Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 92 contracts
Samples: Loan Agreement (Soho House & Co Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 30 contracts
Samples: Loan Agreement (Piedmont Office Realty Trust, Inc.), Loan Agreement, Loan Agreement (City Office REIT, Inc.)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperties, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 14 contracts
Samples: Loan Agreement (Assisted 4 Living, Inc.), Loan Agreement (Sabre Corp), Loan Agreement (BlueLinx Holdings Inc.)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, acquisition, development, operation, leasing and operation management of the PropertyProperties (including providing services in connection therewith), or make any material change in the scope or nature of its business objectives, purposes or operations, operations or undertake or participate in activities other than the continuance of its present business.
Appears in 13 contracts
Samples: Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Spirit Realty Capital, Inc.), Loan Agreement (Netreit, Inc.)
Change in Business. Borrower shall not (a) enter into any line of business other than the ownership ownership, management and operation of the Property, or (b) make any material change in the scope or nature of its business objectives, purposes or operations, or (c) undertake or participate in activities other than the continuance of its present business.
Appears in 6 contracts
Samples: Loan Agreement (Ionis Pharmaceuticals Inc), Loan Agreement (Ionis Pharmaceuticals Inc), Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, acquisition, development, operation, leasing and operation management of the PropertyProperties (including providing services in connection therewith), or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 6 contracts
Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Property, or make . Borrower shall not change the current use of the Property in any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present businessrespect.
Appears in 6 contracts
Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (United Realty Trust Inc)
Change in Business. (a) Borrower shall not enter into any line of business other than the ownership of the Collateral, or make any material change in the scope or nature of its business purposes, or undertake or participate in activities other than the continuance of its present business.
(b) Borrower shall not cause or permit Mortgage Borrower to enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 6 contracts
Samples: Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, acquisition, development, operation, leasing and operation management of the PropertyProperty (including providing services in connection therewith), or make any material change in the scope or nature of its business objectives, purposes or operations, operations or undertake or participate in activities other than the continuance of its present business.
Appears in 6 contracts
Samples: Loan Agreement (reAlpha Tech Corp.), Loan Agreement (CaliberCos Inc.), Loan Agreement (Eldorado Resorts, Inc.)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the its Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 5 contracts
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Servico Market Center Inc)
Change in Business. No Borrower shall not enter into any line of business other than the ownership and operation of its Property or the PropertyIP, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in a material manner in activities other than the continuance of its present business.
Appears in 4 contracts
Samples: Loan Agreement (Bref Hr, LLC), Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Hard Rock Hotel Holdings, LLC)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperties and activities reasonably ancillary thereto, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 4 contracts
Samples: Loan Agreement, Loan Agreement (Harrahs Entertainment Inc), Loan Agreement (Harrahs Entertainment Inc)
Change in Business. Borrower shall not enter into any line of ------------------ business other than the ownership and operation of the PropertyProperties, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 4 contracts
Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit), Loan Agreement (Wyndham International Inc)
Change in Business. Neither Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperties or an interest therein, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 3 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 3 contracts
Samples: Loan Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.), Loan Agreement (AmREIT, Inc.), Loan Agreement (Cole Credit Property Trust Iv, Inc.)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, operation, management, leasing, selling, financing, maintaining, repairing, restoring and operation improving of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present businessProperty and personal property related thereto.
Appears in 3 contracts
Samples: Senior Loan Agreement (Pacific Oak Strategic Opportunity REIT, Inc.), Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Senior Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
Change in Business. No Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperty owned by it, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Loan Agreement (Prime Retail Lp), Loan Agreement (Prime Retail Lp)
Change in Business. No Borrower shall not enter into any line of business other than the ownership and operation management of the PropertyCollateral, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in a material manner in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Second Mortgage Loan Agreement, Second Mortgage Loan Agreement (Bref Hr, LLC)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperties, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present businessbusiness and operations ancillary thereto.
Appears in 2 contracts
Samples: Loan Agreement (W. P. Carey Inc.), Loan Agreement (Net Lease Office Properties)
Change in Business. No Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperty or Properties owned by such Borrower, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Loan Agreement (Cole Credit Property Trust Inc), Loan Agreement (Cole Credit Property Trust III, Inc.)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, maintenance, operation and operation leasing (including without limitation alterations and renovations) of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Loan Agreement (Interstate Hotels & Resorts Inc), Loan Agreement (Interstate Hotels & Resorts Inc)
Change in Business. (a) Borrower shall not enter into any line of business other than the ownership of the Collateral, or make any material change in the scope or nature of its business purposes, or undertake or participate in activities other than the continuance of its present business.
(b) Borrower shall not cause Mortgage Borrower to enter into any line of business other than the ownership and operation of the applicable Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, maintenance, financing, refinancing and operation of the PropertyProperty (in each case subject to the terms hereof), or make any material change in the scope or nature of its business objectives, purposes objectives or operationspurposes, or undertake or participate in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Loan Agreement (Colony Resorts LVH Acquisitions LLC), Loan Agreement (Colony Resorts LVH Acquisitions LLC)
Change in Business. Borrower shall not enter into any line ------------------ of business other than the ownership and operation of the PropertyProperties, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, acquisition, development, operation, leasing and operation management of the PropertyProperties (including providing services (e.g. fitness center, spa facilities, or restaurant) in connection therewith), or make any material change in the scope or nature of its business objectives, purposes or operations, operations or undertake or participate in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Meristar Hospitality Corp)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in a material manner in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Loan Agreement (Hard Rock Hotel Holdings, LLC), Loan Agreement (FelCor Lodging Trust Inc)
Change in Business. Borrower shall not enter into any line of business other than the ownership of the Collateral, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business. Borrower shall not permit Mortgage Borrower to enter into any line of business other than the ownership and operation leasing of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Loan Amendment (Vici Properties Inc.), Mezzanine Loan Agreement (Vici Properties Inc.)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation leasing of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Vici Properties Inc.)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, acquisition, development, operation, leasing and operation management of the PropertyProperty (including providing services (e.g. fitness center, spa facilities, or restaurant) in connection therewith), or make any material change in the scope or nature of its business objectives, purposes or operations, operations or undertake or participate in activities other than the continuance of its present business.
Appears in 2 contracts
Samples: Loan Agreement (Meristar Hospitality Corp), Loan Agreement (Meristar Hospitality Operating Partnership Lp)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, management, development and operation of the PropertyProperty (and any ancillary business related to such ownership, or make any material change in the scope or nature of its business objectivesleasing, purposes or operationsmanagement, or undertake or participate in activities other than the continuance of its present businessmaintenance and operation).
Appears in 1 contract
Change in Business. Borrower shall not (a) enter into any line of business other than the ownership ownership, leasing, management and operation of the Property, or (b) make any material change in the scope or nature of its business objectives, purposes or operations, or (c) undertake or participate in activities other than those reasonably related to the continuance of its present business.
Appears in 1 contract
Change in Business. No Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperty owned by it, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business which is to primarily be in the retail rental business.
Appears in 1 contract
Change in Business. Borrower shall not cause Mortgage Borrower to enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business. Borrower shall not enter into any line of business other than the ownership of the Collateral, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (CNL Income Properties Inc)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, acquisition, development, operation, leasing and operation management of the PropertyProperty (including providing 41 services in connection therewith), or make any material change in the scope or nature of its business objectives, purposes or operations, operations or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, management, construction, development and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperty and services related to resort operations, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present businessbusiness other than the operations contemplated by the Renovation Project Plan and any Timeshare Project Plan.
Appears in 1 contract
Samples: Loan Agreement (Bh Re LLC)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, operation, and operation development of the PropertyProject, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower Borrowers shall not enter into any line of business other than the ownership ownership, acquisition, development, operation, leasing and operation management of the PropertyCollateral Properties (including providing services in connection therewith), or make any material change in the scope or nature of its business objectives, purposes or operations, operations or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Credit Agreement (FelCor Lodging LP)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperties, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business. Borrower shall not permit, allow or cause any Property to be used for residential purposes without the prior written consent of Lender.
Appears in 1 contract
Change in Business. Borrower Borrowers shall not enter into any line of business other than the ownership ownership, acquisition, development, operation, leasing and operation management of the PropertyCollateral Properties (including providing services in connection therewith), or make any material change in the scope or nature of its business objectives, purposes or operations, operations or undertake or participate in activities other than the continuance of its present business. Each Borrower shall not take or fail to take any action relating to its status as a Single Purpose Entity, as further detailed in Section 6.34 above.
Appears in 1 contract
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, leasing and operation of the PropertyProperties, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope 51 or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower shall not enter into any line of ------------------ business other than the ownership ownership, maintenance, financing, refinancing and operation of the PropertyMortgaged Property (subject to the terms hereof), or make any material change in the scope or nature of its business objectives, purposes objectives or operationspurposes, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Loan Agreement (Desert Springs Marriott Limited Partnership)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperties, or and Borrower and Guarantor shall not make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its their present business.
Appears in 1 contract
Samples: Loan Agreement (Horizon Group Inc)
Change in Business. No Individual Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperties, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower Borrowers shall not enter into any line of business other than the ownership ownership, acquisition, development, operation, leasing and operation management of the PropertyCollateral Properties (including providing services in connection therewith), or make any material change in the scope or nature of its their respective business objectives, purposes or operations, operations or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Property, Project or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Loan Agreement (Taubman Centers Inc)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Property, Property or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Loan Agreement (Taubman Centers Inc)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Propertyits current business, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities activities, directly or through Persons in which it owns interests, other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, operation, acquisition, disposition, development, leasing and operation management of the PropertyProperty (including providing services in connection therewith), or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present businessas permitted or contemplated by this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Howard Hughes Corp)
Change in Business. Borrower shall not (i) enter into any line of business other than the ownership and operation management of the PropertyCollateral, or (ii) make any material change in the scope or nature of its business objectives, purposes or operations, or (iii) undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, maintenance, financing, refinancing and operation of the PropertyMortgaged Properties, (in each case subject to the terms hereof), or make any material change in the scope or nature of its business objectives, purposes objectives or operationspurposes, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope 41 or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)
Change in Business. (a) Borrower shall not enter into any line of business other than the ownership and operation of the PropertyCollateral, or make any material change in the scope or nature of its business objectives, purposes or operationspurposes, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Change in Business. No Borrower shall not enter into any line of business other than the ownership ownership, maintenance, financing, refinancing and operation of the PropertyProperties (in each case subject to the terms hereof), or make any material change in the scope or nature of its business objectives, purposes objectives or operationspurposes, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower and each Individual Borrower shall ------------------ not enter into any line of business other than the ownership and operation of the PropertyProperties, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, management, development and operation of the Property, or make and any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present businessincidental thereto.
Appears in 1 contract
Samples: Loan Agreement (Sothebys)
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, acquisition, development, operation, leasing and operation management of the Property, Properties (including providing services in connection therewith) or make any material change in the scope or nature of its business objectives, purposes or operations, operations or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Loan Agreement (Orchard Supply Hardware Stores Corp)
Change in Business. Borrower shall not enter into any line of business other than the ownership and operation of the Collateral, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business. Borrower shall cause Mortgage Borrower not to enter into any line of business other than the ownership and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Individual Borrower shall not enter into any line of business other than the ownership ownership, acquisition, development, operation, leasing and operation management of the PropertyProperty (including providing services in connection therewith), or make any material change in the scope or nature of its business objectives, purposes or operations, operations or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower shall not and shall not permit Mortgage Borrower to (a) enter into any line of business other than the ownership ownership, management and operation of the PropertyProperty and the Collateral, or (b) make any material change in the scope or nature of its business objectives, purposes or operations, or (c) undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Plymouth Industrial REIT Inc.)
Change in Business. Borrower and each Individual Borrower shall not enter into any line of business other than the ownership and operation of the PropertyProperties, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Loan Agreement (Capstar Hotel Co)
Change in Business. Borrower shall not enter into any line of business other than the ownership of the Collateral, or make any material change in the scope or nature of its business purposes, or undertake or participate in activities other than the continuance of its present business. Borrower shall not permit or cause any Owner Party to enter into any line of business other than the ownership and operation of the Property, Property (including providing services in connection therewith) and the Collateral or make any material change in the scope or nature of its business objectives, purposes or operations, operations or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Change in Business. Borrower shall not enter into any line of business other than the ownership ownership, sales and marketing, lodging, development and operation of the Property, or make any material change in the scope or nature of its business objectives, purposes or operations, or undertake or participate in activities other than the continuance of its present business.
Appears in 1 contract
Samples: Loan Agreement (First Capital Real Estate Trust Inc)