Landlord and Mortgagee Agreements. The Borrowers shall have used their best efforts to provide to the Administrative Agent a landlord or mortgagee waiver and access agreement executed by the landlord or mortgagee of any distribution center listed on Schedule 11.21, in each case in form and substance satisfactory to the Administrative Agent.
Landlord and Mortgagee Agreements. If, after the Closing Date, the Borrowers or any of their Subsidiaries acquires or leases any distribution centers used as a warehouse facility containing any Collateral, the Borrowers shall, or shall cause such Subsidiary to, use commercially reasonably efforts to deliver to the Administrative Agent a landlord or mortgagee waiver and access agreement executed by the landlord or mortgagee, as applicable, of any such distribution center, in each case in form and substance satisfactory to the Administrative Agent. Each Borrower shall continue to use its commercially reasonable efforts to provide to the Administrative Agent a landlord or mortgagee waiver and access agreement executed by the landlord or mortgagee of any distribution center listed on Schedule 11.21, in each case in form and substance satisfactory to the Administrative Agent, which have not been provided to the Administrative Agent pursuant to Section 11.21; provided that, with respect to any distribution center for which such a landlord or mortgagee waiver and access agreement has not been so delivered, the Administrative Agent may, in its reasonable commercial judgment, implement a reserve against the Domestic Borrowing Base, the Aggregate Borrowing Base or the Last Out Borrowing Base.
Landlord and Mortgagee Agreements. The Credit Parties will provide to the Agent upon the Agent's request, a landlord's or mortgagee's waiver and consent agreement or subordination and consent agreement, in form and substance reasonably acceptable to the Agent, duly executed on behalf of each landlord or mortgagee, as the case may be, of Real Property on which any Collateral is located; provided that the Agent may, in its discretion, defer delivery of any such waiver and consent agreement or subordination and consent agreement and establish a Reserve with respect to any Collateral located on any Real Property for which the Agent has not received such acceptable waiver and consent agreement or subordination and consent agreement; provided further that in the event the Credit Parties, after use of commercially reasonable efforts, are unable to obtain any such landlord waivers requested for a retail location, the Agent's and the Lenders' sole remedy in connection therewith shall be to establish a Reserve with respect to such location.
Landlord and Mortgagee Agreements. Borrower shall use commercially reasonable efforts for one hundred twenty (120) days following the Closing Date to obtain a landlord’s agreement or mortgagee agreement, as applicable, from the lessors or mortgagees of the locations of the headquarters of the Borrower, which agreements shall contain a waiver or subordination of all Liens or claims that such landlord or mortgagee may assert against the Collateral at that location, and shall otherwise be reasonably satisfactory in form and substance to the Syndication Agent and the Administrative Agent; provided, that (a) the Borrower shall use commercially reasonable efforts to obtain such landlord’s agreements or mortgagee agreements on or prior to the Closing Date and (b) no landlord’s agreement or mortgagee agreement with respect to the premises at 1166 Avenue of the Xxxxxxxx, 00xx xxxxx, Xxx Xxxx, XX 00000 shall be required if the related lease is terminated and the premises are vacated within ninety (90) days following the Closing Date. SECOND LIEN CREDIT AGREEMENT WESTWOOD ONE, INC.
Landlord and Mortgagee Agreements. The Obligated Parties will provide to the Agent a landlord’s, mortgagee’s, or warehouseman’s waiver and consent agreement or subordination and consent agreement, in form and substance reasonably acceptable to the Agent, duly executed on behalf of each landlord, mortgagee, or warehouse owner, as the case may be, of any Real Estate or warehouse on or at which any Collateral is located; provided that (a) the Agent may, in its discretion, defer delivery of any such waiver and consent agreement or subordination and consent agreement and establish a Reserve with respect to any Collateral located on or at any Real Estate or warehouse for which the Agent has not received such acceptable waiver and consent agreement or subordination and consent agreement, and (b) no such waiver and consent agreement or subordination and consent agreement will be required with respect to any particular leasehold interest in Real Estate or warehouse as to which the Collateral located thereon or thereat has a fair market value of $250,000 or less, provided, further, that the aggregate fair market value of all Collateral located at any and all leasehold interests in Real Estate and/or any and all warehouses for which no such waiver and consent agreement or subordination and consent agreement exists shall not exceed $1,000,000 at any time.
Landlord and Mortgagee Agreements. Borrower shall (and shall cause each of its Subsidiaries to) use reasonable efforts to obtain landlord lien waivers and mortgagee non-disturbance agreements with respect to all leasehold estates (other than mall locations) on or before September 30, 2004. Borrower shall not required to pay any fee or charge of any applicable landlord or mortgagee in an effort to obtain any such waiver or non-disturbance agreement.
Landlord and Mortgagee Agreements. Borrower shall (and shall cause each of its Subsidiaries to) use reasonable efforts to obtain landlord lien waivers and mortgagee non-disturbance agreements with respect to all leasehold estates (other than mall locations) on or before September 30, 2004. Borrower shall not required to pay any fee or charge of any applicable landlord or mortgagee in an effort to obtain any such waiver or non-disturbance agreement. Negative Covenants Until the Revolving Commitments have expired or terminated and the principal of and interest on each Loan and all fees payable hereunder have been paid in full and all Letters of Credit have expired or terminated and all LC Disbursements shall have been reimbursed, the Borrower covenants and agrees with the Lenders that:
Landlord and Mortgagee Agreements. The Credit Parties will provide to the Collateral Agent upon the request of any Agent, a landlord's or mortgagee's waiver and consent agreement or subordination and consent agreement, in form and substance reasonably acceptable to the Collateral Agent, duly executed on behalf of each landlord or mortgagee, as the case may be, of Real Property on which any Eligible Inventory or Eligible Installment Contracts is located, with respect to any location which is not a retail location; provided that the Collateral Agent may, in its discretion, defer or waive delivery of any such waiver and consent agreement or subordination and consent agreement and establish a Reserve with respect to any Collateral located on any such Real Property for which the Collateral Agent has not received such acceptable waiver and consent agreement or subordination and consent agreement; provided, further, that in the event the Credit Parties, after use of commercially reasonable efforts, are unable to obtain any such waiver and consent agreement or subordination and consent agreement, the Agents' and the Lenders' sole remedy in connection therewith shall be to establish a Reserve with respect to such location. With respect to all retail locations, the Credit Parties may provide a landlord's or mortgagee's waiver and consent agreement or subordination and consent agreement, in form and substance reasonably acceptable to the Collateral Agent, duly executed on behalf of each landlord or mortgagee, as the case may be, and that in the event the Credit Parties provide any such landlord's or mortgagee's waiver and consent agreement or subordination and consent agreement, the Collateral Agents will not establish a rent Reserve with respect to such location.
Landlord and Mortgagee Agreements. The Obligated Parties will provide to the Agent upon the Agent's request, a landlord's or mortgagee's waiver and consent agreement or subordination and consent agreement, in form and substance reasonably acceptable to the Agent, duly executed on behalf of each landlord or mortgagee, as the case may be, of Real Estate on which any Collateral is located; provided that the Agent may, in its discretion, defer delivery of any such waiver and consent agreement or subordination and consent agreement and establish a Reserve with respect to any Collateral located on any Real Estate for which the Agent has not received such acceptable waiver and consent agreement or subordination and consent agreement.
Landlord and Mortgagee Agreements. Agent shall have received landlord and mortgagee agreements with respect to all premises leased by Borrower (other than with respect to Borrower's leased premises located at 508- 00 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx and 000 Xxxx Xxxx Xxxxxx, Xxxxxxx, Xxxxxxxx and all premises owned by Borrower which are subject to a mortgage lien.
