lender. TOTALBANK, a Florida banking corporation (“Lender”) made a loan to Landlord in the stated principal amount of up to $14,609,000 (the “Loan”), which is secured by, among other things, a Leasehold Mortgage, Assignment of Rents and Leases and Security Agreement dated August 4, 2016 (which together with all increases, renewals, extensions and other amendments thereto, is hereinafter called the “Mortgage”) pursuant to which Landlord collaterally assigned its interest in the Lease to Lender as security for the Loan. In connection with the Loan, Landlord, Tenant and Lender entered into a Subordination, Non-Disturbance and Attornment Agreement dated August 4, 2016 recorded in the real property records of Broward County, Florida under Instrument Number 113856023 (the “SNDA”). By it consent to this First Amendment, Lender hereby agrees as follows:
Agreements of Lender. Bank of America, N.A. a national banking association (“Lender”) made a loan to Landlord in the stated principal amount of up to $81,000,000 (the “Loan”), which is secured by, among other things, a Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing dated August 26, 2016 (which together with all increases, renewals, extensions and other amendments thereto, is hereinafter called the “Mortgage”) pursuant to which Landlord collaterally assigned its interest in the Lease to Lender as security for the Loan. In connection with the Loan, Landlord, Tenant and Lender entered into a Subordination, Non-Disturbance and Attornment Agreement Dated August 26, 2016 recorded in the real property records of Palm Beach County, Florida in Official Records Book 28552, at Page 332, of the Public Records of Palm Beach County, Florida (the “SNDA”). By it consent to this First Amendment, Lender hereby agrees as follows:
Agreements of Lender. Xxxxx Fargo Bank, N.A. a national banking association (“Lender”) made a loan to Landlord in the stated principal amount of up to $103,000,000 (the “Loan”), which is secured by, among other things, a Construction Leasehold Mortgage With Absolute Assignment of Leases and Rents, Security Agreement and Fixture Filing dated September 2, 2016 (which together with all increases, renewals, extensions and other amendments thereto, is hereinafter called the “Mortgage”) pursuant to which Landlord collaterally assigned its interest in the Lease to Lender as security for the Loan. Lender hereby consents to the terms and conditions of this Second Amendment.
Agreements of Lender
