Financing During Term Sample Clauses

Financing During Term. Lessee hereby expressly consents to the Lien imposed in favor of any first mortgage indebtedness. With respect to any financing or refinancing during the Base Term and during any Renewal Term, Lessor shall be free to encumber the Property, provided that under no circumstances shall any such financing adversely affect the rights and privileges of Lessee under this Lease in any material respect, or increase in any material respect the nature, scope or amount of any obligations or liabilities (including any contingent liabilities) of Lessee in excess of those existing prior to any such further encumbrances by Lessor. Lessee and its Affiliates will have no obligation to amend this Lease to facilitate such financing; but shall execute and deliver a subordination and attornment agreement to any lender to Lessor permitted by the above terms of this Section 24.1 if such lender shall in turn deliver a nondisturbance agreement to Lessee, in each case with terms reasonably acceptable to the parties. Lessee agrees to cooperate with any refinancing by Lessor permitted hereunder. Such cooperation shall include, without limitation, (i) naming such new lender(s) as additional insureds; and (ii) making payments of Base Rent and/or Supplemental Rent to or at the direction of such lender(s).
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Financing During Term. Lessee hereby expressly consents to the Lien imposed in favor of the Indebtedness pursuant to the Debt Documents and such Indebtedness as in effect on the date hereof. With respect to any refinancing of the initial Indebtedness or additional financing during the Base Term and during any Renewal Term, Lessor shall be free to encumber the Property, provided that under no circumstances shall any such financing adversely affect the rights and privileges of Lessee under this Lease, or any sub-tenants under any Existing Subleases, or increase the nature, scope or amount of any obligations or liabilities (including any contingent liabilities) of Lessee in excess of those existing prior to any such further encumbrances by Lessor, in each case, other than to a de minimus extent. Lessee and its Affiliates will have no obligation to amend this Lease or any other Operative Documents to facilitate such financing (except, subject to the proviso in the immediately preceding sentence, to amend the definitions of “Debt Documents”, “Holders”, “Indebtedness”, “
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Financing During Term. Lessor shall be free to encumber the Property, provided that under no circumstances shall any such financing adversely affect the rights and privileges of Lessee under this Lease, or increase the nature, scope or amount of any obligations or liabilities (including any contingent liabilities) of Lessee in excess of those existing prior to any such encumbrances by Lessor. Lessee and its Affiliates will have no obligation to amend this Lease to facilitate such financing; but shall execute and deliver a subordination, non-disturbance and attornment agreement in substantially the form attached hereto as Exhibit B (an "SNDA'') to any lender to Lessor permitted by the above terms of this Section 24.1 if such lender shall execute and deliver such an SNDA to Lessee. Lessee agrees to cooperate with any refinancing by Lessor permitted hereunder; provided Lessor pays Lessee's reasonable actual out-of-pocket expenses. Such cooperation may include, without limitation, (i) providing such new lender(s) with a standard mortgagee endorsement to the certificate of insurance; and (ii) making payments of Base Rent and/or Supplemental Rent to or at the direction of such lender(s). In the event that any refinancing contemplates a private or public offering which requires any disclosure concerning Lessee or Guarantor, Lessor shall ensure that no disclosures about Lessee or Guarantor are made other than those that are then in the public domain. Further, Lessor shall not disclose any non-public information of Lessee or Guarantor that it has received in connection with this Lease without the prior written consent ·Of Lessee. Further, Lessee and Guarantor shall not be obligated to make any representations or warranties or covenants to or enter into any agreements with any person or entity in connection with any such refinancing except as specifically set forth above in this Section 24.1.
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Financing During Term. ..59 Section 24.2. Lessee's Consent to Assignment for Indebtedness....................................................59 ARTICLE 25 MISCELLANEOUS.........................................................................................61 Section 25.1. Memorandum.........................................................................................61 Section 25.2. Binding Effect; Successors and Assigns; Survival...................................................61 Section 25.3. Quiet Enjoyment....................................................................................62 Section 25.4. Notices............................................................................................62 Section 25.5. Severability.......................................................................................62 Section 25.6.
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Financing During Term. 61 --------------------- Section 26.02. Counterparts, Memorandum.........................62 ------------------------
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Financing During Term. Lessee hereby expressly consents to the Lien imposed in favor of the Indebtedness pursuant to the Debt Documents and such Indebtedness as in effect on the date hereof. In connection with any refinancing of the initial Indebtedness during the Base Term and during any Renewal Term, Lessor shall be free to encumber the Property to the extent not violative of any other Operative Document; provided, that under no circumstances shall there be any second mortgage or subordinated financing nor shall any such refinancing adversely affect the rights and privileges of Lessee under this Lease in any respect, or increase the nature, scope or amount of
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Financing During Term. Lessee hereby expressly consents to the Lien imposed in favor of the Indebtedness pursuant to the Debt Documents and such Indebtedness as in effect on the date hereof. In connection with any refinancing of the initial Indebtedness during the Base Term and during any Renewal Term, Lessor shall be free to encumber the Property to the extent not violative of any other Operative Document; provided, that under no circumstances shall there be any second mortgage or subordinated financing nor shall any such refinancing adversely affect the rights and privileges of Lessee under this Lease in any respect, or increase the nature, scope or amount of any obligations of Lessee in excess of those existing prior to any such refinancing or increase the nature, scope or amount of any payment obligations of Lessee in excess of those existing prior to any such refinancing; provided, further, Lessee acknowledges that an increase in the principal amount over the principal outstanding on the Indebtedness, an increase in the interest rate over the interest rate applicable to the Notes, the imposition of additional covenants on the Lessor over covenants in the Debt Documents, additional or different provisions relating to events of default, remedies, late charges, default rate interests, intercreditor matters and other covenants and provisions that do not alter the terms and conditions of this Lease shall not be deemed to violate the foregoing proviso. In connection with any refinancing, Lessee shall not be obligated for any make-whole premium or similar amount in excess of its obligations related to Make-Whole Premium as if no refinancing occurred. Further, any such refinancing shall not adversely affect the rights and privileges of Head Lessor under the Head Lease or any Operative Document without the consent of the Head Lessor. Any refinancing shall be subject to the implementation of an intercreditor arrangement in form and substance acceptable to the relevant Participants and evidenced by documentation acceptable to each relevant Participant and the new lenders. Lessee and its Affiliates will have no obligation to amend this Lease or any other Operative Documents to facilitate such refinancing (except to amend the definitions of "Debt Documents," "
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Related to Financing During Term

  • Forbearance Period Subject to the terms and conditions herein set forth and in reliance upon the Loan Parties’ representations, acknowledgments, agreements and warranties herein contained, including, without limitation, the satisfaction of the conditions precedent described in Section 5 herein, the Administrative Agent and the Lenders agree that during the Forbearance Period they will forbear from exercising remedial rights against the Collateral under the Credit Agreement and/or the other Loan Documents solely in respect of the Specified Defaults. The Administrative Agent’s and the Lenders’ agreement to forbear is temporary and limited in nature and shall not be deemed: (i) to preclude or prevent the Administrative Agent, the Lenders and/or any other Secured Party from exercising any rights and remedies under the Loan Documents, applicable law or otherwise arising on account of (A) any Default or Event of Default other than the Specified Defaults, (B) the Specified Defaults from and after the occurrence of any of the events set forth in Section 3 hereof or (C) the right to seek payment of attorneys’ fees and other costs and expenses in connection with the preparation, negotiation, execution and delivery of this Agreement and in connection with the negotiation, documentation and analysis of any proposed “work out”, restructuring, funding or amendment to the Credit Agreement or other Loan Documents prior to or after the date of this Agreement and the exercise of the rights and remedies described under Section 3; (ii) to effect any amendment of the Credit Agreement or any of the other Loan Documents, all of which shall remain in full force and effect in accordance with their respective terms; (iii) to constitute a waiver of the Specified Defaults or any other Default or Event of Default (whether now existing or hereafter occurring) (each Default or Event of Default other than any Specified Default, an “Other Default”) or any term or provision of the Credit Agreement or any of the other Loan Documents; or (iv) to establish a custom or course of dealing among the Borrower, any other Loan Party and the Administrative Agent, the Lenders and/or any other Secured Party. The Loan Parties further acknowledge and agree that interest on the Obligations will continue to accrue in accordance with Section 2.07 of the Credit Agreement.

  • Allocations During the Revolving Period During the Revolving Period, the Servicer shall, prior to the close of business on the day any Collections are deposited in the Collection Account, allocate to the Investor Certificateholders or the Holder of the Seller Interest and pay or deposit from the Collection Account the following amounts as set forth below:

  • Allocations During the Controlled Accumulation Period During the Controlled Accumulation Period (A) an amount equal to the product of (I) the sum of the Class B Principal Percentage and the Collateral Principal Percentage and (II) the Principal Allocation Percentage and (III) the Series 2022-4 Allocation Percentage and (IV) the aggregate amount of Collections of Principal Receivables deposited in the Collection Account on such Deposit Date, shall be allocated to the Series 2022-4 Certificateholders and retained in the Collection Account until applied as provided herein and (B) an amount equal to the product of (I) the Class A Principal Percentage and (II) the Principal Allocation Percentage and (III) the Series 2022-4 Allocation Percentage and (IV) the aggregate amount of Collections of Principal Receivables deposited in the Collection Account on such Deposit Date (the product specified in this clause (B) for any such date is hereinafter referred to as a “Percentage Allocation”) shall be allocated to the Series 2022-4 Certificateholders and retained in the Collection Account until applied as provided herein; provided, however, that if the sum of such Percentage Allocation and all preceding Percentage Allocations with respect to the same Monthly Period exceeds the Controlled Deposit Amount during the Controlled Accumulation Period for the related Distribution Date, then such excess shall not be treated as a Percentage Allocation and shall be first, if any other Principal Sharing Series is outstanding and in its amortization period or accumulation period, retained in the Collection Account for application, to the extent necessary, as Shared Principal Collections on the related Distribution Date, and second paid to the Holders of the Transferor Certificates only if the Transferor Amount on such Deposit Date is greater than the Required Transferor Amount (after giving effect to all Principal Receivables transferred to the Trust on such day) and otherwise shall be deposited in the Special Funding Account.

  • Allocations During the Early Amortization Period During the Early Amortization Period, an amount equal to the product of (A) the Principal Allocation Percentage and (B) the Series 1997-1 Allocation Percentage and (C) the aggregate amount of Collections of Principal Receivables deposited in the Collection Account on such Deposit Date, shall be allocated to the Series 1997-1 Certificateholders and retained in the Collection Account until applied as provided herein; provided, however, that after the date on which an amount of such Collections equal to the Adjusted Invested Amount has been deposited into the Collection Account and allocated to the Series 1997-1 Certificateholders, such amount shall be first, if any other Principal Sharing Series is outstanding and in its amortization period or accumulation period, retained in the Collection Account for application, to the extent necessary, as Shared Principal Collections on the related Distribution Date, and second paid to the Holders of the Transferor Certificates only if the Transferor Amount on such date is greater than the Required Transferor Amount (after giving effect to all Principal Receivables transferred to the Trust on such day) and otherwise shall be deposited in the Special Funding Account.

  • Allocations During the Rapid Amortization Period During the Rapid Amortization Period, the Servicer shall, prior to the close of business on the day any Collections are deposited in the Collection Account, allocate to the Investor Certificateholders and pay or deposit from the Collection Account the following amounts as set forth below:

  • Effective Date; Duration; Continuance (a) This Agreement shall become effective on October 1, 2022.

  • Default under Loan Documents Any failure to perform or default in the performance by any Credit Party that continues after applicable grace and cure periods under any covenant, condition or agreement contained in any of the other Loan Documents or any other agreement with Lender, all of which covenants, conditions and agreements are hereby incorporated in this Agreement by express reference.

  • Default Under Other Loan Documents Any Credit Party shall default in the performance or observance of any term, covenant, condition or agreement on its part to be performed or observed hereunder or under any Loan Document (and not constituting an Event of Default under any other clause of this Section 10.1) and such default shall continue unremedied for a period of thirty (30) days after written or telephonic (immediately confirmed in writing) notice thereof has been given to the Borrower by the Administrative Agent; or

  • Sales During Pre-Settlement Period Notwithstanding anything herein to the contrary, if at any time on or after the time of execution of this Agreement by the Company and an applicable Purchaser, through, and including the time immediately prior to the Closing (the “Pre-Settlement Period”), such Purchaser sells to any Person all, or any portion, of any shares of Common Stock to be issued hereunder to such Purchaser at the Closing (collectively, the “Pre-Settlement Shares”), such Purchaser shall, automatically hereunder (without any additional required actions by such Purchaser or the Company), be deemed to be unconditionally bound to purchase, and the Company shall be deemed unconditionally bound to sell, such Pre-Settlement Shares to such Purchaser at the Closing; provided, that the Company shall not be required to deliver any Pre-Settlement Shares to such Purchaser prior to the Company’s receipt of the purchase price of such Pre-Settlement Shares hereunder; and provided further that the Company hereby acknowledges and agrees that the forgoing shall not constitute a representation or covenant by such Purchaser as to whether or not during the Pre-Settlement Period such Purchaser shall sell any shares of Common Stock to any Person and that any such decision to sell any shares of Common Stock by such Purchaser shall solely be made at the time such Purchaser elects to effect any such sale, if any.

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