F,F&E Financing Agreement Sample Clauses

F,F&E Financing Agreement. Notwithstanding any provision contained in this Mortgage or the Senior Note Venture to the contrary, if Mortgagor acquires Tangible Personal Property and/or other items constituting operating assets subject to any F,F&E Financing Agreement, or becomes the lessee under a lease for any of the same and if the document evidencing such F,F&E Financing Agreement prohibits subordinate liens or the provisions of any such lease prohibits any assignment thereof by the lessee, and if any such prohibition is customary with respect to similar transactions of the lender or lessor (as evidenced by a Mortgagor's Certificate delivered to Mortgagee, together with such other evidence as Mortgagee may reasonably request), as the case may be, then the property so purchased or the lessee's interest in the lease, as the case may be, shall be deemed to be Excepted Property. If any such F,F&E Financing Agreement permits subordinate liens, then Mortgagee shall execute and deliver to Mortgagor, at Mortgagor's expense, such documents as the holder of such F,F&E Financing Agreement may reasonably request to evidence the subordination of the lien of this Mortgage and the Mortgage Documents to the lien of such F,F&E Financing Agreement; provided, however, that Mortgagee shall have no obligation to execute and deliver such documents, and the lien of this Mortgage shall not be subordinate to any such F,F&E Financing Agreement, unless (a) such F,F&E Financing Agreement shall contain a provision binding upon the holder of such F,F&E Financing Agreement that (i) if the holder of such F,F&E Financing Agreement shall give to Mortgagor any notice of default thereunder, such holder shall at the same time and in the same manner serve a copy of such notice on Mortgagee at the address designated herein (or such other address as Mortgagee may designate by notice given to the holder of such F,F&E Financing Agreement in the manner provided for notices hereunder), and that no such notice to Mortgagor shall be deemed to have been duly given unless and until a copy thereof has been so provided to Mortgagee, and (ii) promptly following the last date upon which Mortgagor may cure such default, if Mortgagor shall fail to cure such default, the holder of such F,F&E Financing Agreement shall give notice to Mortgagee stating the manner in which Mortgagor shall have failed to cure its said default, in which event Mortgagee shall be permitted to cure the default and, with respect thereto, Mortgagee shall have th...
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Related to F,F&E Financing Agreement

  • Financing Agreement This Amendment shall constitute a Financing Agreement.

  • Financing Agreements Tenant shall not enter into, execute or deliver any financing agreement that can be considered as having priority to any mortgage or deed of trust that Landlord may have placed upon the Leased Premises.

  • Amendments to Financing Agreement Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Financing Agreement is hereby amended as follows:

  • Acquisition Agreements If the Equipment is subject to any Acquisition Agreement, Lessee, as part of this lease, transfers and assigns to Lessor all of its rights, but none of its obligations (except for Lessee's obligation to pay for the Equipment conditioned upon Lessee's acceptance in accordance with Paragraph 6), in and to the Acquisition Agreement, including but not limited to the right to take title to the Equipment. Lessee shall indemnify and hold Lessor harmless in accordance with Paragraph 19 from any liability resulting from any Acquisition Agreement as well as liabilities resulting from any Acquisition Agreement Lessor is required to enter into on behalf of Lessee or with Lessee for purposes of this lease.

  • Subordination Agreement Each of (i) the subordination of interest payments to the Noteholders of the Class B Notes to the payment of any First Priority Principal Payment to the Noteholders of the Class A Notes and (ii) the subordination of interest payments to the Noteholders of the Class C Notes to the payment of any Second Priority Principal Payment to the Noteholders of the Class A Notes and the Class B Notes under Section 8.2(c) is a subordination agreement within the meaning of Section 510(a) of the Bankruptcy Code.

  • Financing Arrangements (a) The Owner will obtain the Project Loan which shall be sufficient, together with the Owner's equity contributions, to pay the full amount of the costs to construct the Project in accordance with the development budget. The Owner and the Developer also contemplate that the Property and the Project, together with all fixtures, furnishing, equipment, and articles of personal property now owned or hereafter acquired by the Owner which are or may be attached to or used in connection with the Property or the Project, together with any and all replacements thereto and substitutions therefor, and all proceeds thereof; and all present and future rents, issues, leases, and profits of the Property and the Project will serve as security for the payment obligations to any lenders relating to the Project Loan or otherwise, and that the Owner will be the principal obligor for the repayment of all financial obligations thereunder after the transfer of title to the Owner. The Owner therefore, agrees to execute and deliver all commitments, promissory notes, mortgages, collateral assignments, documents, certificates, affidavits, and other writings required to be executed by any lender in connection with such financing.

  • Subordination Agreements Subordination Agreements with respect to all Subordinated Debt.

  • Transaction Agreement This Amendment shall be a Transaction Agreement, as set forth in Section 2.1 of the Framework Agreement, for all purposes.

  • Modification Agreements The Servicer or the related Subservicer, as the case may be, shall be entitled to (A) execute assumption agreements, substitution agreements, and instruments of satisfaction or cancellation or of partial or full release or discharge, or any other document contemplated by this Servicing Agreement and other comparable instruments with respect to the Mortgage Loans and with respect to the Mortgaged Properties subject to the Mortgages (and the Company shall promptly execute any such documents on request of the Servicer) and (B) approve the granting of an easement thereon in favor of another Person, any alteration or demolition of the related Mortgaged Property or other similar matters, if it has determined, exercising its good faith business judgment in the same manner as it would if it were the owner of the related Mortgage Loan, that the security for, and the timely and full collectability of, such Mortgage Loan would not be adversely affected thereby. A partial release pursuant to this Section 3.05 shall be permitted only if the Combined Loan-to-Value Ratio for such Mortgage Loan after such partial release does not exceed the Combined Loan-to-Value Ratio for such Mortgage Loan as of the Cut-Off Date. Any fee collected by the Servicer or the related Subservicer for processing such request will be retained by the Servicer or such Subservicer as additional servicing compensation.

  • Investment Agreement AUGUST.2017 7

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