ASSET LOAN DOCUMENTS. Neither Borrower nor any Asset Guarantor shall amend, modify or supplement any of the Asset Loan Documents without Lender’s prior written consent. Neither Borrower nor any Asset Guarantor shall waive or modify any defaults by any Asset Borrower under the Asset Loan Documents or waive or modify any maturity date extension requirements under the Asset Loan Documents, each without Lender’s prior written consent. Neither Borrower nor any Asset Guarantor shall commence any foreclosure or other remedial action without Lender’s prior written consent and neither Borrower nor any Asset Guarantor shall consummate any foreclosure or other remedies under any of the Asset Loan Documents without Lender’s prior written consent. Neither Borrower nor any Asset Guarantor shall release any collateral securing any portion of any Asset Loan, except pursuant to Article 8 below. Lender’s prior written consent for an amendment or modification of any Asset Loan under this Section 4.4. shall not be unreasonably withheld, conditioned or delayed for an amendment or modification of any Asset Loan so long as the item for which Lender’s consent is requested does not materially modify the terms of the Asset Loan or affect Lender’s security in the Collateral or affect Borrower’s ability to perform its obligations under the Loan Documents. Notwithstanding anything the contrary contained herein or the other Loan Documents, (i) Lender’s prior written consent shall not be required for amendments, modifications or supplements to any of the Asset Loan Documents that are solely of a de minimis and administrative nature, such as, for example, the modification of notice information, and (ii) Borrower shall provide Lender with prior written notice of any amendment, modification, supplement, waiver, or commencement or exercise of any remedial action in connection with any Asset Loan and provide Lender with copies of documents relating thereto promptly following execution or receipt thereof.
ASSET LOAN DOCUMENTS. (i) The validity or effectiveness of any Asset Loan Document or the transfer, grant, pledge or assignment by the Person executing it is materially impaired as determined by the non-appealable decision of a court of competent jurisdiction; (ii) it is determined by the non-appealable decision of a court of competent jurisdiction that any Asset Loan Document is not a legal, valid and binding obligation of such party enforceable in accordance with its terms; (iii) the security interest or lien purporting to be created by any of the Asset Loan Documents ceases to be a valid, perfected lien; or (iv) any Asset Loan Document is amended, subordinated, terminated or discharged, or any Person is released from any of its covenants or obligations except to the extent that Lender expressly consents in writing thereto; or
