Cross-Default Provisions. All Collateral which Agent or any Lender has acquired or may at any time acquire from any Borrower or from any other source in connection with the Obligations shall constitute collateral for each and every one of the Obligations, without apportionment or designation as to particular Obligations, and all Obligations, howsoever and whensoever acquired, and the Lenders shall have the right, in their sole discretion to determine the order in which the Lenders' rights in or remedies against any Collateral are to be exercised and which types of Collateral or which portions of Collateral are to be proceeded against and the order of application of proceeds of such Collateral as against particular Obligations. All Loan Documents shall contain cross-default provisions and cross-collateral provisions.
Cross-Default Provisions. Unless approved by a Supermajority Vote of the Executive Committee, the Partnership shall not incur any indebtedness that contains cross-default provisions, except for cross-default provisions under the Existing Indebtedness and any financing the Partnership shall obtain pursuant to Sections 3.8 (e) and (f) hereof.
Cross-Default Provisions. A material breach or default of this Agreement shall constitute a material breach of the Operative Agreements, and vice versa.
Cross-Default Provisions. The mortgages secured by the following two sets of two properties are cross-collateralized: (1) 000 Xxxxx Xxxxx Xxxxxx Xxxx, Xxxxxxxxxxxxx, Xxxxxxxx and 000 Xxxxx Xxxxx Xxxxxx Xxxx, Xxxxxxxxxxxxx, Xxxxxxxx, and (3) 0000 Xxxxxxxx Xxxxxxxxx, Xxx Xxxxx, Xxxxxxxx and 0000 Xxxxxxx Xxxxx, Xxxxxxxxx, Xxxxxxxx.
Cross-Default Provisions. BCC, each of the Tenants, and Developer each hereby acknowledges and agrees that a material default by BCC, Developer, any Tenant, or their respective Affiliates under any obligation owed by BCC, Developer, any Tenant, or their respective Affiliates to NHP or any Affiliate of NHP arising under or in connection with the Transactions, including, without limitation, a material default under the Purchase Contract Assignments, Leases, Lease Guaranties, Capital Agreements, Deposit Agreements, Development Agreements, Development Guaranties, Environmental Indemnifications, and Refusal Agreements and any related financing statements, collateral assignments, or security agreements (hereinafter individually referred to as an "OBLIGATION" and collectively referred to in this Agreement as the "OBLIGATIONS"), which default is not cured within any applicable cure period provided in the documentation for such Obligation, shall, in NHP's sole, absolute, and uncontrolled discretion, constitute an event of default for purposes of and under (A) such Obligation, and (B) any or all of the other Obligations under the Transactions.
Cross-Default Provisions. Section 7.1 of the Credit Agreement ("Events of Default") is hereby modified by adding a new subsection (p) to read in full as follows:
Cross-Default Provisions. If a cross default provision is included in any future instrument or agreement of the Borrower or the Guarantor evidencing or relating to indebtedness for borrowed money in a principal amount in excess of $50,000,000 (or its equivalent in any other currency), the Borrower and the Guarantor will promptly notify the Banks thereof and will, if requested to do so by the Required Banks, sign an amendment to this Agreement to include a similar cross default provision herein.
Cross-Default Provisions. The Credit Agreement and the Guaranty shall be amended to provide that the Borrower and the Guarantor shall provide notice to the Banks of any default under the Senior Notes or the Indenture or other documents relating thereto (after giving effect to any applicable grace periods), and the occurrence of any such default (after giving effect to any applicable grace periods) shall constitute an Event of Default under the Credit Agreement and under the Guaranty. However, the Senior Notes, the Indenture or any other documents relating thereto may NOT provide that an Event of Default under the Credit Agreement and/or under the Guaranty shall constitute a default under the Senior Notes, the Indenture or any other documents relating thereto, except in the case of any Event of Default which results in the acceleration of the payment of the Debt or constitutes the failure to pay the Debt when due at maturity or after acceleration.
Cross-Default Provisions. From and after the Closing Date, Seller shall not trigger or breach any Cross-Default Provisions, or permit or suffer to exist any trigger or breach of any Cross-Default Provisions by any Related Parties (each a “Related Party Cross Default”).
Cross-Default Provisions. With respect to our opinion in paragraph 10 above, we express no opinion with respect to violations under cross-default provisions referring to or based upon agreements that are not included on Schedule C or with respect to compliance with financial covenants or tests contained in any agreement listed on Schedule C. For purposes of the preceding sentence, agreements which are attached as exhibits, schedules or attachments to or are otherwise referred to in agreements listed on Schedule C, but are not directly listed on Schedule C, shall not be deemed to be included on Schedule C. Schedule B Assumptions For purposes of our letter, we have relied, without investigation, upon each of the following assumptions:
1. The Purchaser has purchased and will purchase the Notes pursuant to the Purchase Agreement and has paid and will pay the consideration therefor to the Note Issuers.
2. With respect to the enforceability of any Transaction Document by any party other than the Issuers, such other party or parties, as the case may be, has satisfied those legal requirements that are applicable to each to the extent necessary to entitle each such person to enforce the Transaction Documents to which it is a party against the Issuers.
3. Each document submitted to us for review is accurate and complete, each such document that is an original is authentic, each such document that is a copy conforms to an authentic original, and all signatures (other than those of or on behalf of the Issuers) on each such document are genuine.
4. There has not been any mutual mistake of fact or misunderstanding, fraud, duress or undue influence.
5. There are no agreements or understandings among the parties, written or oral, and there is no usage of trade or course or prior dealing among the parties that would, in either case, define, supplement or qualify the terms of the Purchase Agreement or any of the other Transaction Documents.
6. All agreements (if any) (other than the Transaction Documents) with respect to which we have provided advice in our letter or reviewed in connection with our letter would be enforced as written.
7. All information required to be disclosed in connection with any consent or approval by the Board of Directors or Sole Manager of any Issuer and all other information required to be disclosed in connection with any issue relevant to our opinions has in fact been fully and fairly disclosed to all persons to whom it is required to be disclosed.
8. Each person who has t...
