Landlord Waivers and Consents. The Borrowers shall have used commercially reasonable efforts to cause to be delivered to the Collateral Agent landlord waivers and consents, each in a form reasonably satisfactory to the Collateral Agent, from all landlords at all properties leased by any Loan Party;
Landlord Waivers and Consents. Subject to Section 2.1(c), (a) use its best efforts to promptly obtain and deliver to Agent within ninety (90) days following the opening of a new store location in a jurisdiction which grants a landlord a lien on the Collateral located on the leased premises senior or superior to the Lien of the Agent as a matter of law a Collateral Access Agreement by the landlord for such location of such Borrower and (b) promptly obtain and deliver to Agent a Collateral Access Agreement by the landlord of any leased distribution center of the Borrower.
Landlord Waivers and Consents. To the extent required by the ----------------------------- Administrative Agent, Landlord Waivers and Consents signed by each lessor of real property leased by the Borrower or any Restricted Subsidiary (including Atlanta and Dogwood), waiving such lessor's liens in and to the equipment or fixtures of the applicable Loan Party located on the leased premises and consenting to an assignment of the applicable lease to the Lenders or purchasers of the Lenders after an Event of Default.
Landlord Waivers and Consents. In the case of any Additional Mortgaged Property consisting of a Leasehold Property, (a) a Landlord Waiver and Consent with respect thereto and where required by the terms of any lease, the consent of the mortgagee, ground lessor or other party and (b) evidence that such Leasehold Property is a Recorded Leasehold Interest;
Landlord Waivers and Consents. Borrower shall use its best efforts to obtain such landlord waivers and consents, in form and substance satisfactory to Collateral Agent, as Collateral Agent may from time to time request pursuant to which each such landlord shall acknowledge Collateral Agent's and the Banks' senior security interest in all of Borrower's and its Subsidiaries' inventory stored at such locations, disclaim any interest in such inventory and agree to provide Collateral Agent on behalf of the Banks access to remove such inventory.
Landlord Waivers and Consents. The Loan Parties shall have delivered to Agent a Landlord Waiver and Consent for each property leased for the properties located in Conyers, Georgia, Xxxxx Xxxxx, Louisiana, Houston, Texas, Sand Springs, Oklahoma and San Leandro, California and for each other property lease, if any, for which the consent of the landlord is needed in connection with any change of control of the tenant, each in form and substance satisfactory to Purchaser.
Landlord Waivers and Consents. Furnish to Agent within five (5) calendar days after the end of each calendar month, commencing for the month ended May 31, 2004, a report specifying the aggregate fair market value of the Collateral located at all leased locations for which a Landlord Waiver and Consent has not been obtained, in form and substance acceptable to Agent in its Permitted Discretion.
Landlord Waivers and Consents. To the extent the Agent so requires, the Agent shall have received Landlord Waivers and Consents signed by each lessor of a Material Lease waiving such lessor's liens in and to the equipment or fixtures of the applicable Obligor located on the leased premises and consenting to an assignment of the applicable lease to the Lenders or purchasers of the Lenders after an Event of Default, in form and substance satisfactory to the Agent.
Landlord Waivers and Consents. Borrower shall use its best efforts to obtain such landlord waivers and consents, in form and substance satisfactory to Administrative Agent, as Administrative Agent may from time to time request pursuant to which each such landlord shall acknowledge Administrative Agent's and the Banks' senior security interest in all of Borrower's and its Subsidiaries' inventory stored at such locations, disclaim any interest in such inventory and agree to provide Administrative Agent on behalf of the Banks access to remove such inventory.
Landlord Waivers and Consents. Deliver to the Administrative Agent a landlord waiver/consent, or other appropriate waiver/consent, in form and substance reasonably satisfactory to the Administrative Agent from the owner/lessor of any premises not owned by Borrower or any Subsidiary (other than the premises listed in Section 8.1(a) (10) hereof) at which any of the Collateral is now or hereafter located for the purpose of perfecting the Administrative Agent's (on behalf of Lenders) Liens as first priority Liens in, and of providing access to, such Collateral. Notwithstanding the above, if, after using commercially reasonable efforts, Borrower is unable to provide a landlord consent to the Administrative Agent with respect to any applicable real Property, the Administrative Agent shall have the right, but not the obligation, at Borrower's reasonable cost and expense, to attempt to obtain such landlord consent from the applicable party and Borrower shall cooperate with the Administrative Agent in connection with any such attempt to obtain such landlord consent. If the Administrative Agent elects to attempt to obtain a landlord consent, Borrower shall be entitled to participate in any negotiations or other discussions between the Administrative Agent and the applicable landlord and, if the Administrative Agent (or its counsel) intends to deliver any written document (including correspondence and draft landlord consents) to any applicable landlord, the Administrative Agent shall provide Borrower a reasonable opportunity to review and comment on such written document prior to the delivery thereof to the applicable landlord. Notwithstanding the foregoing, the Administrative Agent shall not have the right to commence an action (or bring suit) against any landlord for delivery of a landlord consent without the consent of Borrower. As used in this Section 5.15, "commercially reasonable efforts" shall not require Borrower to commence suit against or pay any material sum or to deliver any other material consideration to any landlord refusing to provide an acceptable landlord consent.
