Modifications, Amendments, Etc. (a) Lender shall have the right without the consent of Subordinated Lender in each instance to enter into any amendment, deferral, extension, modification, increase, renewal, replacement, consolidation, supplement or waiver (collectively, a “Senior Loan Modification”) of the Loan or the Loan Documents provided that no such Senior Loan Modification shall (i) increase the interest rate or principal amount of the Loan, (ii) increase in any other material respect any monetary obligations of Borrower under the Loan Documents, (iii) extend or shorten the scheduled maturity date of the Loan (except that Lender may permit Borrower to exercise any extension options in accordance with the terms and provisions of the Loan Documents), (iv) convert or exchange the Loan into or for any other indebtedness or subordinate any of the Loan to any indebtedness of Borrower, (v) amend or modify the provisions limiting transfers of interests in the Borrower or the Project, (vi) cross default the Loan with any other indebtedness, (vii) obtain any contingent interest, additional interest or so-called “kicker” measured on the basis of the cash flow or appreciation of the Project, (or other similar equity participation), or (viii) extend the period during which voluntary prepayments are prohibited or during which prepayments require the payment of a prepayment fee or premium or yield maintenance charge or increase the amount of any such prepayment fee, premium or yield maintenance charge; provided, however, in no event shall Lender be obligated to obtain Subordinated Lender’s consent to a Senior Loan Modification in the case of a work-out or other surrender, compromise, release, renewal, or indulgence relating to the Loan during the existence of an Event of Default (as defined in the Loan Documents) under the Loan, except that under no conditions shall clause (i) (with respect to increase principal amount only), or clause (viii) be modified without the written consent of Subordinated Lender. In addition and notwithstanding the foregoing provisions of this Section 2, any amounts funded by the Lender under the Loan Documents as a result of (A) the making of any protective advances or other advances by the Lender, or (B) interest accruals or accretions and any compounding thereof (including default interest), shall not be deemed to contravene this Section 2.
Modifications, Amendments, Etc. (a) Senior Lender shall have the right without the consent of Subordinate Lender in each instance to enter into any amendment, deferral, extension, modification, increase, renewal, replacement, consolidation, supplement or waiver (collectively, a “Senior Loan Modification”) of the Senior Loan or the Senior Loan Documents provided that no such Senior Loan Modification shall (i) increase the interest rate or principal amount of the Senior Loan, (ii) increase in any other material respect any monetary obligations of Borrower under the Senior Loan Documents, (iii) extend or shorten the scheduled maturity date of the Senior Loan (except that Senior Lender may permit Borrower to exercise any extension options in accordance with the terms and provisions of the Senior Loan Documents), (iv) convert or exchange the Senior Loan into or for any other indebtedness or subordinate any of the Senior Loan to any indebtedness of Borrower, (v) amend or modify the provisions limiting transfers of interests in the Borrower or the Premises, (vi) modify or amend the terms and provisions of the Senior Loan Cash Management Agreement with respect to the manner, timing and method of the application of payments under the Senior Loan Documents, (vii) cross default the Senior Loan with any other indebtedness, (viii) consent to a higher strike price with respect to any new or extended interest rate cap agreement entered into in connection with an extended term of the Senior Loan,
Modifications, Amendments, Etc. No amendment or waiver of any provision of this Agreement, and no consent to any departure by Debtor here from, shall in any event be effective unless the same shall be in writing and signed by Administrative Lender, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
Modifications, Amendments, Etc. No amendment or waiver of any provision of this Agreement, and no consent to any departure by Pledgor herefrom, shall in any event be effective unless the same shall be in writing and signed by Administrative Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
Modifications, Amendments, Etc. No amendment or waiver of any provision of this Agreement, and no consent to any departure by the Debtor here from, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agent (and the Debtor, in case of amendment), and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
Modifications, Amendments, Etc. (a) The Administrative Agent and the Lenders shall have the right without the consent of the Noteholders in each instance to enter into any amendment, deferral, extension, modification, increase, renewal, replacement, consolidation, supplement or waiver (collectively, a "LOAN MODIFICATION") of the Loan or the Loan Agreement (or any agreement related thereto) provided that no such Loan Modification shall, without the prior written consent of the Noteholders, grant to the Administrative Agent or any Lender a security interest in any assets of the Company or any Subsidiary Guarantor.
Modifications, Amendments, Etc. 17 5.3. Continuing Security Interest............................. 17 5.4. GOVERNING LAW; TERMS..................................... 17 5.5.
Modifications, Amendments, Etc. 13 Section 5.3 CONTINUING SECURITY INTEREST . . . . . . . . . . . . . . .13 Section 5.4 GOVERNING LAW; TERMS . . . . . . . . . . . . . . . . . . .14 Section 5.5
Modifications, Amendments, Etc. (a) Each Senior Lender agrees that it shall not without the consent of Subordinate Lender and the other Senior Lender in each instance, enter into any amendment, deferral, extension, modification, increase, renewal, replacement, consolidation, supplement or waiver of its Senior Loan or its Senior Loan Documents.
Modifications, Amendments, Etc. 18 5.03. . . . . . . . . . . . . . . . . . . .CONTINUING SECURITY INTEREST 18 5.04. . . . . . . . . . . . . . . . . . . . . . . .GOVERNING LAW; TERMS 18 5.05. . . . . . . . . . . . . . . . . . . . . . . .WAIVER OF JURY TRIAL 18 5.06. . . . . . . . . . . . ADMINISTRATIVE LENDER'S RIGHT TO USE AGENTS 19 5.07. . . . . . . . . . . . . .NO INTERFERENCE, COMPENSATION OR EXPENSE 19 5.08. . . . . . . . . . . . . .WAIVERS OF RIGHTS INHIBITING ENFORCEMENT 19 5.09. . . . . . . . . . . . . . . . . . . . . . .NOTICES AND DELIVERIES 19 (a) MANNER OF DELIVERY . . . . . . . . . . . . . . . . . . 19 (b) ADDRESSES. . . . . . . . . . . . . . . . . . . . . 19 (c) EFFECTIVENESS . . . . . . . . . . . . . . . . . . . . 20
