Certain Additional Rights of Lender. Notwithstanding anything to the contrary which may be contained in this Agreement, Lender shall have:
Certain Additional Rights of Lender. Notwithstanding anything to the contrary which may be contained in this Agreement, Lender shall have the right from time to time upon Lender’s request to consult with and advise Pledgor’s management regarding the significant business activities and business and financial developments of Pledgor, provided, however, that such consultations shall not include discussions of environmental compliance programs or disposal of hazardous substances. Routine consultation meetings may occur no more frequently than quarterly, with Lender having the right to call special meetings at any reasonable time (but not more frequently than once per quarter). Pledgor shall have no obligation to adhere to any advice proposed by Lender, except where otherwise specifically required elsewhere in the Loan Documents. The rights described above may be exercised by any entity which owns and controls, directly or indirectly, substantially all of the interests in Lender.
Certain Additional Rights of Lender. Notwithstanding anything to the contrary contained in this Agreement, and subject to Borrower’s reasonable restriction on the use and disclosure of such information and the Borrower’s right to limit such disclosure to comply with applicable securities laws or its fiduciary duties, Lenders collectively shall have:
Certain Additional Rights of Lender. (VCOC). Notwithstanding anything to the contrary contained in this Agreement, Lender shall have:
Certain Additional Rights of Lender. Notwithstanding anything to the contrary which may be contained in this Agreement, Lender shall have the right from time to time upon Lender’s request to consult with Borrower’s management regarding the significant business activities and business and financial developments of Borrower, provided, however, that such consultations shall not include discussions of environmental compliance programs or disposal of hazardous substances. Routine consultation meetings may occur no more frequently than quarterly, with Lender having the right to call special meetings at any reasonable time (but not more frequently than once per quarter). The rights described above may be exercised by any entity which owns and controls, directly or indirectly, substantially all of the interests in Lender.
Certain Additional Rights of Lender. (VCOC). Notwithstanding anything which may be contained in this Agreement to the contrary, Agent and each Lender shall have:
Certain Additional Rights of Lender. 82 10.24 Set-Off........................................................83 10.25 Counterparts...................................................83 Schedule 1 Required Repairs Schedule 2 Exceptions to Representations and Warranties Schedule 3 Rent Roll Schedule 4 Organization of Borrower Schedule 5 Definition of Special Purpose Bankruptcy Remote Entity Schedule 6 Description of Road Widening Parcel LOAN AGREEMENT LOAN AGREEMENT dated as of May 25, 2005 (as the same may be modified, supplemented, amended or otherwise changed, this "Agreement") between FT-AMHERST PROPERTY LLC, a Delaware limited liability company (together with its permitted successors and assigns, "Borrower"), and GREENWICH CAPITAL FINANCIAL PRODUCTS, INC., a Delaware corporation (together with its successors and assigns, "Lender").
Certain Additional Rights of Lender. (VCOC). Notwithstanding anything to the contrary contained in this Agreement, Lender shall have the following rights, to the extent reasonably required for Lender or such other VCOC Investor to qualify, or maintain its qualification, as a “venture capital operating company”, for purposes of the United States Department of Labor Regulation Section 2510.3-101(d):
Certain Additional Rights of Lender. Subject to the terms hereof, Lender shall have the right:
Certain Additional Rights of Lender. (VCOC). Notwithstanding anything to the contrary contained in this Agreement, Lender shall have: (a) the right to routinely consult with and advise Borrower’s management regarding the significant business activities and business and financial developments of Borrower; provided, however, that such consultations shall not include discussions of {12282340:5} 133 environmental compliance programs or disposal of Hazardous Substances. Consultation meetings should occur on a regular basis with Xxxxxx having the right to call special meetings at any reasonable times upon reasonable notice; (b) the right, in accordance with the terms of this Agreement, to examine the books and records of Borrower at any reasonable times upon reasonable notice; (c) the right, in accordance with the terms of this Agreement to receive monthly, quarterly and year-end financial reports, including balance sheets, statements of income, shareholder’s equity and cash flow, a management report and schedules of outstanding indebtedness; (d) the right to receive written notice of and attend as an observer meetings of Xxxxxxxx; (e) upon reasonable request and at reasonable times during normal business hours, the right to visit and inspect any physical properties owned by Borrower and pledged as collateral for the Loan; and (f) the right, without restricting any other rights of Lender under this Agreement (including any similar right), to approve any acquisition by Borrower of any other significant property (other than personal property required for the day to day operation of the Property). The rights described above in this Section 15.21 may be exercised by any entity which owns and controls, directly or indirectly, substantially all of the interests in Lender. Borrower hereby represents to Lender, as of the date hereof, that (i) at least fifty percent (50%) of Borrower’s assets, valued at cost (other than short-term investments pending long-term commitment or distribution to investors), are invested, directly or indirectly, in real estate, and (ii) Borrower has the right to, and actually does on a continuous basis, regularly and substantially participate directly in management and/or development activities with respect to such real estate. If any part of the foregoing sentence ceases to be true and correct in any respect after the date hereof, Borrower will promptly notify Lender of such change. The aforementioned rights are intended to satisfy the requirement of “management rights” for purpo...
