Consent to the Transaction. Subject to each of the terms and conditions set forth herein, Lender hereby consents to the Transaction. Furthermore, the parties hereto agree that Lender’s consent to the Transaction is a one-time consent restricted to the Transaction, and such consent shall not otherwise constitute a consent, waiver or modification of any right, remedy or power of Lender under any of the Loan Documents or otherwise. The refinancing of the HH Boston Mortgage Loan with the MS Boston Loan shall be considered a Permitted CIGNA Mortgage Loan Refinancing for all purposes under the Loan Documents.
Consent to the Transaction. (a) For all purposes of all Related Documents, each of the Persons (other than the Indenture Trustee) that has signed a signature page to this Amendment, hereby (i) consents to the consummation of the Transaction and (ii) agrees that the consummation of the Transaction, in and of itself, will not constitute (or be deemed to constitute) any Conversion Event, Early Amortization Event, Event of Default or Manager Default, or other breach of any provision contained in any Related Document, and hereby waives any such event, default or breach solely to the extent resulting from the consummation of the Transaction, and hereby directs the Indenture Trustee to consent, and the Indenture Trustee does hereby consent (based on such direction) to the foregoing clauses (i) and (ii). The waiver set forth in this Amendment is effective only for the specific purpose for which it is given and shall not be deemed a consent, waiver, amendment or other modification of any other term or condition set forth in any other Related Documents.
(b) Each party (other than the Indenture Trustee) that has signed a signature page to this Amendment, hereby agrees, and hereby directs the Indenture Trustee to agree, and the Indenture Trustee (based on the consent of each of the Noteholders that has signed this Amendment), does hereby agree, that, notwithstanding Section 302 of the Indenture, the prepayment of the Aggregate Outstanding Obligations, in part but not in whole, under the Indenture pursuant to the Transaction may be accomplished on such date (regardless of whether such date is a Payment Date), in such amount (including any accrued interest and other amounts required by Article VII of the Indenture) and in respect of such Series of Notes and Interest Rate Hedge Agreements as is designated by the Issuer in a written notice to the Indenture Trustee on the date of such prepayment (or, if such written notice received after 2:00 p.m. (New York time), then on the Business Day prior to the date of such prepayment).
(c) With respect to the Series 2010-1 Notes, each of the Series 2010-1 Noteholders hereby agrees that, with respect to the Interest Accrual Period (as defined in the Series 2010-1 Supplement) commencing on or after March 15, 2012 and prior to the consummation of the Transaction, the LIBOR Rate shall be determined by the Indenture Trustee, in accordance with the definition of “LIBOR Rate” set forth in the Series 2010-1 Supplement, as a Series 2010-1 Advance made on a Business Da...
Consent to the Transaction. Subject to each of the terms and conditions set forth herein, Lender hereby consents to the Transaction. Furthermore, the parties hereto agree that Lender’s consent to the Transaction is a one-time consent restricted to the Transaction, and such consent shall not otherwise constitute a consent, waiver or modification of any right, remedy or power of Lender under any of the Loan Documents or otherwise.
Consent to the Transaction. Subject to the satisfaction of the terms and conditions set forth herein, the parties hereby consent to the Transaction. 2.
Consent to the Transaction. Subject to the satisfaction of the conditions precedent specified in Article 8 hereof, the Administrative Agent (acting on the instruction (and on behalf) of the Majority Lenders) hereby (a) consents in all respects to the Transaction and (b) agrees and consents to the amendment and waivers to the Credit Agreement set forth in Articles 3 and 4 hereof.
Consent to the Transaction. Subject to the terms and conditions set forth herein, Lenders hereby consent to the Transaction.
Consent to the Transaction. Notwithstanding any term or provision in the Indenture or any other Indenture Document to the contrary, the Requisite Holder hereby (i) consents, effective as of the date hereof, to the execution, delivery, and performance of the License Agreement and the Transaction (as defined below), including, without limitation, the license of certain of its Intellectual Property to Licensee pursuant to the terms thereof, so long as (x) the License Agreement is on terms and conditions consistent with the terms and conditions specified in the Draft License Agreement or as modified, waived, amended, or supplemented from time to time so long as such modifications (taken as a whole) are not adverse to the Trustee, Collateral Trustee and the Holders, (y) substantially concurrently with or prior to the execution and delivery of the License Agreement, Company and Licensee shall enter into the settlement agreement on terms and conditions consistent in all respects with the terms and conditions specified in the draft of that certain settlement agreement delivered to BR at 6:00 p.m. (ET) on August 21, 2015 (the “Settlement Agreement”, together with the Butamax Arrangements, collectively, the “Transaction”) and (z) the License Agreement and Settlement Agreement, each, is fully executed and effective within sixty (60) days after the date hereof and (ii) agrees that the Company’s obligations to make royalty payments under the License Agreement shall not constitute Indebtedness.
Consent to the Transaction. Subject to each of the terms and conditions set forth herein, Lender hereby consents to (i) the Transaction, (ii) the execution of the Transaction Documents by the parties thereto, and (iii) the release of the interests in HH Boston Back Bay LLC and HHC TRS OP LLC from the Collateral under the Pledge Agreement. Furthermore, the parties hereto agree that Lender’s consent to the Transaction is a one-time consent restricted to the Transaction, and such consent shall not otherwise constitute a consent, waiver or modification of any right, remedy or power of Lender under any of the Loan Documents or otherwise. The refinancing of the HH Boston Mortgage Loan with the MS Boston Loan shall be considered a Permitted CIGNA Mortgage Loan Refinancing for all purposes under the Loan Documents.
Consent to the Transaction. Subject to satisfaction of all of the conditions contained herein, Lender hereby consents to the Transaction. This consent is strictly limited to the Transaction described in this Agreement. Except as expressly provided herein or in the Intercreditor Agreement, this Agreement shall not constitute: (a) a waiver or modification of any requirement of obtaining Lender's consent to any future transfer of direct or indirect beneficial ownership interests in Borrower, Original Guarantor, New Guarantor or the Property, or any portion thereof or interest therein or (b) a modification of the terms, provisions, or requirements in the Loan Documents in any respect. Borrower, Original Guarantor and New Guarantor specifically acknowledge that any subsequent transfer of any direct or indirect interest in Borrower, Original Guarantor, New Guarantor or the Property in violation of the Loan Documents, this Agreement or the Intercreditor Agreement shall be a default thereunder. The Loan Documents are hereby ratified and, except as expressly modified in this Agreement, remain unmodified and are in full force and effect.
Consent to the Transaction. Lender hereby consents, acknowledges, and agrees, in all respects, to the entry of the Borrower Parties into the Transaction and the performance of the Borrower Parties’ obligations thereunder, and hereby waives, for all purposes with respect to the Transaction, the following provisions of the Loan Agreement to the extent such provisions prohibit or conflict with the entry of the Borrower Parties into the Transaction and the performance of the Borrower Parties’ obligations thereunder: (i) Section 7.1 (Indebtedness); provided, however, that such carve-out shall not be applicable to Indebtedness for borrowed money except Indebtedness for borrowed money arising under that certain Loan Agreement between BrightSource Ivanpah Fundings, LLC and BDC Ivanpah LLC, to be entered into concurrently with or promptly following the Transaction, representing a loan by BDC Ivanpah LLC to BrightSource Ivanpah Fundings, LLC, not to exceed a principal amount of $20,000,000 (hereinafter, the “Bechtel Loan”); Section 7.2 (Liens); provided, however, that such carve-out shall not be applicable to Liens incurred in connection with Indebtedness for borrowed money except Liens incurred in connection with the Bechtel Loan and that no such Liens shall be granted on any asset of the Borrower (except Permitted Liens); Section 7.5 (Restrictions on
