Consent of Lender. Reference is hereby made to that certain FIVE YEAR CREDIT AGREEMENT dated as of November 30, 1999 (the "Credit Agreement") among HILTON HOTELS CORPORATION, THE BANK OF NOVA SCOTIA, FIRST UNION NATIONAL BANK AND WACHOVIA BANK, as Syndication Agents, the Lenders who are parties thereto, and BANK OF AMERICA, N.A., as Administrative Agent. The undersigned Lender hereby consents to the execution and delivery of the SECOND AMENDMENT TO FIVE YEAR CREDIT AGREEMENT by the Administrative Agent on its behalf, substantially in the form of the most recent draft thereof presented to the undersigned Lender. Dated: , 2001 [Name of Institution] By: /s/ XXXXX XXXXXXX General Manager
Consent of Lender. Subject to the terms of this Agreement, Lender hereby consents to the Requested Actions. Borrower Parties agree that this Agreement shall not be deemed an agreement by Lender to consent to any other transfer or conveyance of the Project or assumption of the Loan, or a consent to any secondary financing or secondary encumbrance on the Project or New Borrower or any interests in New Borrower.
Consent of Lender. This Consent of Lender is delivered with reference to the Loan Agreement (the "Loan Agreement") dated as of June 29, 1999 among Anchor Gaming, a Nevada corporation (the "Borrower"), the Lenders party thereto, Bank of America, N.A. (formerly known as Bank of America National Trust and Savings Association) (the "Agent"), as Administrative Agent for the Lenders, and Bank of America Securities, LLC, as Lead Arranger and Sole Book Manager. Capitalized terms used but not defined herein are used with the meanings set forth for those terms in the Loan Agreement. The undersigned Lender hereby consents to the execution, delivery and performance of the proposed Amendment No. 1 to the Loan Agreement, substantially in the form provided to the undersigned as a draft, and without limitation on the foregoing, specifically to Borrower and the other Anchor Equities (as defined therein) entering into the Anchor Guaranty, the Reimbursement Agreement and the Anchor Subordination Agreement as each is defined therein and set forth therein. THE BANK OF NOVA SCOTIA ------------------------------- [Name of Lender] By: /s/ XXX XXXXXXXXXX -------------------------------------- Xxx Xxxxxxxxxx ----------------------------------------- [Printed Name and Title] By: -------------------------------------- ----------------------------------------- [Printed Name and Title] Date: ---------------------------------- [Exhibit A to Amendment No. 1]
Consent of Lender. Subject to the terms of this Agreement, Lender hereby consents to the Transfer and to the Assumption.
Consent of Lender. Lender hereby consents to this Assumption provided, that, on or before the closing of the purchase and sale of the Property, as contemplated in the Contribution Agreement, the following terms have been met:
(a) Assignee has duly executed and delivered to Lender an Environmental Indemnity Agreement, an Authorization Agreement for Preauthorized Payments, a California UCC-2 Amendment to Financing Statement, or a new Financing Statement, if necessary, a Form W-9, and a Certification of Non-Foreign Status, all in a form acceptable to Lender;
(b) Lender has been provided by Assignee at Assignee's expense such endorsements to the ALTA Lender's Policy of Title Insurance issued to Lender on October 19, 1994 by Stewxxx Title Guaranty Company (Policy No. CL-1530-206138/Order No. 36761) as may be requested by Lender (including, without limitation, a modified form of CLTA Endorsement No. 111.4), or a new policy if such endorsements are not available, to assure the continued priority of the lien of the Deed of Trust and to reflect the new owner of the Property;
(c) Assignee has procured the insurance policies required to be maintained by Trustor pursuant to the Deed of Trust, which insurance shall be approved by Lender in its sole discretion as to amount, form, deductibles and insurer;
(d) Assignee and Assignor have delivered to Lender such other documents and items as Lender may request in Lender's sole discretion to assure Assignor's continuing liability under the Loan Documents and the Indemnity Agreement, Assignee's assumption of the obligations of Assignor under the Loan Documents and the Indemnity Agreement, and Lender's continued priority of its security interest granted pursuant to the Loan Documents;
(e) The delivery to Lender of (i) a copy of the resolution or resolutions of the members of Assignee, satisfactory to Lender in its sole and absolute discretion and certified by the members of Assignee as being in full force and effect, authorizing the borrowing provided for herein and the execution, delivery and performance of this Assumption and any other instrument or agreement required hereunder and attaching certified copies of Assignee's Operating Agreement; (ii) a certificate, signed by the members of Assignee, as to the incumbency, and containing the specimen signature or signatures, of the person or persons authorized to execute and deliver this Assumption and any other instrument or agreement required hereunder on behalf of Assignee; and (iii) a copy of A...
Consent of Lender. Subject to the terms of this Agreement, Lender hereby consents to the Requested Actions. Each of Borrower Parties, Original Indemnitor (as defined in the Joinder by and Agreement of Original Indemnitor (the “Original Indemnitor Joinder”)) and New Indemnitor (as defined in the Joinder by and Agreement of New Indemnitor (the “New Indemnitor Joinder”)) agrees that neither this Agreement nor Lender’s consent to the Requested Actions shall be deemed Lender’s consent or a waiver of Lender’s right to consent to any other action requiring Lender consent under the Loan Documents that may be contained in any of the documents or items delivered to Lender in connection with the Requested Actions, whether or not such documents or items were reviewed and/or accepted by Lender. Moreover, neither this Agreement nor Lender’s consent to the Requested Actions shall constitute a modification of any of the terms or conditions of the Loan Documents, except as expressly provided for in this Agreement.
Consent of Lender. This Consent of Lender is delivered with reference to the Loan Agreement dated as of March 23, 1998, by and among Hard Rock Hotel, Inc., a Nevada corporation, the Lenders named therein, and Bank of America, N.A., as Administrative Agent (as amended, the “Loan Agreement”). Capitalized terms used but not defined herein are used with the meanings set forth for those terms in the Loan Agreement. The undersigned Lender hereby consents to the execution, delivery and performance of the proposed Amendment No. 5 to Loan Agreement by the Administrative Agent on behalf of the Lenders, substantially in the form presented to the undersigned as a draft. [Typed/Printed Name of Lender] By: /s/ Xxxxxx Xxxxxxx Title: Vice President Date: 12/28/01
Consent of Lender. If a mortgage or other lien encumbers the Property, the Owner has provided Urbana with a written acknowledgement from each mortgagee, lienholder, and holder of any security interest affecting title to the Property, or any part thereof, that this agreement will at all times inure to the benefit of and be binding upon such mortgagee, lienholder, or other person having an interest in the Property.
Consent of Lender. Obtain the consent of Lender before (i) disposing of any machinery or equipment (whether owned, leased or otherwise used by Borrower); or (ii) employing, hiring or retaining any consultant or consulting firm.
Consent of Lender. The Beneficial Owner shall provide the City with written approval satisfactory to the City of any mortgagee, lien holder or holder of any security interest, affecting title to the Property or any part thereof so that this Agreement shall be superior to any such mortgage, lien or other security interest and Beneficial Owner shall provide same to the City prior to execution and recording of this Agreement.
