Common use of Conditions to Alteration Clause in Contracts

Conditions to Alteration. Provided that no Event of Default shall have occurred and be continuing hereunder, Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) shall have the right, without Lender’s consent, to undertake any alteration, improvement, demolition or removal of the Property or any portion thereof (any such alteration, improvement, demolition or removal, an “Alteration”) so long as (i) Borrower provides Lender with prior written notice of any Material Alteration, and (ii) such Alteration is undertaken in accordance with the applicable provisions of this Agreement and the other Loan Documents, is not prohibited by any relevant Lease or Sublease and shall not, upon completion (giving credit to rent and other charges attributable to Leases executed upon such completion), have a Material Adverse Effect on the value, use or operation of the Property taken as a whole or otherwise. Any Material Alteration shall be conducted under the supervision of an Independent Architect and, in connection with any Material Alteration, Borrower shall deliver to Lender, for information purposes only and not for approval by Lender, detailed plans and specifications and cost estimates therefor prepared or approved by such Independent Architect, as well as an Officer’s Certificate stating that such Alteration will involve estimated costs of no more than the Threshold Amount. Such plans and specifications may be revised at any time and from time to time by such Independent Architect provided that material revisions of such plans and specifications are filed with Lender, for information purposes only. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall not be less than the standard of quality of the materials currently used at the Property and all materials used shall be in accordance with all applicable material Legal Requirements and Insurance Requirements.

Conditions to Alteration. Provided that no Event of Default shall have occurred and be continuing hereunder, Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) shall have the right, without Lender’s consent, to undertake any alteration, improvement, demolition or removal of the Property or any portion thereof (any such alteration, improvement, demolition or removal, an “Alteration”) so long as (i) Borrower provides Lender with prior written notice of any Material Alteration, and (ii) such Alteration is undertaken in accordance with the applicable provisions of this Agreement and the other Loan Documents, is not prohibited by any relevant Lease or Sublease Operating Agreements and shall not, upon completion (giving credit to rent and other charges attributable to Leases Subleases executed upon such completion), have a Material Adverse Effect on the value, use or operation of the Property taken as a whole or otherwise. Any Material Alteration shall be conducted under the supervision of an Independent Architect and, in connection with any Material Alteration, Borrower shall deliver to Lender, for information purposes only and not for approval by Lender, detailed plans and specifications and cost estimates therefor prepared or approved by such Independent Architect, and cost estimates therefor as well as set forth in an Officer’s Certificate stating that such Alteration will involve estimated costs of no more than the Threshold AmountCertificate. Such plans and specifications may be revised at any time and from time to time by such Independent Architect provided that material revisions of such plans and specifications are filed with Lender, for information purposes only. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall not be less than the standard of quality of the materials currently used at the Property and all materials used shall be in accordance with all applicable material Legal Requirements and Insurance Requirements.

Conditions to Alteration. Provided that no Event of Default shall have occurred and be continuing hereunder, Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) shall have the right, without Lender’s 's consent, to undertake any alteration, improvement, demolition or removal of the Property or any portion thereof (any such alteration, improvement, demolition or removal, an “Alteration”ALTERATION) so long as (i) Borrower provides Lender with prior written notice of any Material Alteration, and (ii) such Alteration is undertaken in accordance with the applicable provisions of this Agreement and the other Loan Documents, is not prohibited by the Condominium Declaration, the By-Laws or any relevant of the Bloomberg Lease or Sublease (except subleases) and shall not, upon completion (giving credit to rent and other charges attributable to the Modified Leases executed upon such completion), have a Material Adverse Effect on the value, use or operation of the Property taken as a whole or otherwise. Any Material Alteration shall be conducted under the supervision of an Independent Architect and, in connection with any Material Alteration, Borrower shall deliver to Lender, for information purposes only and not for approval by Lender, detailed plans and specifications and cost estimates therefor therefor, prepared or approved by such Independent Architect, as well as an Officer’s 's Certificate stating that whether such Alteration will involve an estimated costs cost of no not more than the Threshold AmountAmount for Alterations at the Property. Such plans and specifications may be revised at any time and from time to time by such Independent Architect provided that material revisions of such plans and specifications are filed with Lender, for information purposes only. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall not be less than the standard of quality of the materials currently used at the Property and all materials used shall be in accordance with all applicable material Legal Requirements and Insurance Requirements. Nothing contained in this Section 10.2 shall limit the rights of Bloomberg under the Bloomberg Lease with respect to alterations.

Conditions to Alteration. Provided that no Event of Default shall have occurred and be continuing hereunder, Borrower (or in Master Lessee, if permitted pursuant to the case terms of the Maryland PropertyMaster Lease, Maryland Loan Guarantor) shall have the right, without Lender’s consent, to undertake any alteration, improvement, demolition or removal of the any Individual Property or any portion thereof (any such alteration, improvement, demolition or removal, an “Alteration”) so long as (i) Borrower provides Lender with prior written notice of any Material Alteration, and (ii) such Alteration is undertaken in accordance with the applicable provisions of this Agreement and the other Loan Documents, is not prohibited by any relevant Lease or Sublease Operating Agreements and shall not, upon completion (giving credit to rent and other charges attributable to Leases Subleases executed upon such completion), have a Material Adverse Effect on the value, use or operation of the such Individual Property taken as a whole or otherwisewhole. Any Material Alteration shall be conducted under the supervision of an Independent Architect and, in connection with any Material Alteration, Borrower shall deliver to Lender, for information purposes only and not for approval by Lender, detailed plans and specifications and cost estimates therefor prepared or approved by such Independent Architect, and cost estimates therefor as well as set forth in an Officer’s Certificate stating that such Alteration will involve estimated costs of no more than the Threshold AmountCertificate. Such plans and specifications may be revised at any time and from time to time by such Independent Architect provided that material revisions of such plans and specifications are filed with Lender, for information purposes only. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall not be less than the standard of quality of the materials currently used at the such Individual Property and all materials used shall be in accordance with all applicable material Legal Requirements and Insurance Requirements. For avoidance of doubt, the foregoing provisions of this Section 10.2 shall be satisfied in connection with any Alteration, whether such Alteration is undertaken by Borrower or Master Lessee.

Conditions to Alteration. Provided that no Event of Default shall have occurred and be continuing hereunder, Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) shall have the right, without Lender’s consent, to undertake any alteration, improvement, demolition or removal of the Property or any portion thereof (any such alteration, improvement, demolition or removal, an “Alteration”) so long as (i) Borrower provides Lender with prior written notice of any Material Alteration, and (ii) such Alteration is undertaken in accordance with the applicable provisions of this Agreement and the other Loan Documents, is not prohibited by any relevant Lease or Sublease REAs and the Leases and shall not, upon completion (giving credit to rent and other charges attributable to Leases executed upon such completion), have a Material Adverse Effect on the value, use or operation of the Property taken as a whole or otherwise. Any Material Alteration shall be conducted under the supervision of an Independent Architect and, in connection with any Material Alteration, Borrower shall deliver to Lender, for information purposes only and not for approval by Lender, detailed plans and specifications and cost estimates therefor therefor, prepared or approved by such Independent Architect, as well as an Officer’s Certificate stating that such Alteration will involve an estimated costs cost of no not more than the Threshold AmountAmount for Alterations at the Property. Such plans and specifications may be revised at any time and from time to time by such Independent Architect provided that material revisions of such plans and specifications are filed with Lender, for information purposes only. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall not be less than the standard of quality of the materials currently used at the Property and all materials used shall be in accordance with all applicable material Legal Requirements and Insurance Requirements.

Conditions to Alteration. Provided that no Event of Default shall have occurred and be continuing hereunder, Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) shall have the right, without Lender’s consent, to undertake any alteration, improvement, demolition or removal of the Property or any portion thereof (any such alteration, improvement, demolition or removal, an “Alteration”) ), provided that, with respect to the Property, such Alterations may be undertaken only so long as (i) Borrower provides Lender with prior written notice of any Material Alteration, and (ii) such Alteration is undertaken in accordance with the applicable provisions of this Agreement and the other Loan Documents, is not prohibited by any relevant Lease or Sublease REAs and the Leases and shall not, upon completion (giving credit to rent and other charges attributable to Leases executed upon such completion), have a Material Adverse Effect on the value, use or operation of the Property taken as a whole or otherwise. Any Material Alteration shall be conducted under the supervision of an Independent Architect and, in connection with any Material Alteration, Borrower shall deliver to Lender, for information purposes only and not for approval by Lender, detailed plans and specifications and cost estimates therefor therefor, prepared or approved by such Independent Architect, as well as an Officera Borrower’s Certificate stating that such Alteration will involve an estimated costs cost of no not more than the Threshold AmountAmount for Alterations at the Property. Such plans and specifications may be revised at any time and from time to time by such Independent Architect provided that material revisions of such plans and specifications are filed with Lender, for information purposes only. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall not be less than the standard of quality of the materials currently used at the Property and all materials used shall be in accordance with all applicable material Legal Requirements and Insurance Requirements.

Conditions to Alteration. Provided that no Event of Default shall have occurred and be continuing hereunder, Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) shall have the right, without Lender’s consent, to undertake any alteration, improvement, demolition or removal of the Property or any portion thereof (any such alteration, improvement, demolition or removal, an “Alteration”) so long as (ia) Borrower provides Lender with prior written notice of any the Alteration if it constitutes a Material Alteration, and (iib) such Alteration is undertaken in accordance with the applicable provisions of this Agreement and the other Loan Documents, is not prohibited by any relevant REAs and the Operating Lease or Sublease and shall not, upon completion (giving credit to rent and other charges attributable to Leases executed upon such completion), have a Material Adverse Effect on the value, use or operation of the Property taken as a whole or otherwise. Any Material Alteration shall be conducted under the supervision of an Independent Architect and, in connection with any Material Alteration, Borrower shall deliver to Lender, for information purposes only and not for approval by Lender, the detailed plans and specifications and cost estimates therefor therefor, prepared or approved by such Independent Architect, as well as an Officer’s Certificate stating that such Alteration will involve an estimated costs cost of no not more than the Threshold AmountAmount for Alterations at the Property. Such plans and specifications may be revised at any time and from time to time by such Independent Architect Architect; provided that material revisions of such plans and specifications are filed with Lender, for information purposes only. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall not be less than the standard of quality of the materials currently used at the Property and all materials used shall be in accordance with all applicable material Legal Requirements and Insurance Requirements.

Conditions to Alteration. Provided that no Event of Default shall have occurred and be continuing hereunder, Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) shall have the right, without Lender’s 's consent, to undertake any alteration, improvement, demolition or removal of the Property or any portion thereof (any such alteration, improvement, demolition or removal, an “Alteration”ALTERATION) so long as (i) Borrower provides Lender with prior written notice of any Material Alteration, and (ii) such Alteration is undertaken in accordance with the applicable provisions of this Agreement and the other Loan Documents, is not prohibited by any relevant Lease or Sublease REAs and the Leases and shall not, upon completion (giving credit to rent and other charges attributable to Leases executed upon such completion), have a Material Adverse Effect on the value, use or operation of the Property taken as a whole or otherwise. Any Material Alteration shall be conducted under the supervision of an Independent Architect and, in connection with any Material Alteration, Borrower shall deliver to Lender, for information purposes only and not for approval by Lender, detailed plans and specifications and cost estimates therefor therefor, prepared or approved by such Independent Architect, as well as an Officer’s 's Certificate stating that such Alteration will involve an estimated costs cost of no more than the Threshold AmountAmount for Alterations at the Property. Such plans and specifications may be revised at any time and from time to time by such Independent Architect provided that material revisions of such plans and specifications are filed with Lender, for information purposes only. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall not be less than the standard of quality of the materials currently used at the Property and all materials used shall be in accordance with all applicable material Legal Requirements and Insurance Requirements.

Conditions to Alteration. Provided that no Event of Default shall have occurred and be continuing hereunder, Borrower (or in the case of the Maryland Property, Maryland Loan Guarantor) each PropCo Subsidiary shall have the right, without Lenderthe Administrative Agent’s consent, to undertake any alteration, improvement, demolition or removal of the any Borrowing Base Property or any portion thereof (any such alteration, improvement, demolition or removal, an “Alteration”) so long as (i) Borrower provides Lender the Administrative Agent with prior written notice of any Material Alteration, and (ii) such Alteration is undertaken in accordance with the applicable provisions of this Agreement and the other Loan Credit Documents, is not prohibited by any relevant Lease or Sublease Operating Agreements and shall not, upon completion (giving credit to rent and other charges attributable to Subleases or Non-Toys Leases executed prior to or upon such completion), have a Material Adverse Effect on the value, use or operation of the Property taken as a whole or otherwiseEffect. Any Material Alteration shall be conducted under the supervision of an Independent Architect and, in connection with any Material Alteration, Borrower shall deliver to Lenderthe Administrative Agent, for information purposes only and not for approval by Lenderthe Administrative Agent, detailed plans and specifications and cost estimates therefor prepared or approved by such Independent Architect, and cost estimates therefor as well as set forth in an Officer’s Certificate stating that such Alteration will involve estimated costs of no more than the Threshold AmountCertificate. Such plans and specifications may be revised at any time and from time to time by such Independent Architect provided that material revisions of such plans and specifications are filed with Lenderthe Administrative Agent, for information purposes only. All work done in connection with any Alteration shall be performed with due diligence in a good and workmanlike manner, all materials used in connection with any Alteration shall not be less than the standard of quality of the materials currently used at the Borrowing Base Property and all materials used shall be in accordance with all applicable material Legal Requirements and Insurance Requirements.