COOPERATION; LIMITATIONS. The Borrower Parties shall use all reasonable efforts and cooperate reasonably and in good faith with Lender in effecting any such restructuring or Secondary Market Transactions at Lender's sole cost (other than, with respect to the first successful Securitization and any related Secondary Market Transaction only (or if the Loan shall be hereafter split into multiple loans, the first successful Securitization and any related Secondary Market Transaction with respect to each of such loans), the Borrowers' internal costs and expenses and the costs and expenses of the Borrower Parties' counsel). Notwithstanding the foregoing or anything to the contrary contained in this Article X, it is acknowledged and agreed that in no event shall Lender be responsible for payment of any Borrower Party's (or its Affiliate's) internal costs and expenses in connection with any Secondary Market Transaction. Such cooperation shall include without limitation, executing and delivering such reasonable amendments to the Loan Documents and the organizational documents of each Borrower as Lender or any Interested Party (as defined below) may request, provided however that, no such amendment shall modify (i) the weighted average interest rate payable under the Note (or notes); (ii) the stated maturity date of the Note, (iii) the amortization of the principal amount of the Note, (iv) any other material economic terms of the Obligations, (v) the non-recourse provisions of the Loan or (vi) any provision, the effect of which would increase the Borrowers' obligations or decrease the Borrowers' rights under the Loan Documents except to a de minimis extent. The Borrower Parties shall not be required to provide additional collateral to effect any such restructuring or Secondary Market Transaction after the Closing Date. The Borrower Parties shall not be required to pay any third party (other than, which respect to the first successful Securitization and any related Secondary Market Transaction only (or if the Loan shall be hereafter split into multiple loans, the first successful Securitization and any related Secondary Market Transaction with respect to each of such loans), the costs and expenses of the Borrowers' counsel) costs and expenses incurred by Lender in connection with any such Secondary Market Transaction unless otherwise expressly payable by the Borrower Parties under this Loan Agreement or the other Loan Documents.
COOPERATION; LIMITATIONS. 95 Section 10.3 Information.............................................................. 95 Section 10.4
COOPERATION; LIMITATIONS. Borrower shall use all reasonable efforts and cooperate reasonably and in good faith with Lender in effecting any such restructuring or Secondary Market Transaction. Such cooperation shall include without limitation, executing and delivering such reasonable amendments to the Loan Documents as Lender may request, provided however that no such amendment shall on an over-all basis modify (i) the interest rate payable under the Note; (ii) the stated maturity date of the Note, (iii) the amortization of the principal amount of the Note, (iv) any other economic terms of the Loan, or (v) the non-recourse provisions of the Loan. Such cooperation also shall include using best efforts to obtain such certificates and assurances from governmental entities and others as Lender may request. Borrower shall not be required to incur any cost in connection with such restructure or Secondary Market Transaction or to provide additional collateral that was not initially contemplated by the parties to effect any such restructuring or Secondary Market Transaction.
COOPERATION; LIMITATIONS. Borrower Parties shall use all reasonable efforts and cooperate reasonably and in good faith with Lender in effecting any such restructuring or Secondary Market Transaction. Such cooperation shall include without limitation, executing and delivering such reasonable amendments to the Loan Documents and the organizational documents of Primary Borrower Parties as Lender may reasonably request, provided however that no such amendment shall modify (i) the interest rate payable under the Note; (ii) the stated maturity date of the Note, (iii) the amortization of the principal amount of the Note, (iv) any other material economic terms of the Obligations, (v) the non-recourse provisions of the Loan or (vi) any provision, the effect of which would materially increase the Borrowers' obligations or materially decrease the Borrowers' rights under the Loan Documents. Such cooperation also shall include using reasonable efforts to obtain such certificates and assurances from governmental entities and others as Lender may reasonably request. Borrower Parties shall not be required to provide additional collateral that was not initially contemplated by the parties to effect any such restructuring or Secondary Market Transaction after the Closing Date. Borrower Parties shall not be required to pay any third party costs and expenses incurred by Lender in connection with any such Secondary Market Transaction unless otherwise payable by the Borrower Parties under this Loan Agreement or the other Loan Documents.
COOPERATION; LIMITATIONS. Borrowers shall use all reasonable efforts and cooperate in good faith with Lender in effecting any such restructuring or Secondary Market Transaction. Such cooperation shall include without limitation, executing and delivering such amendments to the Loan Documents and the organizational documents of any Borrower as Lender may request at no material out-of-pocket cost to Borrowers, provided however that no such amendment shall modify (i) the aggregate weighted average of the interest rate payable under the Loan, (ii) the stated maturity date of the Loan, (iii) the aggregate amortization of the principal amount of the Loan, (iv) the non-recourse provisions of the Loan or (v) any provision, the effect of which would materially and substantively increase Borrowers’ obligations or materially and substantively decrease Borrowers’ rights under the Loan Documents. Such cooperation also shall include using reasonable efforts to obtain such certificates and assurances from governmental entities and others as Lender may reasonably request.
COOPERATION; LIMITATIONS. Borrower Parties shall use all reasonable efforts and cooperate reasonably and in good faith with Lender in effecting any such restructuring or Secondary Market Transaction. Such cooperation shall include without limitation, executing and delivering such reasonable non-material amendments to the Loan Documents and the organizational documents of Borrower and Sole Member as Lender may request, provided however that no such amendment shall modify (i) the interest rate payable under each Note (provided, however, that if the Loan is restructured as multiple loans with multiple notes, the interest rate on one note may be higher than the interest rate payable under either Note, so long as the aggregate interest charged under such multiple notes does not exceed the aggregate interest charged under the Notes), (ii) the stated maturity date of the Notes, (iii) the amortization of the principal amount of the Loan, (iv) any other economic terms of the Obligations, or (v) the non-recourse provisions of the Loan, or (iv) impose on the Borrower Parties any material additional restrictions or obligations. Such cooperation also shall include using best efforts to obtain such certificates and assurances from governmental entities and others as Lender may request. Borrower shall not be required to incur any out-of-pocket expenses (other than de minimis expenses) in connection with any Secondary Market Transaction or to provide additional collateral. Notwithstanding the foregoing, Borrower shall pay for any item that is requested by Lender in connection with a Secondary Market Transaction that was a requirement of the Closing but which was waived in connection with the Closing.
COOPERATION; LIMITATIONS. If Lender has approved a Surety Transaction, all Parties shall use all reasonable efforts and cooperate reasonably and in good faith with Surety in effecting any such restructuring or Surety Transaction. Such cooperation shall include without limitation, providing information regarding the Note and executing and delivering such reasonable amendments to the Loan Documents as Surety may request, provided, however, that such amendment shall be subject to Section 2.10(f) hereof and, provided, further, that no such amendment shall diminish the rights of any of the Parties under the Transaction Documents or modify (i) the aggregate of (A) the Base Surety Premium rate and (B) the interest rate payable under the Note; (ii) the stated maturity date of the Note, (iii) the principal amount or the aggregate amortization of the principal amount of the Note (or multiple notes if the Note is split), (iv) the non-recourse or guaranty and indemnification provisions of the Loan, (v) the Rent payable under the Master Lease, or (v) any other economic terms of the Secured Obligations. Lessee hereby expressly acknowledges that the economic terms of the Secured Obligations shall not be affected if Lender and Surety, in their sole discretion, re-order certain payments and reserves set forth in Section 4.2 of this Trust Agreement. Such cooperation also shall include
COOPERATION; LIMITATIONS. The Parties shall use all reasonable efforts and cooperate reasonably and in good faith with Lender, at Lessee's expense (subject to the limitations set forth in Section 9.2 of the Loan Agreement and Section 10.06 of the Reimbursement Agreement), in effecting any such restructuring or Secondary Market Transaction, including such amendments to representations and warranties in the Loan Documents and Insurance Documents as may be appropriate. Such cooperation shall include without limitation, executing and delivering such reasonable amendments to the Loan Documents and Insurance Documents as Lender may request, provided, however, that such amendment shall be subject to the terms of Section 2.10(f) hereof and provided, further, that no such amendment in connection with any Secondary Market Transaction shall diminish the rights of any of the Parties under the Transaction Documents or modify (i) the aggregate of (A) the Surety Premiums and (B) the interest rate payable under the Note; (ii) the stated maturity date of the Note, (iii) the principal amount or the aggregate amortization of the principal amount of the Note (or multiple notes if the Note is split), (iv) Rent payable under the Master Lease, (v) any other economic terms of the Secured Obligations, or (vi) the non-recourse or guaranty and indemnification provisions of the Loan and the Master Lease. Such cooperation also shall include Lessee's using commercially reasonable efforts to obtain such certificates and assurances from governmental entities and others as Lender may request. In the case of the Surety, such
COOPERATION; LIMITATIONS. 89 9.13 INFORMATION............................................................................................91 9.14
COOPERATION; LIMITATIONS. Borrower shall use all reasonable efforts and cooperate in good faith with Lender in effecting any such restructuring or Secondary Market Transaction. Such cooperation shall include without limitation, executing and delivering such amendments to the Loan Documents and the organizational documents of Borrower Parties as Lender may request, provided however that no such amendment shall modify (i) the aggregate 83 weighted average of the interest rate payable under the Loan, (ii) the stated maturity date of the Loan, (iii) the non-recourse provisions of the Loan or (iv) any provision, the effect of which would materially and substantively increase Borrower’s obligations or materially and substantively decrease Borrower’s rights under the Loan Documents. Such cooperation also shall include using reasonable efforts to obtain such certificates and assurances from governmental entities and others as Lender may reasonably request.
