Common use of Company Mortgagee Designee Clause in Contracts

Company Mortgagee Designee. As used in this Agreement, any "Company Mortgagee Designee" shall include a designee selected by the Company Mortgagee, and any third party that acquires the right under this Agreement from Company Mortgagee by assignment, as a purchaser, by foreclosure, deed-in-lieu of foreclosure, sale or otherwise, provided that, in each case, City Designee has approved such designee in accordance with the terms of this Agreement (each a "Company Mortgagee Designee"). Notwithstanding anything to the contrary herein the Qualifying Company Mortgagee Designee (defined below) may become tenant under this Agreement without the prior written consent of the City Designee. Any other designee may do so only with the City Designee's prior written approval, not to be unreasonably withheld or delayed; provided, however, if the Company Mortgagee selects the then-current operator of the City's Convention Center as the Company Mortgagee Designee, then such operator/designee shall be deemed approved without any further action required by the City. The provisions of this Section XVII.G. shall apply both with respect to this Agreement and any new agreement entered into under Section XVII.C. or otherwise. A "Qualifying Company Mortgagee Designee" means the Company Mortgagee and any wholly-owned subsidiary of the Company Mortgagee and any other lenders party to the Credit Agreement.

Appears in 2 contracts

Samples: www.cityofirving.org, www.cityofirving.org

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Company Mortgagee Designee. As used in this Agreement, any "Company Mortgagee Designee" shall include a designee selected by the Company Mortgagee, and any third party that acquires the right under this Agreement from Company Mortgagee by assignment, as a purchaser, by foreclosure, deed-in-lieu of foreclosure, sale or otherwise, provided that, in each case, City Designee has approved such designee in accordance with the terms of this Agreement (each a "Company Mortgagee Designee"). Notwithstanding anything to the contrary herein the Qualifying Company Mortgagee Designee (defined below) may become tenant under this Agreement without the prior written consent of the City Designee. Any other designee may do so only with the City Designee's prior written approval, not to be unreasonably withheld or delayed; provided, however, if the Company Mortgagee selects the then-current operator of the City's Convention Center as the Company Mortgagee Designee, then such operator/designee shall be deemed approved without any further action required by the City. The provisions of this Section XVII.G. 5.2(h) shall apply both with respect to this Agreement and any new agreement entered into under Section XVII.C. 5.2(d) or otherwise. A "Qualifying Company Mortgagee Designee" means the Company Mortgagee and any wholly-owned subsidiary of the Company Mortgagee and any other lenders party to the Credit Agreement.

Appears in 2 contracts

Samples: Entertainment Center Development Agreement, Entertainment Center Development Agreement

Company Mortgagee Designee. As used in this Agreement, any "Company Mortgagee Designee" shall include a designee selected by the Company Mortgagee, and any third party that acquires the right under this Agreement from Company Mortgagee by assignment, as a purchaser, by foreclosure, deed-in-lieu of foreclosure, sale or otherwise, provided that, in each case, City Designee has approved such designee in accordance with the terms of this Agreement (each a "Company Mortgagee Designee"). Notwithstanding anything to the contrary herein the Qualifying Company Mortgagee Designee (defined below) may become tenant under this Agreement without the prior written consent of the City Designee. Any other designee may do so only with the City Designee's prior written approval, not to be unreasonably withheld or delayed; provided, however, if the Company Mortgagee selects the then-current operator of the City's Convention Center as the Company Mortgagee Designee, then such operator/designee shall be deemed approved without any further action required by the City. The provisions of this Section XVII.G. 7(i) shall apply both with respect to this Agreement and any new agreement entered into under Section XVII.C. 7(e) or otherwise. A "Qualifying Company Mortgagee Designee" means the Company Mortgagee and any wholly-owned subsidiary of the Company Mortgagee and any other lenders party to the Credit Agreement.

Appears in 2 contracts

Samples: Economic Development Incentive Agreement, Economic Development Incentive Agreement

Company Mortgagee Designee. As used in this AgreementLease, any "Company Mortgagee Designee" shall include a designee selected by the Company Mortgagee, and any third party that acquires the right to become the tenant under this Agreement Lease from Company Mortgagee by assignment, as a purchaser, by foreclosure, deed-in-lieu of foreclosure, sale or otherwise, provided that, in each case, City Designee has approved such designee in accordance with the terms of this Agreement Lease (each a "Company Mortgagee Designee"). Notwithstanding anything to the contrary herein the Qualifying Company Mortgagee Designee (defined below) may become tenant under this Agreement Lease without the prior written consent of the City Designee. Any other designee may do so only with the City Designee's prior written approval, not to be unreasonably withheld or delayed; provided, however, if the Company Mortgagee selects the then-current operator of the City's Convention Center as the Company Mortgagee Designee, then such operator/designee shall be deemed approved without any further action required by the City. The provisions of this Section XVII.G. 13(h) shall apply both with respect to this Agreement Lease and any new agreement lease entered into under Section XVII.C. 13(d) or otherwise. A "Qualifying Company Mortgagee Designee" means the Company Mortgagee and any wholly-owned subsidiary of the Company Mortgagee and any other lenders party to the Credit Agreement.

Appears in 1 contract

Samples: Entertainment Center Lease Agreement

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Company Mortgagee Designee. As used in this AgreementLease, any designee of a "Company Mortgagee Designee" shall include a designee selected by the Company Mortgagee, and any third party that acquires the right to become the tenant under this Agreement Lease from Company Mortgagee by assignment, as a purchaser, by foreclosureforeclosure or, deed-in-lieu of foreclosure, sale or otherwisesale or otherwise, provided that, in each case, City Designee has approved such designee in accordance with the terms of this Agreement Lease (each a "Company Mortgagee Designee"). Notwithstanding anything to the contrary herein herein, if any designee of a Company Mortgagee that is not a wholly owned subsidiary of such Company Mortgagee seeks to become tenant under this Lease, then such the Qualifying Company Mortgagee Designee (defined below) may become tenant under this Agreement Lease without the prior written consent of the City Designee. Any other designee may do so only with the City City’ Designee's prior written approval, not to be unreasonably withheld or delayed; provided, however, if the Company Mortgagee selects the then-current operator of the City's Convention Center as the Company Mortgagee Mortgagee’s designee Designee, then such operator/designee shall be deemed approved without any further action required by the City. If any Company Mortgagee elects itself or a wholly owned subsidiary to become the tenant under this Lease pursuant to such Company Mortgagee’s rights hereunder, no further consent of the City shall be required. The provisions of this Section XVII.G. 13(h) shall apply both with respect to this Agreement Lease and any new agreement lease entered into under Section XVII.C. 13(d) or otherwise. A "Qualifying Company Mortgagee Designee" means the Company Mortgagee and any wholly-owned subsidiary of the Company Mortgagee and any other lenders party to the Credit Agreement.

Appears in 1 contract

Samples: Entertainment Center Lease Agreement

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