Common use of Certain Additional Rights of Mezzanine Lender Clause in Contracts

Certain Additional Rights of Mezzanine Lender. Notwithstanding anything to the contrary which may be contained in this Agreement, Mezzanine Lender shall have: (a) the right, upon not less than fifteen (15) Business Days’ prior written notice to Mezzanine Borrower, to request and to hold a meeting, no more often than once during each fiscal year of Mezzanine Borrower, and only in conjunction with all any other Lender that wishes any such meeting, at Mezzanine Borrower’s office in New York, New York, with the president and chief operating officer or the executive vice president and chief financial officer of Mezzanine Borrower, to discuss such significant business activities and business and financial developments of Mezzanine Borrower as are specified by Lender in writing in the request for such meeting; (b) the right, in accordance with the terms of Section 11.1, to examine the books and records of Mezzanine Borrower; (c) the right, in accordance with the terms of Section 11.2, to receive such financial data and information set forth therein; (d) the right, without restricting any other rights of Mezzanine Lender under this Agreement (including any similar right), to approve any acquisition by Mezzanine Borrower of any other significant property (other than personal property required for the day to day operation of the Property); (e) the right, in accordance with the Pledge, during the continuance of an Event of Default, to vote Mezzanine Borrower’s interests in Mortgage Borrower; and (f) the right, in accordance with this Agreement and the Pledge, including, without limitation, the provisions of Article VIII, to restrict the Transfer of interests in Mortgage Borrower, it being understood that no such restrictions can be made on such Transfers to the extent such Transfers are permitted by the terms hereof or the Pledge. The rights described above may be exercised by Mezzanine Lender until the Principal Amount and all other Obligations (First Mezzanine) hereunder have been repaid in full.

Certain Additional Rights of Mezzanine Lender. Notwithstanding anything to the contrary which may be contained in this Agreement, Mezzanine Lender shall have: (a) the right, upon not less than fifteen (15) Business Days’ prior written notice to Mezzanine Borrower, to request and to hold a meeting, no more often than once during each fiscal year of Mezzanine Borrower, and only in conjunction with all any other Lender that wishes any such meeting, at Mezzanine Borrower’s office in New York, New York, with the president and chief operating officer or the executive vice president and chief financial officer of Mezzanine Borrower, to discuss such significant business activities and business and financial developments of Mezzanine Borrower as are specified by Lender in writing in the request for such meeting; (b) the right, in accordance with the terms of Section 11.1, to examine the books and records of Mezzanine Borrower; (c) the right, in accordance with the terms of Section 11.2, to receive such financial data and information set forth therein; (d) the right, without restricting any other rights of Mezzanine Lender under this Agreement (including any similar right), to approve any acquisition by Mezzanine Borrower of any other significant property (other than personal property required for the day to day operation of the Property); (e) the right, in accordance with the Pledge, during the continuance of an Event of Default, to vote Mezzanine Borrower’s interests in Mortgage Borrower; and (f) the right, in accordance with this Agreement and the Pledge, including, without limitation, the provisions of Article VIII, to restrict the Transfer of interests in Mortgage Borrower, it being understood that no such restrictions can be made on such Transfers to the extent such Transfers are permitted by the terms hereof or the Pledge. The rights described above may be exercised by Mezzanine Lender until the Principal Amount and all other Obligations (First Third Mezzanine) hereunder have been repaid in full.

Certain Additional Rights of Mezzanine Lender. Notwithstanding anything to the contrary which may be contained in this Agreement, Mezzanine Lender shall have: (a) the right, upon not less than fifteen (15) Business Days’ prior written notice to Mezzanine Borrower, to request and to hold a meeting, no more often than once during each fiscal year of Mezzanine Borrower, and only in conjunction with all any other Lender that wishes any such meeting, at Mezzanine Borrower’s office in New York, New York, with the president and chief operating officer or the executive vice president and chief financial officer of Mezzanine Borrower, to discuss such significant business activities and business and financial developments of Mezzanine Borrower as are specified by Lender in writing in the request for such meeting; (b) the right, in accordance with the terms of Section 11.1, to examine the books and records of Mezzanine Borrower; (c) the right, in accordance with the terms of Section 11.2, to receive such financial data and information set forth therein; (d) the right, without restricting any other rights of Mezzanine Lender under this Agreement (including any similar right), to approve any acquisition by Mezzanine Borrower of any other significant property (other than personal property required for the day to day operation of the Property); (e) the right, in accordance with the Pledge, during the continuance of an Event of Default, to vote Mezzanine Borrower’s interests in Mortgage Borrower; and (f) the right, in accordance with this Agreement and the Pledge, including, without limitation, the provisions of Article VIII, to restrict the Transfer of interests in Mortgage Borrower, it being understood that no such restrictions can be made on such Transfers to the extent such Transfers are permitted by the terms hereof or the Pledge. The rights described above may be exercised by Mezzanine Lender until the Principal Amount and all other Obligations (First Fourth Mezzanine) hereunder have been repaid in full.

Certain Additional Rights of Mezzanine Lender. Notwithstanding anything to the contrary which may be contained in this Agreement, Mezzanine Lender shall have: (a) the right, upon not less than fifteen (15) Business Days’ prior written notice to Mezzanine Borrower, to request and to hold a meeting, no more often than once during each fiscal year of Mezzanine Borrower, and only in conjunction with all any other Lender that wishes any such meeting, at Mezzanine Borrower’s office in New York, New York, with the president and chief operating officer or the executive vice president and chief financial officer of Mezzanine Borrower, to discuss such significant business activities and business and financial developments of Mezzanine Borrower as are specified by Lender in writing in the request for such meeting; (b) the right, in accordance with the terms of Section 11.1, to examine the books and records of Mezzanine Borrower; (c) the right, in accordance with the terms of Section 11.2, to receive such financial data and information set forth therein; (d) the right, without restricting any other rights of Mezzanine Lender under this Agreement (including any similar right), to approve any acquisition by Mezzanine Borrower of any other significant property (other than personal property required for the day to day operation of the Property); (e) the right, in accordance with the Pledge, during the continuance of an Event of Default, to vote Mezzanine Borrower’s interests in Mortgage Borrower; and (f) the right, in accordance with this Agreement and the Pledge, including, without limitation, the provisions of Article VIII, to restrict the Transfer of interests in Mortgage Borrower, it being understood that no such restrictions can be made on such Transfers to the extent such Transfers are permitted by the terms hereof or the Pledge. The rights described above may be exercised by Mezzanine Lender until the Principal Amount and all other Obligations (First Second Mezzanine) hereunder have been repaid in full.

Certain Additional Rights of Mezzanine Lender. Notwithstanding anything to the contrary which may be contained in this Agreement, Mezzanine Lender shall have:have (provided the exercise of any of the following rights is not prohibited by the Loan Documents (Mortgage)): (a) the right, upon not less than fifteen (15) Business Days’ prior written notice to Mezzanine Borrower, to request and to hold a meeting, no more often than once during each fiscal year of Mezzanine Borrower, and only in conjunction with all any other Lender that wishes any such meeting, at Mezzanine Borrower’s office in New York, New Yorkoffice, with the president manager and chief operating officer or the executive vice president and chief financial officer officers of Mezzanine Borrower, to discuss such significant business activities and business and financial developments of Mezzanine Borrower as are specified by Mezzanine Lender in writing in the request for such meeting; (b) the right, in accordance with the terms of Section 11.111.1 of the Loan Agreement (Mortgage), to examine the books and records of Mezzanine Borrower; (c) the right, in accordance with the terms of Section 11.211.2 of the Loan Agreement (Mortgage), to receive such financial data and information set forth therein; (d) the right, without restricting any other rights of Mezzanine Lender under this Agreement (including any similar right), to restrict, during the continuance of a material Event of Default, Mezzanine Borrower’s payments of management, consulting, director or similar fees to Affiliates of Mezzanine Borrower (or their personnel); (e) the right, without restricting any other rights of Mezzanine Lender under this Agreement (including any similar right), to approve any acquisition by Mezzanine Borrower of any other significant property (other than personal property required for the day to day operation of the Property); (ef) the right, in accordance with the Pledge, during the continuance of an Event of Default, to vote Mezzanine Borrower’s interests in Mortgage Borrower; and (fg) the right, in accordance with this Agreement and the Pledge, including, without limitation, the provisions of Article VIIIVII, to restrict the Transfer of interests in Mortgage Borrower, it being understood that no such restrictions can be made on such Transfers to the extent such Transfers are permitted by the terms hereof or and the Pledge. The rights described above may be exercised by Mezzanine Lender until the Principal Amount Balance and all other Obligations (First Mezzanine) hereunder have been repaid in full.