Common use of JUNIOR LENDERS Clause in Contracts

JUNIOR LENDERS. Each Junior Lender hereby acknowledges as to itself only that (i) it has received and reviewed and, subject to the terms and conditions of this Agreement, hereby consents to and approves of the making of the Senior Loan and each of the Junior Loans (other than the Junior Loan held by such Junior Lender) and, subject to the terms and provisions of this Agreement, all of the terms and provisions of the Senior Loan Documents and each of the Junior Loan Documents (other than the Junior Loan Documents relating to the Junior Loan held by such Junior Lender); (ii) the execution, delivery and performance of the Senior Loan Documents and each of the Junior Loan Documents (other than the Junior Loan Documents relating to the Junior Loan held by such Junior Lender) will not constitute a default or an event which, with the giving of notice or the lapse of time, or both, would constitute a default under the Junior Loan Documents relating to the Junior Loan held by such Junior Lender; (iii) none of Senior Lender nor any other Junior Lender is under any obligation or duty to, nor has Senior Lender nor any other Junior Lender represented that any Person will, see to (a) the application of the proceeds of the Senior Loan and (b) the application of the proceeds of any Junior Loan (other than the Junior Loan held by such Junior Lender); (iv) (A) any application or use of the proceeds of the Senior Loan for purposes other than those provided in the Senior Loan Documents shall not affect, impair or defeat the terms and provisions of this Agreement or the Senior Loan Documents and (B) any application or use of the proceeds of any Junior Loan (other than the Junior Loan held by such Junior Lender) for purposes other than those provided in the related Junior Loan Documents shall not affect, impair or defeat the terms and provisions of this Agreement or the related Junior Loan Documents; and (v) any conditions precedent to such Junior Lender’s consent to the other Junior Loan as set forth in such Junior Lender’s Junior Loan Documents or any other agreements with the applicable Junior Borrower, as they apply to the other Junior Loan Documents or the making of the other Junior Loan, have been either satisfied or waived.

JUNIOR LENDERS. Each Junior Lender hereby acknowledges as to itself only that (i) it has received and reviewed and, subject to the terms and conditions of this Agreement, hereby consents to and approves of the making of the Senior Loan and each of the Junior Loans (other than the Junior Loan held by such Junior Lender) and, subject to the terms and provisions of this Agreement, all of the terms and provisions of the Senior Loan Documents and each of the Junior Loan Documents (other than the Junior Loan Documents relating to the Junior Loan held by such Junior Lender)Documents; (ii) the execution, delivery and performance of the Senior Loan Documents and each of the Junior Loan Documents (other than the Junior Loan Documents relating to the Junior Loan held by such Junior Lender) will not constitute a default or an event which, with the giving of notice or the lapse of time, or both, would constitute a default under the Junior Loan Documents relating to the Junior Loan held by such Junior Lender; (iii) none of Senior Lender nor or any of the other Junior Lender is Lenders are under any obligation or duty to, nor has Senior Lender nor or any of the other Junior Lender Lenders represented that any Person either will, see to (aA) the application of the proceeds of the Senior Loan by Borrower or any other Person to whom Senior Lender disburses such proceeds and (bB) the application of the proceeds of any Junior Loan (by any Junior Borrower or any other than the Junior Loan held by Person to whom such Junior Lender)Lender disburses such proceeds; (iv) (A) any application or use of the proceeds of the Senior Loan for purposes other than those provided in the Senior Loan Documents shall not affect, impair or defeat the terms and provisions of this Agreement or the Senior Loan Documents and (B) any application or use of the proceeds of any Junior Loan (other than the Junior Loan held by such Junior Lender) Lender for purposes other than those provided in the related Junior Loan Documents shall not affect, impair or defeat the terms and provisions of this Agreement or the related Junior Loan Documents; and (v) any conditions precedent to such Junior Lender’s consent to the other Junior Loan mezzanine or partner financing as set forth in such Junior Lender’s the Junior Loan Documents or any other agreements with the applicable Junior BorrowerBorrowers, as they apply to the other Junior Loan Documents or the making of the other Junior LoanLoans, have been either satisfied or waived.

JUNIOR LENDERS. Each Junior Lender hereby acknowledges as to itself only that (i) it has received and reviewed and, subject to the terms and conditions of this Agreement, hereby consents to and approves of the making of the Senior Loan and each of the Junior Loans (other than the Junior Loan held by such Junior Lender) and, subject to the terms and provisions of this Agreement, all of the terms and provisions of the Senior Loan Documents and each of the Junior Loan Documents (other than the Junior Loan Documents relating to the Junior Loan held by such Junior Lender)Documents; (ii) the execution, delivery and performance of the Senior Loan Documents and each of the Junior Loan Documents (other than the Junior Loan Documents relating to the Junior Loan held by such Junior Lender) will not constitute a default or an event which, with the giving of notice or the lapse of time, or both, would constitute a default under the Junior Loan Documents relating to the Junior Loan held by such Junior Lender; (iii) none of Senior Lender nor or any of the other Junior Lender is Lenders are under any obligation or duty to, nor has Senior Lender nor or any of the other Junior Lender Lenders represented that any Person either will, see to (aA) the application of the proceeds of the Senior Loan by Borrower or any other Person to whom Senior Lender disburses such proceeds and (bB) the application of the proceeds of any Junior Loan (other than the Junior Loan held by such Junior Lender); (iv) (A) any application or use of the proceeds of the Senior Loan for purposes other than those provided in the Senior Loan Documents shall not affect, impair or defeat the terms and provisions of this Agreement or the Senior Loan Documents and (B) any application or use of the proceeds of any Junior Loan (other than the Junior Loan held by such Junior Lender) Lender for purposes other than those provided in the related Junior Loan Documents shall not affect, impair or defeat the terms and provisions of this Agreement or the related Junior Loan Documents; and (v) any conditions precedent to such Junior Lender’s consent to the other Junior Loan mezzanine or partner financing as set forth in such Junior Lender’s the Junior Loan Documents or any other agreements with the applicable Junior BorrowerBorrowers, as they apply to the other Junior Loan Documents or the making of the other Junior LoanLoans, have been either satisfied or waived.

JUNIOR LENDERS. Each Junior Lender hereby acknowledges as to itself only that that: (i) it has received and reviewed and, subject to the terms and conditions of this Agreement, hereby consents to and approves of the making of the Senior Loan and each of the Junior Loans (other than the Junior Loan held by such Junior Lender) and, subject to the terms and provisions of this Agreement, all of the terms and provisions of the Senior Loan Documents and each of the Junior Loan Documents (other than the Junior Loan Documents relating to the Junior Loan held by such Junior Lender)Documents; (ii) the execution, delivery and performance of the Senior Loan Documents and each of the Junior Loan Documents (other than the Junior Loan Documents relating to the Junior Loan held by such Junior Lender) will not constitute a default or an event which, with the giving of notice or the lapse of time, or both, would constitute a default under the Junior Loan Documents relating to the Junior Loan held by such Junior Lender; (iii) none of the other Junior Lenders are under any obligation or duty to, nor has any of the other Junior Lenders represented that it will, see to the application of the proceeds of the Senior Loan; (iv) none of Senior Lender nor any of the other Junior Lender is Lenders are under any obligation or duty to, nor has Senior Lender nor or any of the other Junior Lender Lenders represented that any Person it will, see to (a) the application of the proceeds of the Senior Loan and (b) the application of the proceeds of any Junior Loan (other than the Junior Loan held by such Junior Lender); (ivv) (A) except as otherwise specifically provided herein, any application or use of the proceeds of the Senior Loan for purposes other than those provided in the Senior Loan Documents shall not affect, impair or defeat the terms and provisions of this Agreement or the Senior Loan Documents Documents, and (B) any application or use of the proceeds of any Junior Loan (other than the Junior Loan held by such Junior Lender) Lender for purposes other than those provided in the related Junior Loan Documents shall not affect, impair or defeat the terms and provisions of this Agreement or the related Junior Loan Documents or the Senior Loan Documents; and (vvi) any conditions precedent to such Junior Lender’s consent to the other Junior Loan mezzanine financing as set forth in such Junior Lender’s the Junior Loan Documents or any other agreements with the applicable Junior BorrowerBorrowers, as they apply to the other Junior Loan Documents or the making of the other Junior LoanLoans, have been either satisfied or waived.

JUNIOR LENDERS. Each Junior Lender hereby acknowledges as to itself only that (i) it has received and reviewed and, subject to the terms and conditions of this Agreement, hereby consents to and approves of the making of the Senior Loan and each of the Junior Loans (other than the Junior Loan held by such Junior Lender) and, subject to the terms and provisions of this Agreement, all of the terms and provisions of the Senior Loan Documents and each of the Junior Loan Documents (other than the Junior Loan Documents relating to the Junior Loan held by such Junior Lender)Documents; (ii) the execution, delivery and performance of the Senior Loan Documents and each of the Junior Loan Documents (other than the Junior Loan Documents relating to the Junior Loan held by such Junior Lender) will not constitute a default or an event which, with the giving of notice or the lapse of time, or both, would constitute a default under the Junior Loan Documents relating to the Junior Loan held by such Junior Lender; (iii) none of Senior Lender nor or any of the other Junior Lender is Lenders are under any obligation or duty to, nor has Senior Lender nor or any of the other Junior Lender Lenders represented that any Person either will, see to (aA) the application of the proceeds of the Senior Loan by Borrower or any other Person to whom Senior Lender disburses such proceeds and (bB) the application of the proceeds of any Junior Loan (other than the Junior Loan held by such Junior Lender); (iv) (A) any application or use of the proceeds of the Senior Loan for purposes other than those provided in the Senior Loan Documents shall not affect, impair or defeat the terms and provisions of this Agreement or the Senior Loan Documents and (B) any application or use of the proceeds of any Junior Loan (other than the Junior Loan held by such Junior Lender) Lender for purposes other than those provided in the related Junior Loan Documents shall not affect, impair or defeat the terms and provisions of this Agreement or the related Junior Loan Documents; and (v) any conditions precedent to such Junior Lender’s 's consent to the other Junior Loan mezzanine or partner financing as set forth in such Junior Lender’s the Junior Loan Documents or any other agreements with the applicable Junior BorrowerBorrowers, as they apply to the other Junior Loan Documents or the making of the other Junior LoanLoans, have been either satisfied or waived.