Consent by Lender. The Lender consents to the amendments to the organizational documents of the Borrowers, SBA Holdings and the Guarantor filed on the date hereof in connection with this Loan Agreement Supplement, and any related filings.
Consent by Lender. Lender hereby consents to the transfer to and ----------------- assumption by Signature of all of the Fall Creek Obligations and Lender hereby agrees from and after the date hereof to recognize Signature as the "Seller" under the Fall Creek Loan Documents. Such consent shall not constitute a consent to any further transfer or assignment of the Fall Creek Obligations or for any other transfer, assignment or transaction for which Lender's consent is required under the Fall Creek Loan Documents.
Consent by Lender. Lender hereby consents to (i) the private placement by Subsidiary Bank of tier 2 capital qualified unsecured subordinated notes in the aggregate principal amount of $60,000,000 and the issuance by Borrower of warrants in connection therewith on substantially the same material terms as described in the documents previously provided to Lender (copies of which are included in the information provided in Exhibit B to this Seventh Amendment); (ii) the issuance by Borrower of $60,000,000 of preferred stock and warrants in connection therewith on substantially the same material terms as described in the documents previously provided to Lender (copies of which are included in the information provided in Exhibit B to this Seventh Amendment); and (iii) the amendment and restatement of the certificate of incorporation of Borrower and the amendment and restatement of the By-laws of Borrower on substantially the same material terms as described in the documents previously provided to Lender (copies of which are included in the information provided in Exhibit B to this Seventh Amendment). Lender acknowledges and waives Lender’s right to remedies in connection with Borrower’s Events of Default resulting from Section E.(iii) of this Amendment. Lender’s waiver is expressly limited to the provisions and matters described in Section E.(iii) of this Amendment and will not preclude the exercise by Lender of any other right, power or remedy it may have now or in the future under the Agreement. Except to the extent modified hereby, this consent does not, and shall not be deemed to release, waive, amend, restate, or otherwise modify in any manner any of the terms conditions, or provisions of the Agreement or any other Loan Documents, all of which Borrower hereby: (x) confirms are in fully force and effect and are enforceable in accordance with their respective terms; and (y) ratifies and affirms in all respects.
Consent by Lender. The Lender hereby consents to the conveyance of the Property by the Seller to the Purchaser and to the Purchaser's assumption of the Loan Documents.
Consent by Lender. Lender joins in the execution of this Agreement for the purposes of:
(a) waiving its right to declare an event of default under the terms of the Security Documents as a result of the Transfer; however, the foregoing waiver shall not amend or modify the Security Documents as to any future sale, transfer or conveyance of the partnership interests or any portion thereof or interest therein;
(b) acknowledging that the Transfer represents the one-time transfer referenced in Section 11.3 of the Deed of Trust;
(c) effecting certain releases as more fully described herein;
(d) consenting to the modifications to the Security Documents as more particularly set forth herein.
Consent by Lender. Lender hereby consents to the transfer to and ----------------- assumption by AKGI of all of the Royal Palm Obligations and Lender hereby agrees from and after the date hereof to recognize AKGI as the "Borrower" under the Royal Palm Loan Documents. Such consent shall not constitute a consent to any further transfer or assignment of the Royal Palm Obligations or for any other transfer, assignment or transaction for which Lender's consent is required under the Royal Palm Loan Documents.
Consent by Lender. Lender hereby consents to the transfer to and ----------------- assumption by AKGI of all of the Flamingo Obligations and Lender hereby agrees from and after the date hereof to recognize AKGI as the "Borrower" under the Flamingo Loan Documents. Such consent shall not constitute a consent to any further transfer or assignment of the Flamingo Obligations or for any other transfer, assignment or transaction for which Lender's consent is required under the Flamingo Loan Documents.
Consent by Lender. For purposes of Section 6.3(b) of the Loan and Security Agreement between Lender and Resort Funding dated November 14, 1997 and Section 6.2(b) of the Loan and Security Agreement between Lender and Resort Funding dated February 11, 1998, Lender hereby consents to the Transaction and the Loan.
Consent by Lender. Lender hereby consents to the transfer to and ----------------- assumption by Signature of all of the Cypress Obligations and Lender hereby agrees from and after the date hereof to recognize Signature as the "Borrower" under the Cypress Loan Documents. Such consent shall not constitute a consent to any further transfer or assignment of the Cypress Obligations or for any other transfer, assignment or transaction for which Lender's consent is required under the Cypress Loan Documents.
Consent by Lender. Lender hereby consents to the transfer to and ----------------- assumption by Signature of all of the San Xxxx Obligations and Lender hereby agrees from and after the date hereof to recognize Signature as the "Borrower" under the San Xxxx Loan Documents. Such consent shall not constitute a consent to any further transfer or assignment of the San Xxxx Obligations or for any other transfer, assignment or transaction for which Lender's consent is required under the San Xxxx Loan Documents.
