Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, consent or approval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 8 contracts
Samples: Fifth Amended and Restated Credit Agreement (LGI Homes, Inc.), Credit Agreement (LGI Homes, Inc.), Second Amendment to Fifth Amended and Restated Credit Agreement (LGI Homes, Inc.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include a legend substantially as follows, printed in capital letters or boldface type: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) BUSINESS DAYS AFTER THE DELIVERY OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY THE ADDRESSEE OF THE MATTER DESCRIBED ABOVE.”, (d) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved, and (e) shall include the Administrative Agent’s recommended course of action or determination in respect thereof. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of the Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communicationcommunication (“Lender Reply Period”), such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply such recommendation or determination. With respect to any determination, consent, or approval regarding any matter decisions requiring the consent approval of the Requisite Lenders, Administrative Agent shall timely submit any required written notices to all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed upon receiving the required approval or consent shall follow the course of action or determination recommended by Administrative Agent or such other course of action recommended by the Requisite Lenders, and each non-responding Lender shall be effective against a Lender only if deemed to have concurred with such recommended course of action. Notwithstanding the written notice foregoing, any matter requiring all Lenders’ approval or consent shall not be deemed given by any Lender’s failure to respond within any such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”Lender’s Reply Period.
Appears in 6 contracts
Samples: Credit Agreement (Chesapeake Lodging Trust), Credit Agreement (Chesapeake Lodging Trust), Credit Agreement (Chesapeake Lodging Trust)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent consent, approval or disapproval (together with a reasonable written explanation of the reasons behind such objection; provided, that no insufficiency in any such explanation shall effect or otherwise impair such Lender’s objection to the requested determination, consent, approval or disapproval) within ten fifteen (1015) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of provided such requested determination, consent, approval or consented to suchdisapproval; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender directly and adversely affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”12.6.(b).
Appears in 5 contracts
Samples: Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless If a Lender shall give not have given written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communicationinitial written notice, the Administrative Agent shall provide a second written notice to such Lender. If such Lender shall not have given written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval within such additional ten (10) Business Days, such Lender shall be deemed to have conclusively approved of of, or consented to such; providedto, however, that, (x) such determination or any recommendation provided by Administrative Agent. The provisions of this sentence Section shall not apply to any determinationamendment, consent, waiver or approval consent regarding any matter requiring of the consent of all Lenders or all affected Lenders under matters described in Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”Section 13.7(c).
Appears in 5 contracts
Samples: Credit Agreement (Hudson Pacific Properties, L.P.), Credit Agreement (Hudson Pacific Properties, L.P.), Term Loan Credit Agreement (Hudson Pacific Properties, L.P.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent consent, approval or approval disapproval (together with a reasonable written explanation of the reasons behind such objection) within ten fifteen (1015) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of provided such requested determination, consent, approval or consented to suchdisapproval; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender directly and adversely affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”12.6.(b).
Appears in 4 contracts
Samples: Credit Agreement (Hospitality Properties Trust), Term Loan Agreement (Senior Housing Properties Trust), Term Loan Agreement (Senior Housing Properties Trust)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval or consent or approval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, (c) shall include a legend substantially as follows, printed in capital letters or boldface type: “THIS COMMUNICATION REQUIRES IMMEDIATE RESPONSE. FAILURE TO RESPOND WITHIN TEN (10) BUSINESS DAYS AFTER THE DELIVERY OF THIS COMMUNICATION SHALL CONSTITUTE A DEEMED APPROVAL BY THE ADDRESSEE OF THE MATTER DESCRIBED ABOVE.” and (cd) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communicationcommunication (“Lender Reply Period”), such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such requested determination, consent, consent or approval regarding any matter approval. With respect to decisions requiring the consent approval of the Requisite Lenders, Administrative Agent shall timely submit any required written notices to all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed upon receiving the required approval or consent shall follow the course of action or determination recommended by Administrative Agent or such other course of action recommended by the Requisite Lenders, and each non-responding Lender shall be effective against a Lender only if deemed to have concurred with such recommended course of action. Notwithstanding the written notice foregoing, any matter requiring all Lenders’ approval or consent shall not be deemed given by any Lender’s failure to respond within any such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”Lender’s Reply Period.
Appears in 4 contracts
Samples: Term Loan Agreement (Chesapeake Lodging Trust), Credit Agreement (Chesapeake Lodging Trust), Credit Agreement (Chesapeake Lodging Trust)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, consent or approval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, resolved and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to suchsuch requested determination, consent or approval; provided, however, provided that, (x) this sentence shall not apply to any determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent consent: (i) shall be effective against a Lender only if the written notice to such Lender was sent electronically or to no fewer than two (2) persons at such Lender in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous (in a font size that is not less than fourteen (14)) legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMESSPIRIT REALTY, INC. AMENDED AND RESTATED L.P. CREDIT AGREEMENT. AGREEMENT FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”” and (ii) shall not apply to any matter requiring such Lender’s consent under Section 13.6(b) hereof; it being expressly agreed that such matters shall in no event be the subject of deemed approval or consent.
Appears in 3 contracts
Samples: Term Loan Agreement (Spirit Realty Capital, Inc.), Revolving Credit and Term Loan Agreement (Spirit Realty, L.P.), Loan Agreement (Spirit Realty Capital, Inc.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Parent or the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent’s recommended course of action or determination in respect thereof. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of the Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to suchsuch recommendation or determination; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender directly and adversely affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”12.7.(b).
Appears in 3 contracts
Samples: Term Loan Agreement (Parkway Properties Inc), Credit Agreement (Parkway Properties Inc), Credit Agreement (Parkway Properties Inc)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, consent or approval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, resolved and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval (together with a reasonable written explanation of the reasons behind such objection) within ten (10) 10 Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved such requested determination, consent or approval. No amendment, waiver or consent unless in writing and signed by the Administrative Agent, in addition to the Lenders required hereinabove to take such action, shall affect the rights or duties of the Administrative Agent under this Agreement or consented to suchany of the other Loan Documents; provided, however, that, (x) the provisions of this sentence Section shall not apply to any determinationamendment, consent, waiver or approval consent regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”matters described in this Section 9.16.
Appears in 3 contracts
Samples: Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval, including amendments, waivers and consents under Section 12.6, (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Agent’s recommended course of action or determination in respect thereof. Unless a Each Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determinationreply promptly, consent or approval but in any event within ten twenty (1020) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication. Except as otherwise provided in this Agreement and except with respect to items requiring the unanimous consent or approval of the Lenders under Section 12.6, unless a Lender shall give written notice to the Agent that it specifically objects to the recommendation or determination of the Agent (together with a written explanation of the reasons behind such objection) within the applicable time period for reply, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such recommendation or determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 3 contracts
Samples: Credit Agreement (Wells Core Office Income Reit Inc), Credit Agreement (Wells Core Office Income Reit Inc), Credit Agreement (Wells Real Estate Investment Trust Ii Inc)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a reasonable description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Borrower Borrowers or the other Loan Parties in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent’s recommended course of action or determination in respect thereof. Unless Solely with respect to any request for consent or approval requiring only the consent of the Requisite Lenders pursuant to Section 12.07, unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of the Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communicationcommunication (which communication shall include a reasonably conspicuous notation regarding the deemed effectiveness thereof absent such lender’s consent), such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such recommendation or determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 3 contracts
Samples: Credit Agreement (General Growth Properties, Inc.), Credit Agreement (General Growth Properties, Inc.), Credit Agreement (General Growth Properties, Inc.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Parent or the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Agent’s recommended course of action or determination in respect thereof. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of the Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to suchsuch recommendation or determination; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender directly and adversely affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”12.7.(b).
Appears in 3 contracts
Samples: Credit Agreement (First Potomac Realty Trust), Term Loan Agreement (First Potomac Realty Trust), Revolving Credit Agreement (First Potomac Realty Trust)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Parent or the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent’s recommended course of action or determination in respect thereof. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of the Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply such recommendation or determination. With respect to any determination, consent, or approval regarding any matter decisions requiring the consent approval of the Requisite Lenders, Administrative Agent shall timely submit any required written notices to all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed upon receiving the required approval or consent shall follow the course of action or determination recommended by Administrative Agent or such other course of action recommended by the Requisite Lenders, and each non-responding Lender shall be effective against a Lender only if deemed to have concurred with such recommended course of action. Notwithstanding the written notice foregoing, any matter requiring all Lenders’ approval or consent shall not be deemed given by any Lender’s failure to respond within any such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”Lender’s Reply Period.
Appears in 2 contracts
Samples: Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s 's determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue thing as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue thing may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Borrower or Guarantor in respect of the matter or issue to be resolved, and (d) shall include Agent's recommended course of action or determination in respect thereof. Each Lender shall reply promptly, but in any event (x) within ten Business Days (or such lesser period as may be required under the Loan Documents for Agent to respond) for those matters relating to foreclosure on, disposition of or the exercise of any similar remedy with respect to any Collateral and (y) within fifteen Business Days (or such lesser period as may be required under the Loan Documents for Agent to respond) for any other matter. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval within ten determination of Agent (10) Business Days (or such lesser or greater period as may be specifically required under the express terms together with a written explanation of the Loan Documentsreasons behind such objection) of receipt of such communicationwithin the applicable time period for reply, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such recommendation or determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 2 contracts
Samples: Credit Agreement (Security Capital Group Inc/), Credit Agreement (Security Capital Group Inc/)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent’s recommended course of action or determination in respect thereof. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of the Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten fifteen (1015) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to suchsuch recommendation or determination; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender directly and adversely affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”12.7.(c).
Appears in 2 contracts
Samples: Term Loan Agreement (Hospitality Properties Trust), Credit Agreement (Hospitality Properties Trust)
Approvals of Lenders. Administrative Agent and Requisite Lender shall not be required to communicate with the holder of the Tranche B Promissory Note. All communications from the Administrative Agent to any Requisite Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such LenderLender (unless such Lender and the Administrative Agent are the same Person), (b) shall be accompanied (unless such Lender and the Administrative Agent are the same Person) by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall includeinclude (unless such Lender and the Administrative Agent are the same Person), if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved, and (d) shall include (unless such Lender and the Administrative Agent are the same Person) the Administrative Agent’s recommended course of action or determination in respect thereof. Unless a Requisite Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such recommendation or determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 1 contract
Samples: Loan Agreement (Dividend Capital Total Realty Trust Inc.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Borrower Xxxxxxxx in respect of the matter or issue to be resolved, and (d) shall include Administrative Agent’s recommended course of action or determination in respect thereof. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days and such Lender does not so object within five (5) Business Days from the date Lender receives a second written request for approval from Administrative Agent (or such lesser or greater period periods as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such; providedsuch recommendation or determination. Notwithstanding anything in this Article XI or elsewhere in this Agreement or any other Loan Document to the contrary, howeverincluding any other provision containing “notwithstanding anything to the contrary” or other similar language, that, (x) this sentence shall not apply to Borrower may rely on any determination, consent, approval, or any other determination made by Administrative Agent, as though such consent, approval, or other determination was made by any Lender or Lenders required to grant such consent or approval regarding any matter requiring or make such determination under the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) Loan Documents, in each case, without having to obtain any such deemed consent, approval or consent shall be effective against a other determination from any Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INCLenders. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.Section
Appears in 1 contract
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s 's determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved, and (d) shall include Administrative Agent's recommended course of action or determination in respect thereof. Unless a Each Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determinationreply promptly, consent or approval but in any event within ten (10) Business Days days (or such lesser or greater period as may be specifically required under the express terms of the Loan DocumentsDocuments or a Post-Foreclosure Plan) of receipt of such communication. Except as otherwise provided in this Agreement and except with respect to items requiring the unanimous consent or approval of the Lenders pursuant to Section 10.12, unless a Lender shall give written notice to Administrative Agent that it specifically objects to the recommendation or determination of Administrative Agent (together with a written explanation of the reasons behind such objection) within the applicable time period for reply, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such recommendation or determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 1 contract
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent consent, approval or disapproval (together with a reasonable written explanation of the reasons behind such objection; provided, that no insufficiency in any such explanation shall effect or otherwise impair such Lender’s objection to the requested determination, consent, approval or disapproval) within ten fifteen (1015) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of provided such requested determination, consent, approval or consented to suchdisapproval; provided, however, that, (x) that this - 125 - sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender directly and adversely affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”12.6.(b).
Appears in 1 contract
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such LenderXxxxxx’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, consent or approval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, resolved and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval (together with a reasonable written explanation of the reasons behind such objection) within ten (10) 10 Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved such requested determination, consent or approval. No amendment, waiver or consent unless in writing and signed by the Administrative Agent, in addition to the Lenders required hereinabove to take such action, shall affect the rights or duties of the Administrative Agent under this Agreement or consented to suchany of the other Loan Documents; provided, however, that, (x) the provisions of this sentence Section shall not apply to any determinationamendment, consent, waiver or approval consent regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”matters described in this Section 9.16.
Appears in 1 contract
Samples: Credit Agreement (Essential Properties Realty Trust, Inc.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Borrower Parent in respect of the matter or issue to be resolved, and (d) shall include the Agent’s recommended course of action or determination in respect thereof. Unless a Each Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determinationreply promptly, consent or approval but in any event within ten (10) 10 Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication. If a Lender does not so respond to the Agent within such period, the Agent may issue a second request in writing to such Lender for such determination, consent, approval or disapproval, which shall include in the heading a notice in capital letters that such request is a second request and that such Lender’s consent or approval shall be deemed to have been given if no response is received by the Agent within five (5) Business Days after such second request. Except as otherwise provided in this Agreement, unless a Lender shall give written notice to the Agent that it specifically objects to the recommendation or determination of the Agent (together with a written explanation of the reasons behind such objection) within five (5) Business Days of such second request, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such recommendation or determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 1 contract
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s 's determination, consent consent, approval or approval disapproval, including amendments, waivers and consents under Section 12.6, (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent's recommended course of action or determination in respect thereof. Unless a Each Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determinationreply promptly, consent or approval but in any event within ten twenty (1020) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication. Except as otherwise provided in this Agreement and except with respect to items requiring the unanimous consent or approval of the Lenders under Section 12.6, unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the recommendation or determination of the Administrative Agent (together with a written explanation of the reasons behind such objection) within the applicable time period for reply, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such recommendation or determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 1 contract
Samples: Credit Agreement (Wells Core Office Income Reit Inc)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval or consent or approval LEGAL02/38482536v6 is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Parent and the Borrower in respect of the matter or issue to be resolved. Each Lender shall reply promptly, but in any event within 10 Business Days (or such lesser or greater period as may be specifically required under the Loan Documents) of receipt of such communication. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms determination of the Loan DocumentsAdministrative Agent (together with a written explanation of the reasons behind such objection) of receipt of such communicationwithin the applicable time period for reply (which shall be no less than 10 Business Days), such Lender shall be deemed to have conclusively approved such requested determination, consent or approval. The provisions of or consented to such; provided, however, that, (x) this sentence Section shall not apply to any determinationamendment, consent, waiver or approval consent regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”matters described in Section 12.6.(b).
Appears in 1 contract
Samples: Term Loan Agreement (Corporate Office Properties, L.P.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such LEGAL02/3698915037492873v32 Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent consent, approval or approval disapproval (together with a reasonable written explanation of the reasons behind such objection) within ten fifteen (1015) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of provided such requested determination, consent, approval or consented to suchdisapproval; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender directly and adversely affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”12.6.(bc).
Appears in 1 contract
Samples: Term Loan Agreement (Senior Housing Properties Trust)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such LenderLender (which written notice may be delivered via electronic mail), (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Borrower Bxxxxxxx in respect of the matter or issue to be resolved, and (d) shall include Administrative Agent’s recommended course of action or determination in respect thereof. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such recommendation or determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any provided that no such deemed approval or consent shall be effective against a applicable to consents required pursuant to Section 18.11(c) hereof. Administrative Agent shall have the right to consult with each Lender only if with respect to any decision to be made by Administrative Agent pursuant to the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” terms and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”conditions hereof.
Appears in 1 contract
Samples: Loan Agreement (Industrial Logistics Properties Trust)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless Except for the amendments, consents or waivers that require the approval of specific Lenders or the Administrative Agent as set forth in clauses (a) through (f) of Section 9.01, unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent consent, approval or approval disapproval (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Credit Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such requested determination, consent, approval or approval regarding disapproval.
(q) The Credit Agreement is further amended by adding the parenthetical “(excluding the Lender which is also acting as Administrative Agent)” immediately after “If any matter requiring Lender” in the consent beginning of all the second sentence of Section 8.04 thereof. LEGAL02/34672914v4
(r) The Credit Agreement is further amended by adding the following proviso at the end of the fourth sentence of Section 8.07 thereof (which, for the avoidance of doubt, ends with “and otherwise shall be an Eligible Assignee”): ; provided that if the Administrative Agent shall notify the Borrower and the Lenders or all affected Lenders under Section 13.7(b) that no Lender has accepted such appointment, then such resignation shall nonetheless become effective in accordance with such notice and (y1) any such deemed approval or consent the Administrative Agent shall be effective against discharged from its duties and obligations hereunder and under the other Credit Documents and (2) all payments, communications and determinations provided to be made by, to or through the Administrative Agent shall instead be made to each Lender and the L/C Issuer directly, until such time as a Lender only successor Administrative Agent has been appointed as provided for above in this Section; provided, further that such Lenders and L/C Issuer so acting directly shall be and be deemed to be protected by all indemnities and other provisions herein for the benefit and protection of the Administrative Agent as if the written notice to each such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend L/C Issuer were itself the Administrative Agent.
(s) The Credit Agreement is further amended by adding the following new subsection (h) at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.end Section 9.07 thereof:
Appears in 1 contract
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval or consent or approval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably LEGAL02/36006473v7 requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Parent and the Borrower in respect of the matter or issue to be resolved. Each Lender shall reply promptly, but in any event within 10 Business Days (or such lesser or greater period as may be specifically required under the Loan Documents) of receipt of such communication. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms determination of the Loan DocumentsAdministrative Agent (together with a written explanation of the reasons behind such objection) of receipt of such communicationwithin the applicable time period for reply (which shall be no less than 10 Business Days), such Lender shall be deemed to have conclusively approved such requested determination, consent or approval. The provisions of or consented to such; provided, however, that, (x) this sentence Section shall not apply to any determinationamendment, consent, waiver or approval consent regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”matters described in Section 12.6.(b).
Appears in 1 contract
Samples: Term Loan Agreement (Corporate Office Properties, L.P.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent’s recommended course of action or determination in respect thereof. Unless Each Lender shall reply promptly, but in any event within 15 Business Days (or such lesser or greater period as may be specifically required under the Loan Documents) of receipt of such communication. Except as otherwise provided in this Agreement, unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms determination of the Loan Documents) of receipt of such communicationAdministrative Agent within the applicable time period for reply, such Lender shall be deemed to have conclusively approved of or consented to suchsuch recommendation or determination; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender adversely affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”12.6.(b).
Appears in 1 contract
Samples: Credit Agreement (CubeSmart, L.P.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and a summary of all oral information provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a , (d) shall include the Administrative Agent’s recommended course of action or determination in respect thereof and (e) shall set forth in boldface letters that failure by any Lender shall give written notice to specifically object to the recommendation or determination of the Administrative Agent that it specifically objects to (together with a reasonable written explanation of the requested determination, consent or approval reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such recommendation or determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against . Unless a Lender only if the shall give written notice to such Lender was sent electronically the Administrative Agent that it specifically objects to the recommendation or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top determination of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such recommendation or determination.
Appears in 1 contract
Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent’s recommended course of action or determination in respect thereof. Unless Each Lender shall reply promptly, but in any event within 15 Business Days (or such lesser or greater period as may be specifically required under the Loan Documents) of receipt of such communication. Except as otherwise provided in this Agreement, unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms determination of the Loan Documents) of receipt of such communicationAdministrative Agent within the applicable time period for reply, such Lender shall be deemed to have conclusively approved of or consented to suchsuch recommendation or determination; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender adversely affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC12.6.(b). AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 1 contract
Samples: Credit Agreement (CubeSmart, L.P.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, consent or approval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. AGREEMENT FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 1 contract
Samples: Credit Agreement (LGI Homes, Inc.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Parent or the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent’s recommended course of action or determination in respect thereof. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of the Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) 10 Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to suchsuch recommendation or determination; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender directly affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”13.7.(b).
Appears in 1 contract
Samples: Credit Agreement (Excel Trust, Inc.)
Approvals of Lenders. All communications from In the event that Administrative Agent to any Lender requesting such requests a Lender’s consent, approval or determination, consent or approval and Administrative Agent does not receive the Lender’s written response within seven (a7) Business Days of the request therefor (the “Lender Reply Period”), Administrative Agent shall send such Lender a reminder notice, which shall, at the top of such notice, set forth a legend in all caps and bolded text as follows: “THIS IS A REMINDER NOTICE RELATING TO AN ACTION OR DECISION CONCERNING THE LOAN WITH RESPECT TO [●] RECOMMENDED BY ADMINISTRATIVE AGENT IN THAT CERTAIN NOTICE DATED AS OF [_______]. IF ADMINISTRATIVE AGENT DOES NOT RECEIVE A WRITTEN APPROVAL OR DISAPPROVAL FROM THE ADDRESSEE OF SUCH ACTION OR DECISION WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE HEREOF, WHICH DATE IS [___], SUCH ADDRESSEE SHALL BE DEEMED TO HAVE APPROVED SUCH ACTION OR DECISION.” Notwithstanding the foregoing, if Administrative Agent determines in its reasonable business judgment that there is not sufficient time for a reminder notice, Administrative Agent shall not be given required to send a reminder notice but shall instead send the initial notice to Lenders with a legend substantially in the form required for the reminder notice but stating that failure to receive a written approval or disapproval from such Lender within the initial Lender Reply Period shall be deemed approval by such Lender of the proposed action or decision. Unless a Lender delivers written notice to such LenderAdministrative Agent within the Lender Reply Period, (b) which for the purposes herein shall be accompanied by a description of include the matter or issue as to which such determination, consent or approval is requested, or shall advise such Lender where informationperiod set forth in the reminder notice, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by that such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms determination of the Loan Documents) of receipt of such communicationAdministrative Agent, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any such recommendation or determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold. SMRH:4847-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.1441-2233.18 -90-
Appears in 1 contract
Samples: Revolving and Term Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, consent or approval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, resolved and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under 110 the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to suchsuch requested determination, consent or approval; provided, however, that, (x) this sentence shall not apply to any determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent consent: (i) shall be effective against a Lender only if the written notice to such Lender was sent electronically or to no fewer than two (2) persons at such Lender in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous (in a font size that is not less than fourteen (14)) legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMESSPIRIT REALTY, INC. AMENDED AND RESTATED L.P. CREDIT AGREEMENT. AGREEMENT FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”” and (ii) shall not apply to any matter requiring such Lender’s consent under Section 13.6(b) hereof; it being expressly agreed that such matters shall in no event be the subject of deemed approval or consent.
Appears in 1 contract
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, consent or approval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. AGREEMENT FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 1 contract
Samples: Credit Agreement (LGI Homes, Inc.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s 's determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Parent or the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent's recommended course of action or determination in respect thereof. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of the Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to suchsuch recommendation or determination; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender directly and adversely affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”12.7.(b).
Appears in 1 contract
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent consent, approval or approval disapproval (together with a reasonable written explanation of the reasons behind such objection) within ten fifteen (1015) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of provided such requested determination, consent, approval or consented to suchdisapproval; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender directly and adversely affected Lenders under thereby pursuant to Section 13.7(b12.7.(b). (nn) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or The Credit Agreement is hereby further amended by restating Section 11.4. thereof in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.its entirety as follows:
Appears in 1 contract
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent’s recommended course of action or determination in respect thereof. Unless Each Lender shall reply promptly, but in any event within 15 Business Days (or such lesser or greater period as may be specifically required under the Loan Documents) of receipt of such communication. Except as otherwise provided in this Agreement, unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms determination of the Loan Documents) of receipt of such communicationAdministrative Agent within the applicable time period for reply, such Lender shall be deemed to have conclusively approved of or consented to suchsuch recommendation or determination; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender adversely affected Lenders under thereby pursuant to Section 13.7(b12.6.(b).
(ee) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top The Credit Agreement is further amended by restating Section 11.7. of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.Credit Agreement to read as follows:
Appears in 1 contract
Samples: Credit Agreement (CubeSmart, L.P.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials and, as appropriate, a brief summary of all oral information provided to the Administrative Agent by the Parent or the Borrower in respect of the matter or issue to be resolved, and (d) shall include the Administrative Agent’s recommended course of action or determination in respect thereof. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent recommendation or approval determination of the Administrative Agent (together with a reasonable written explanation of the reasons behind such objection) within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to suchsuch recommendation or determination; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all Lenders or all each Lender directly and adversely affected Lenders under thereby pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”13.7.(b).
Appears in 1 contract
Samples: Credit Agreement (Pacific Office Properties Trust, Inc.)
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, consent or approval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, resolved and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to suchsuch requested determination, consent or approval; provided, however, provided that, (x) this sentence shall not apply to any determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent consent: (i) shall be effective against a Lender only if the written notice to such Lender was sent electronically or to no fewer than two (2) persons at such Lender in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous (in a font size that is not less than fourteen (14)) legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMESSPIRIT REALTY, INC. AMENDED AND RESTATED L.P. CREDIT AGREEMENT. AGREEMENT FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”” and (ii) shall not apply to any matter requiring such Xxxxxx’s consent under Section 13.6(b) hereof; it being expressly agreed that such matters shall in no event be the subject of deemed approval or consent.
Appears in 1 contract
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent consent, approval or approval disapproval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, approval, consent or approval disapproval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent consent, approval or disapproval (together with a reasonable written explanation of the reasons behind such objection; provided, that no insufficiency in any such explanation shall effect or otherwise impair such Lender’s objection to the requested determination, consent, approval or disapproval) within ten (10) 10 Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan DocumentsDocuments or set forth in the applicable request for determination, consent, approval or disapproval from the Administrative Agent to the Lenders) of receipt of such communication, such Lender shall be deemed to have conclusively approved of provided such requested determination, consent, approval or consented to suchdisapproval; provided, however, that, (x) that this sentence shall not apply to any determinationamendments, consent, waivers or approval regarding any matter requiring consents that require the written consent of all applicable Lenders or all affected Lenders under pursuant to Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”12.6(b).
Appears in 1 contract
Approvals of Lenders. All communications from the Administrative Agent to any Lender requesting such Lender’s determination, consent or approval (a) shall be given in the form of a written notice to such Lender, (b) shall be accompanied by a description of the matter or issue as to which such determination, consent or approval is requested, or shall advise such Lender where information, if any, regarding such matter or issue may be inspected, or shall otherwise describe the matter or issue to be resolved, and (c) shall include, if reasonably requested by such Lender and to the extent not previously provided to such Lender, written materials provided to the Administrative Agent by the Borrower in respect of the matter or issue to be resolved. Unless a Lender NAI-1502661059v7 108 shall give written notice to the Administrative Agent that it specifically objects to the requested determination, consent or approval within ten (10) Business Days (or such lesser or greater period as may be specifically required under the express terms of the Loan Documents) of receipt of such communication, such Lender shall be deemed to have conclusively approved of or consented to such; provided, however, that, (x) this sentence shall not apply to any determination, consent, or approval regarding any matter requiring the consent of all Lenders or all affected Lenders under Section 13.7(b) and (y) any such deemed approval or consent shall be effective against a Lender only if the written notice to such Lender was sent electronically or in an envelope marked “PRIORITY” and contained a bold-faced, conspicuous legend at the top of the first page thereof stating “NOTICE: THIS IS A REQUEST FOR CONSENT UNDER THE LGI HOMES, INC. AMENDED AND RESTATED CREDIT AGREEMENT. AGREEMENT FAILURE TO RESPOND TO THIS REQUEST WITHIN TEN (10) BUSINESS DAYS MAY RESULT IN THE REQUEST BEING DEEMED GRANTED”.
Appears in 1 contract
Samples: Credit Agreement (LGI Homes, Inc.)