Operation of Properties. Borrower shall not (i) modify, amend or terminate any material rights of way, easements, grants, privileges, leases, licenses or restrictive covenants which from time to time affect or pertain to the whole or any portion of a Property that may adversely affect the use or operation of such Property in any material manner, (ii) initiate, join in or consent to any private restrictive covenant, zoning ordinance or amendment thereto, or other public or private restrictions, materially limiting or materially adversely affecting the uses which may be made of any Property or any material part thereof, (iii) enter into, modify or amend any Lease for space located on any Property unless such Lease (or such modification or amendment thereof) is consistent with normal and prudent business practices pertaining to comparable leases of space in properties which are similar to the Property in question and is otherwise consistent with Borrower's usual business practices, and unless the rent payable thereunder and the other terms of such Lease (or such modification or amendment) are consistent with prevailing market conditions, (iv) modify, amend, terminate or enter into any operating agreement, partnership agreement, joint venture agreement, condominium agreement, ground lease or, except as otherwise provided herein, any property agreement relating to any Property, or (v) terminate any Lease for space located in any Property other than in accordance with normal and prudent business practices; provided, however, Borrower shall not terminate any Lease if such termination is likely to result in any ongoing material impairment of the value of any Property.
Appears in 9 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)