Common use of Modification of Permitted Encumbrances Clause in Contracts

Modification of Permitted Encumbrances. No Borrower will modify, waive in any material respect or release any Easements, restrictive covenants or other Permitted Encumbrances, or suffer, consent to or permit the foregoing, without Lender’s prior written consent, if such modification, waiver or release is reasonably likely to materially and adversely affect (i) the ability of any Borrower to pay any of its obligations to any Person as and when due, (ii) the marketability of title to any Property, (iii) the value (including the Net Cash Flow) of any Property, or (iv) the use or operation of any Property.

Modification of Permitted Encumbrances. No Borrower will modify, waive in any material respect or release any Easements, restrictive covenants or other Permitted Encumbrances, or suffer, consent to or permit the foregoing, without Lender’s prior written consent, if such modification, waiver or release is reasonably likely to materially and adversely affect (i) the ability of any Borrower to pay any of its obligations to any Person as and when due, (ii) the marketability of title to any Property, (iii) the value (including the Net Cash Flow) of any Property, or (iv) the use or operation of any Property.. Pool 2