Common use of Certain Additional Rights of Lender Clause in Contracts

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 environmental compliance programs or disposal of hazardous substances. Consultation meetings should occur on a regular basis (no less frequently than quarterly) with Lender having the right to call special meetings at any reasonable times and upon reasonable advance 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, including Section 5.1.1(f) hereof, 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; and (d) 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 10.22 may be exercised by any entity which owns and Controls, directly or indirectly, substantially all of the interests in Lender.

Appears in 1 contract

Samples: Loan Agreement (Instil Bio, Inc.)

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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 that any such advice or consultation shall be completely nonbinding on Borrower, and; provided, however, that such consultations shall not include discussions of environmental compliance programs or disposal of hazardous substances. Consultation meetings should occur on a regular basis (no less frequently than quarterly) with Lender having the right to call special meetings at any reasonable times and upon reasonable advance 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, including including, without limitation, Section 5.1.1(f) 5.1.11 hereof, to receive monthly, quarterly and year-year end financial reports, including balance sheets, statements of income, shareholder’s equity and cash flow, a management report and schedules of outstanding Indebtednessindebtedness, in each case to the extent explicitly set forth herein; and and (d) the right, without restricting any other rights of Lender under this Agreement (including any similar right), to reasonably approve any acquisition by Borrower of any other significant property (other than personal property required for the day to day operation of the Property)real property. The rights described above in this Section 10.22 10.26 that are afforded to any Lender may be exercised by any entity which owns and Controlscontrols, directly or indirectly, substantially all of the interests in such Lender.

Appears in 1 contract

Samples: Loan Agreement

Certain Additional Rights of Lender. (VCOC). Notwithstanding anything to the contrary which may be contained in this AgreementAgreement to the contrary, 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 environmental compliance programs or disposal of hazardous substances. Consultation meetings should occur at Lender’s request on a regular basis (no less more frequently than quarterly) with Lender having the right to call special meetings at any reasonable times and upon reasonable advance notice; ; (b) the right, in accordance with the terms of this Agreement, to examine the books and records of Borrower at any reasonable times time upon reasonable notice; ; (c) the right, in accordance with the terms of this Agreement, including Section 5.1.1(f) hereof, 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; and (d) 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 PropertyProperties). (d) the right, in accordance with the terms of this Agreement, as described in Section 5.1.11 hereof, 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; and The rights described above in this Section 10.22 may be exercised by any entity which owns and Controlscontrols, directly or indirectly, substantially all of the interests in Lender.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

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 and Mortgage Borrower; provided, however, that such consultations shall not include discussions of environmental compliance programs or disposal of hazardous substances. Consultation meetings should occur on a regular basis (no less frequently than quarterly) with Lender having the right to call special meetings at any reasonable times and upon reasonable advance notice; (b) the right, in accordance with the terms of this Agreement, to examine the books and records of Borrower and Mortgage Borrower at any reasonable times upon reasonable notice; (c) the right, in accordance with the terms of this Agreement, including Section 5.1.1(f) hereof, 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; and (d) the right, without restricting any other rights of Lender under this Agreement (including any similar right), to approve any acquisition by Borrower and/or Mortgage 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 10.22 may be exercised by any entity which owns and Controls, directly or indirectly, substantially all of the interests in Lender.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Instil Bio, Inc.)

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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 environmental compliance programs or disposal of hazardous substancesHazardous Substances. Consultation meetings should occur on a regular basis (no less frequently than quarterly) with Lender having the right to call special meetings at any reasonable times and upon reasonable advance 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, including Section 5.1.1(f) hereof, 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 Indebtednessindebtedness; and and (d) 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 10.22 11.33 may be exercised by any entity which owns and Controlscontrols, directly or indirectly, substantially all of the interests in Lender.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Plymouth Industrial REIT Inc.)

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