FINANCING OF MODIFICATIONS Sample Clauses

FINANCING OF MODIFICATIONS. (a) Lessee may from time to time, so long as no Event of Default or Default shall have occurred and be continuing, request Lessor to arrange for construction or permanent financing of any proposed Modifications to the Property or any part thereof, PROVIDED that such Modifications shall not include Modifications required under any provision of this Lease to replace a Facility or any part thereof existing on the applicable Lease Commencement Date, including those required under SECTION 13, and FURTHER PROVIDED, that Lessee delivers an Officer's Certificate stating that (i) the estimated Costs and expenses of such proposed Modifications are equal to or greater than $10,000,000, (ii) such proposed Modifications benefit the Property and are of a consistent or otherwise appropriate character and use as the Property, (iii) the amount of the requested financing does not exceed the estimated costs and expenses incurred or to be incurred in connection with such proposed Modifications (which amount shall not include any leasehold improvement costs), and (iv) such proposed Modifications, if completed in accordance 17 LEASE with the Plans and Specifications therefor, will increase the Fair Market Sales Value of the Property by an amount at least equal to the amount of the proposed financing (such Fair Market Sales Value to be determined by an appraisal to be provided by an appraiser selected by Lessor, which appraisal and appraiser shall be reasonably satisfactory to Lessee). Such request shall set forth in reasonable detail a brief narrative of such proposed Modifications and shall be accompanied by Plans and Specifications therefor. As soon as reasonably practical and in any event within thirty (30) days after receipt by Lessor of such Officer's Certificate from Lessee, Lessor shall notify Lessee either (x) that Lessor does not wish to arrange such construction and/or permanent financing or (y) that Lessor does wish to arrange such construction and/or permanent financing (and setting forth the terms of Lessor's proposal therefor). In the latter event, Lessor and Lessee shall (subject to the provisions of the Loan Agreement if at the time in effect) (A) offer to the Lenders the opportunity to participate in such construction and/or permanent financing, and in the event that the Lenders agree to participate in such financing, arrange for the issuance of additional secured notes requested by Lessee, to be issued pursuant to the Loan Agreement on terms satisfactory to Le...
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FINANCING OF MODIFICATIONS. 20 SECTION 9.4. Permitted Contests . . . . . . . . . . . . . . 23 ARTICLE X USE . . . . . . . . . . . . . . . . . . . . . . . 23 ARTICLE XI INSURANCE . . . . . . . . . . . . . . . . . . . . . 24 SECTION 11.1. Required Coverages . . . . . . . . . . . . . . 24 SECTION 11.2. Delivery of Insurance Certificates . . . . . . 25
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Related to FINANCING OF MODIFICATIONS

  • Amendments; Modifications Neither this Agreement nor any term or provision in it may be changed, waived, discharged, rescinded or terminated orally, but only by an agreement in writing signed by the party against whom or which the enforcement of the change, waiver, discharge, rescission or termination is sought.

  • Waiver; Modification Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of, or failure to insist upon strict compliance with, any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. This Agreement shall not be modified in any respect except by a writing executed by each party hereto.

  • Amendments; Waivers; Modifications This Security Agreement and the provisions hereof may not be amended, waived, modified, changed, discharged or terminated except as set forth in Section 9.1 of the Credit Agreement.

  • Waivers; Modifications Except as set forth in a written instrument included in the related Mortgage File, the (A) material terms of the related Mortgage Note, the related Mortgage(s) and any related loan agreement and/or lock-box agreement have not been waived, modified, altered, satisfied, impaired, canceled, subordinated or rescinded by the mortgagee in any manner, and (B) no portion of a related Mortgaged Property has been released from the lien of the related Mortgage, in the case of (A) and/or (B), to an extent or in a manner that in any such event materially interferes with the security intended to be provided by such document or instrument. Schedule III (xxviii) identifies each Mortgage Loan (if any) as to which, since the latest date any related due diligence materials were delivered to Anthracite Capital, Inc. (or its designee), there has been (in writing) given, made or consented to a material alteration, material modification or assumption of the terms of the related Mortgage Note, Mortgage(s) or any related loan agreement and/or lock-box agreement and/or as to which, since such date, there has been (in writing) a waiver other than as related to routine operational matters or minor covenants.

  • Amendments; Waivers; Modifications, etc This Agreement and the provisions hereof may not be amended, waived, modified, changed, discharged or terminated except as set forth in Section 11.01 of the Credit Agreement.

  • Amendments, Modifications and Waivers No amendment, modification or waiver in respect of this Agreement shall be effective against any party unless it shall be in writing and signed by Parent, the Company and Stockholder.

  • Waiver, Modification, Etc No provision or term of this Amendment may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

  • Modification and Amendments If a Fund shall determine that the coverage required by Rule 17g-1 for the Fund has changed, or that the amount of the total coverage allocated to the Fund should otherwise by modified, it shall so notify the other Funds and shall set forth the modification which it believes to be appropriate, and the proposed treatment of any increase in or return of premium paid to the insurance company. Within 60 days after such notice, the Funds shall seek the approvals required by Rule 17g-1, and if the approvals are obtained, shall effect an amendment to this Agreement and the bond. Any Fund may terminate this Agreement (except with respect to losses occurring prior to such withdrawal) by giving at least 60 days’ written notice to the other Funds and to the Commission before the effective date of such termination. The Fund terminating the Agreement shall thereafter be removed as a named insured under the bond in accordance with Rule 17g-1 and the Fund shall be entitled to receive a pro rata portion of any return of premium paid to the insurance company.

  • Amendments, Modifications, etc This Agreement may not be amended or modified except by an agreement in writing executed by Exchangeco, Patch and the Trustee and approved by the Shareholders in accordance with section 11.2 of the Exchangeable Share Provisions.

  • Written Modifications This Agreement may be amended, modified, extended or terminated, and the provisions hereof may be waived, only by an agreement in writing signed by the Company and the Stockholders that hold a majority of the Shares held by all Stockholders: provided, however, that any amendment, modification, extension, termination or waiver (an “Amendment”) shall also require the consent of any Stockholder who would be disproportionately and adversely affected thereby. Each such Amendment shall be binding upon each party hereto and each holder of Shares subject hereto. In addition, each party hereto and each holder of Shares subject hereto may waive any right hereunder by an instrument in writing signed by such party or holder.

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