Common use of Instructions of Lenders; Limitations Clause in Contracts

Instructions of Lenders; Limitations. (i) At any time and from time to time, at the request of the Borrower the Administrative Agent (but only on the written direction or consent of the Majority Lenders) shall execute a supplement to the Mortgage for the purpose of adding provisions to, or changing or eliminating provisions of, the Mortgage as specified in such request, provided, however, that, without the consent of each Lender, no such amendment of or supplement to any such document, or waiver or modification of the terms of any thereof, shall (i) modify any of the provisions of this Section 16(a) or the definitions of the terms, "Majority Lenders" or "Operative Documents", contained herein or in any other Operative Document, (ii) increase the principal amount of any Note or reduce the amount or extend the time of payment of any amount owing or payable under any Note or (except as provided in this Agreement) increase or reduce the Break Amount or interest payable on any Note (except that only the consent of the Lender holding any Note shall be required for any decrease in any amounts of or the rate of Break Amount or interest payable on such Note or any extension for the time of payment of any amount payable under such Note), (iii) reduce, modify or amend any indemnities in favor of any Lender or in favor of or to be paid by the Borrower or alter the definition of "Indemnitee" to exclude any Lender (except as consented to by each Person adversely affected thereby), or (iv) release the Borrower from its obligations in respect of the payment of the principal and interest then outstanding (or other amounts payable therewith) or change any of the circumstances under which Stipulated Insured Amount (or other amounts payable therewith) are payable. This Section 16(a) shall not apply to any mortgage or mortgages supplemental hereto permitted by, and complying with the terms of, Section 13(b). Notwithstanding the foregoing, without the consent of each Lender, no such supplement to the Mortgage, or waiver or modification of the terms thereof or of any other agreement or document shall expressly permit the creation of any Lien on the Mortgage Estate or any part thereof, except as therein expressly permitted, or deprive any Lender of the benefit of the Lien of the Mortgage on the Mortgage Estate, except as provided in Sections 13(a) and 13(b) hereof or in connection with the exercise of remedies under Section 12 hereof. Except as provided in this Section 16(a), the Administrative Agent shall not amend, supplement or waive any of the terms of the Mortgage or this Agreement.