Common use of Certain Additional Rights of Lender Clause in Contracts

Certain Additional Rights of Lender. Notwithstanding anything which may be contained in this Agreement to the contrary, Lender shall have: (a) the right to designate any party to receive payment of all fees, costs and expenses otherwise payable to Lender under this Agreement or the other Loan Documents; (b) 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; (c) the right, without restricting any other right of Lender under this Agreement (including any similar right), to restrict, upon the occurrence of an Event of Default, Borrower’s payments of management consulting, director or similar fees to affiliates of Borrower (or their personnel); (d) the right, without restricting any other rights of Lender under this Agreement (including any similar right), upon an Event of Default, to vote the owners’ interests in Borrower pursuant to irrevocable proxies granted, at the request of Borrower in advance for this purpose; and (e) the right, without restricting any other rights of Lender under this Agreement (including any similar right), to restrict the transfer to voting interests of Borrower held by its members or partners (as the case may be), and the right to restrict the transfer of interests in such member or partner (as the case may be), except for any transfer that is expressly permitted under any of the Mortgage Loan Documents, Loan Documents or Other Mezzanine Loan Documents.

Certain Additional Rights of Lender. Notwithstanding anything which may be contained in this Agreement to the contrary, Lender shall have: (a) the right to designate any party to receive payment of all fees, costs and expenses otherwise payable to Lender under this Agreement or the other Loan Documents; (b) 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; (c) the right, without restricting any other right of Lender under this Agreement (including any similar right), to restrict, upon the occurrence of an Event of Default, Borrower’s payments of management consulting, director or similar fees to affiliates of Borrower (or their personnel); (d) the right, without restricting any other rights of Lender under this Agreement (including any similar right), upon an Event of Default, to vote the owners’ interests in Borrower pursuant to irrevocable proxies granted, at the request of Borrower in advance for this purpose; and (e) the right, without restricting any other rights of Lender under this Agreement (including any similar right), to restrict the transfer to voting interests of Borrower held by its members or partners (as the case may be), and the right to restrict the transfer of interests in such member or partner (as the case may be), except for any transfer that is expressly permitted under any of the Mortgage Loan Documents, Loan Documents or Other Senior Mezzanine Loan Documents.