Intentionally Omitted. Intentionally Omitted.
Intentionally Omitted. 4 SECTION 3.4
Intentionally Omitted. See Section 7.03 of the Credit Agreement for these provisions.]
Intentionally Omitted. 42 Section 12.7
Intentionally Omitted. Section 18.35.
Intentionally Omitted. Notwithstanding anything to the contrary contained in this Section 5.1.17, to the extent Lender’s prior written approval is required pursuant to the provisions of this Section 5.1.17, Lender shall, with respect to such proposed Leases, Lease Term Sheets and/or renewals, modifications, amendments or terminations of, or waivers with respect to, existing Leases, have ten (10) Business Days (fifteen (15) Business Days for any termination, rent reduction, space surrender or term shortening request) from receipt of such written request in which to approve or disapprove such Lease or other documentation, provided such written request to Lender for approval is marked in bold lettering with the following language: “LENDER’S RESPONSE IS REQUIRED WITHIN TEN (10) BUSINESS DAYS (FIFTEEN (15) BUSINESS DAYS FOR ANY TERMINATION, RENT REDUCTION, SPACE SURRENDER OR TERM SHORTENING REQUEST) OF RECEIPT OF THIS NOTICE (THE “APPROVAL PERIOD”) PURSUANT TO THE TERMS OF A LOAN AGREEMENT BETWEEN THE UNDERSIGNED AND LENDER; PROVIDED, HOWEVER, THAT LENDER SHALL HAVE THE RIGHT TO A FIVE (5) DAY EXTENSION OF THE APPROVAL PERIOD UPON NOTICE TO BORROWER” and the envelope containing the request must be marked “PRIORITY”. In the event Lender fails to respond to the proposed Lease, Lease Term Sheet and/or renewal, modification, amendment or termination of, or waiver with respect to, an existing Lease within such time, Lender’s approval shall be deemed given. The reasonable out-of-pocket attorneys’ fees incurred by Lender in connection with any such proposed Lease, Lease Term Sheet and/or renewal, modification, amendment or termination of, or waiver with respect to, an existing Lease shall be payable by Borrower to Lender within ten (10) Business Days after Lender’s written request therefor.
Intentionally Omitted. Promptly after receipt by an Indemnified Person of notice of any claim or the commencement of any action, the Indemnified Person shall, if a claim in respect thereof is to be made against any Indemnifying Person, notify such Indemnifying Person in writing of the claim or the commencement of that action; provided, however, that the failure to notify such Indemnifying Person shall not relieve it from any liability which it may have under the indemnification provisions of this Section 9.2 except to the extent that it has been materially prejudiced by such failure and, provided, further that the failure to notify such Indemnifying Person shall not relieve it from any liability which it may have to an Indemnified Person otherwise than under the provisions of this Section 9.2. If any such claim or action shall be brought against an Indemnified Person, and it shall notify any Indemnifying Person thereof, such Indemnifying Person shall be entitled to participate therein and, to the extent that it wishes, assume the defense thereof with counsel reasonably satisfactory to the Indemnified Person. After notice from any Indemnifying Person to the Indemnified Person of its election to assume the defense of such claim or action, such Indemnifying Person shall not be liable to the Indemnified Person for any legal or other expenses subsequently incurred by the Indemnified Person in connection with the defense thereof except as provided in the following sentence; provided, however, if the defendants in any such action include both an Indemnifying Person, on the one hand, and one or more Indemnified Persons on the other hand, and an Indemnified Person shall have reasonably concluded that there are any legal defenses available to it and/or other Indemnified Persons that are different or in addition to those available to the Indemnifying Person, the Indemnified Person or Persons shall have the right to select separate counsel to assert such legal defenses and to otherwise participate in the defense of such action on behalf of such Indemnified Person or Persons. The Indemnified Person shall have the right to employ separate counsel in any such action and to participate in the defense thereof but the fees and expenses of such counsel shall be the expense of such Indemnified Person unless: (i) the employment thereof has been specifically authorized by Borrower in writing; or (ii) in such claims or action there is, in the reasonable opinion of independent counsel, a conflict conce...
Intentionally Omitted. SECTION 2.06.
Intentionally Omitted. Section 9.10.
Intentionally Omitted. I N D E X
