Modifications and Substitutions Sample Clauses

Modifications and Substitutions. (a) Borrower will not make any material alterations, modifications or additions to the Property which cannot be removed without materially damaging the functional capabilities or economic value of the Property. Upon return of the Property to Lender and at the request of Lender, Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Property as necessary to return the Property to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this Section, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the Property, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower's obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Property as so modified or substituted.

Modifications and Substitutions. (a) Borrower shall not without the prior written consent of Lender make any material alterations, modifications, additions, substitutions, subtractions or improvements to the Equipment which cannot be removed without materially damaging the functional capabilities or economic value of the Equipment. In the event in the exercise of the Lender’s remedies the Equipment is taken by Lender, Borrower, at its sole cost and expense, and at the request of Lender, will remove all alterations, modifications and additions and repair the Equipment as necessary to return the Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this Section, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the Equipment, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions made pursuant to Borrower’s obligations to make repairs referenced under Section 8.1 or 9.1 hereof shall not require such prior written consent. Borrower shall make any such permitted substitutions using only parts, elements, equipment or other material of equal quality to those contained in the Equipment as originally delivered to Borrower by the Vendor thereof. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm Xxxxxx’s security interest in the Equipment as so modified or substituted.

Modifications and Substitutions. (a) Borrower will not make any material alterations, modifications or additions to the Equipment which cannot be removed without materially damaging the functional capabilities or economic value of the Equipment. Upon delivery of the Equipment to Lender pursuant to Section 11.03 hereof and at the request of Lender, Borrower, at its sole cost and expense, will remove all alterations, modifications and additions and repair the Equipment as necessary to return the Equipment to the condition in which it was furnished, ordinary wear and tear and permitted modifications excepted. (b) Notwithstanding the provisions of subparagraph (a) of this section, Borrower may, with the prior written consent of Lender, substitute for parts, elements, portions or all of the Equipment, other parts, elements, portions, equipment or facilities; provided, however, that any substitutions that are not material or are made pursuant to Borrower's obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Equipment as so modified or substituted.

Modifications and Substitutions. Borrower shall not make any material alterations, modifications or additions to, or substitutions of, the Plans, the Budget, the Project Schedule, or the Collateral without the prior written consent of Lender; provided, however, that any substitutions of Collateral made pursuant to Borrower's obligations to make repairs and replacements referenced under any provision of this Agreement or to dispose of Collateral that has reached the end of its useful life shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the lien in favor of Lender on the Collateral as so altered, modified or substituted.

Modifications and Substitutions. Lessee will not make any material alterations, modifications or additions to the Project or the Property without the prior written consent of Bondholder unless required pursuant to Section 7.06 hereof. Lessee shall provide such documents or assurances as Bondholder may reasonably request to maintain or confirm the security interest assigned to Bondholder in the Project and the Property as so modified or substituted.

Modifications and Substitutions. Borrower will not make any material alterations, modifications, substitutions or additions to the Property, without the prior written consent of Lender (which consent shall not be unreasonably withheld, delayed or conditioned if such alteration, modification, substitution or addition does not materially and adversely affect the value, operation or utility of the Property); provided, however, that any substitutions made pursuant to Borrower’s obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrower shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the security interest assigned to Lender in the Property as so modified or substituted.

Modifications and Substitutions. 11 Section 6.08. Use of the Equipment . . . . . . . . . . . . . . . . . 11 ARTICLE VII: DAMAGE AND DESTRUCTION; USE OF NET PROCEEDS Section 7.01. Damages and Destruction; Use of Net Proceeds . . . . . 11

Modifications and Substitutions. 32 Section 8.09. Use of the Equipment.................................................33

Modifications and Substitutions. Except for the enclosure of the 30,000 square foot portion of the Property located in California as previously disclosed to Lender, no Borrower shall make any material alterations, modifications or additions to, or substitutions of, the Real Estate Collateral without the prior written consent of Lender (such consent not to be unreasonably withheld or delayed); provided, however, that any substitutions made pursuant to Borrowers’ obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrowers shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the lien in favor of Lender on the Real Estate Collateral as so altered, modified or substituted.

Modifications and Substitutions. Except for the improvements to the Property located in Pennsylvania as previously disclosed to Lender, neither Borrower shall make any material alterations, modifications or additions to, or substitutions of, the Real Estate Collateral without the prior written consent of Lender (such consent not to be unreasonably withheld or delayed); provided, however, that any substitutions made pursuant to Borrowers’ obligations to make repairs referenced under any provision of this Agreement shall not require such prior written consent. Borrowers shall provide such documents or assurances as Lender may reasonably request to maintain or confirm the lien in favor of Lender on the Real Estate Collateral as so altered, modified or substituted.