Common use of Deed in Lieu of Foreclosure Clause in Contracts

Deed in Lieu of Foreclosure. Without the express prior written consent of Lender, Borrower shall not, and Borrower shall not cause, suffer or permit Owner to, enter into any deed-in-lieu or consensual foreclosure with or for the benefit of Senior Lender or any of its affiliates. Without the express prior written consent of Lender, Borrower shall not, and Borrower shall not cause, suffer or permit Owner to, enter into any consensual sale or other transaction in connection with the Senior Loan which could diminish, modify, terminate, impair or otherwise adversely affect the interests of Lender or Borrower, the Collateral or any portion thereof or any interest therein or of Owner in the Property or portion thereof or any interest therein.

Appears in 8 contracts

Samples: Mezzanine Loan Agreement (OVERSTOCK.COM, Inc), Mezzanine Loan Agreement (New York REIT, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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Deed in Lieu of Foreclosure. Without the express prior written consent of Lender, Borrower shall not, and Borrower shall not cause, suffer or permit Owner Mortgage Borrower to, enter into any deed-in-lieu or consensual foreclosure with or for the benefit of Senior Mortgage Lender or any of its affiliates. Without the express prior written consent of Lender, Borrower shall not, and Borrower shall not cause, suffer or permit Owner Mortgage Borrower to, enter into any consensual sale or other transaction in connection with the Senior Mortgage Loan which could diminish, modify, terminate, impair or otherwise adversely affect the interests of Lender or Borrower, the Collateral or any portion thereof or any interest therein or of Owner Mortgage Borrower in the Property or portion thereof or any interest therein.

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (Clipper Realty Inc.)

Deed in Lieu of Foreclosure. Without the express prior written consent of LenderAdministrative Agent, Borrower shall not, and Borrower shall not cause, suffer or permit Owner Mortgage Borrower to, enter into any deed-in-lieu or consensual foreclosure with or for the benefit of Senior Mortgage Lender or any of its affiliates. Without the express prior written consent of LenderAdministrative Agent, Borrower shall not, and Borrower shall not cause, suffer or permit Owner Mortgage Borrower to, enter into any consensual sale or other transaction in connection with the Senior Mortgage Loan which could diminish, modify, terminate, impair or otherwise adversely affect the interests of Lender or Borrower, the Collateral or any portion thereof or any interest therein or of Owner Mortgage Borrower in the Property owned by such Mortgage Borrower or portion thereof or any interest therein.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Deed in Lieu of Foreclosure. Without the express prior written consent of Lender, Borrower shall not, and Borrower shall not cause, suffer or permit Owner Senior Borrower to, enter into any deed-in-lieu or consensual foreclosure with or for the benefit of Senior Lender or any of its affiliates. Without the express prior written consent of Lender, Borrower shall not, and Borrower shall not cause, suffer or permit Owner Senior Borrower to, enter into any consensual sale or other transaction in connection with the Senior Loan which could diminish, modify, terminate, impair or otherwise adversely affect the interests of Lender or Borrower, the Collateral or any portion thereof or any interest therein or of Owner Senior Borrower in the Property or portion thereof or any interest therein.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

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Deed in Lieu of Foreclosure. Without the express prior written consent of Lender, Borrower shall not, and Borrower shall not cause, suffer or permit Owner to, enter into any deed-in-lieu or consensual foreclosure with or for the benefit of Senior Lender or any of its affiliates. Without the express prior written consent of Lender, Borrower shall not, and Borrower shall not cause, suffer or permit Owner to, enter into any consensual sale or other transaction in connection with the Senior Loan which could diminish, modify, terminate, impair or otherwise adversely affect the interests of Lender or Borrower, the Collateral or any portion thereof or any interest therein or of Owner in the Property Properties or portion thereof or any interest therein.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capitalsource Inc)

Deed in Lieu of Foreclosure. Without the express prior written consent of Lender, Borrower shall not, and Borrower shall not cause, suffer or permit Owner Senior Borrowers to, enter into any deed-in-lieu or consensual foreclosure with or for the benefit of Senior Lender or any of its affiliates. Without the express prior written consent of Lender, Borrower shall not, and Borrower shall not cause, suffer or permit Owner Senior Borrowers to, enter into any consensual sale or other transaction in connection with the Senior Loan which could diminish, modify, terminate, impair or otherwise adversely affect the interests of Lender or Borrower, the Collateral or any portion thereof or any interest therein or of Owner Senior Borrowers in the applicable Property or portion thereof or any interest therein.

Appears in 1 contract

Samples: Management Agreement (KBS Real Estate Investment Trust, Inc.)

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