Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower shall be subject to a Lien in favor of any Person, or Borrower or any holder of a direct or indirect interest in Borrower shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permitted:
Appears in 10 contracts
Samples: Loan Agreement (Stratus Properties Inc), Loan Agreement (Stratus Properties Inc), Loan Agreement (American Realty Capital - Retail Centers of America, Inc.)
Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower or Operating Lessee shall be subject to a Lien in favor of any Person, or Borrower Borrower, Operating Lessee or any holder of a direct or indirect interest in Borrower shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permitted:
Appears in 3 contracts
Samples: Loan Agreement (Chesapeake Lodging Trust), Loan Agreement (Chesapeake Lodging Trust), Loan Agreement (Chesapeake Lodging Trust)
Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower any Borrower, Property Owner or Joint Venture Owner shall be subject to a Lien in favor of any Person, or Borrower any such party or any holder of a direct or indirect interest in Borrower any such party shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permitted:
Appears in 3 contracts
Samples: Senior Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (Gramercy Capital Corp), Senior Mezzanine Loan Agreement (Gramercy Capital Corp)
Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower shall be subject to a Lien in favor of any Person, or Borrower or any holder of a direct or indirect interest in Borrower shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permittedpermitted and shall not constitute a Default or Event of Default:
Appears in 1 contract
Samples: Management Agreement (American Casino & Entertainment Properties LLC)
Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower any Obligor or Operating Lessee shall be subject to a Lien in favor of any Person, or Borrower any Obligor, Operating Lessee or any holder of a direct or indirect interest in Borrower any Obligor or Operating Lessee shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permitted:
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Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower or Mortgage Borrower shall be subject to a Lien pledge in favor of any Person, or Borrower, Mortgage Borrower or any holder of a direct or indirect interest in Borrower or Mortgage Borrower shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); , except that the following shall be permitted:
Appears in 1 contract
Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower or any Operating Lessee shall be subject to a Lien in favor of any Person, or Borrower or any holder of a direct or indirect interest in Borrower shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permittedpermitted and shall not constitute a Default or Event of Default:
Appears in 1 contract
Samples: Management Agreement (American Casino & Entertainment Properties LLC)
Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from any Borrower or Operating Lessee shall be subject to a Lien in favor of any Person, or Borrower any Borrower, Operating Lessee or any holder of a direct or indirect interest in any Borrower or Operating Lessee shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permitted:
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Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower shall be subject to a Lien in favor of any Person, or Borrower or any holder of a direct or indirect interest in Borrower shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permittedpermitted without the consent or approval of Lender:
Appears in 1 contract
Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower or Operating Lessee shall be subject to a Lien in favor of any Person, or Borrower Borrower, Operating Lessee or any holder of a direct or indirect interest in Borrower or Operating Lessee shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permitted:
Appears in 1 contract
Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower shall be subject to a Lien in favor of any PersonPerson (other than Lender), or Borrower or any holder of a direct or indirect interest in Borrower shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permitted:
Appears in 1 contract
Samples: Loan Agreement (Toys R Us Inc)
Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from any Borrower shall be subject to a Lien in favor of any Person, or Borrower any such party or any holder of a direct or indirect interest in Borrower any such party shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permitted:
Appears in 1 contract
Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower or Property Owner shall be subject to a Lien in favor of any PersonPerson (other than Lender), or Borrower Borrower, Property Owner or any holder of a direct or indirect interest in Borrower or Property Owner shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); except that the following shall be permitted:
Appears in 1 contract
Equity Pledge; Preferred Equity. Any direct or indirect equity interest in or right to distributions from Borrower shall be subject to a Lien pledge in favor of any Person, or Borrower or any holder of a direct or indirect interest in Borrower shall issue preferred equity (or debt granting the holder thereof rights substantially similar to those generally associated with preferred equity); , except that the following shall be permitted:
Appears in 1 contract
Samples: Loan Agreement (New York REIT, Inc.)