Common use of Performance by Borrowers Clause in Contracts

Performance by Borrowers. (a) Borrowers shall, in a timely manner and in all material respects, observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, any Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, any Borrower without the prior consent of Lender. (b) Except for changes to the Mortgage Loan Documents that Mortgage Borrowers are obligated to enter into pursuant to the terms of the Mortgage Loan Documents, Borrowers shall not from and after the date hereof cause or permit Mortgage Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Mortgage Loan Document executed and delivered by, or applicable to, Mortgage Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Mortgage Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Mortgage Loan Documents within five (5) days after the execution thereof. (c) Borrowers shall not cause or permit First Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any First Mezzanine Loan Document executed and delivered by, or applicable to, First Mezzanine Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause First Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the First Mezzanine Loan Documents within five (5) days after the execution thereof. (d) Borrowers shall not cause or permit Second Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Second Mezzanine Loan Document executed and delivered by, or applicable to, Second Mezzanine Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Second Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Second Mezzanine Loan Documents within five (5) days after the execution thereof. (e) Borrowers shall not, and shall not permit any other Loan Party to, (i) amend or modify the organizational documents of such Loan Party in any respect without Lender’s prior written consent, or (ii) take any action that would cause the membership interests of any other Loan Party to cease to constitute “certificated securities” (as defined in the Uniform Commercial Code of the States of New York and Delaware) without Lender’s prior written consent.

Performance by Borrowers. (a) Borrowers shall, in a timely manner and in all material respects, observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, any Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, any Borrower without the prior consent of Lender. (b) Except for changes to the Mortgage Loan Documents that Mortgage Borrowers are obligated to enter into pursuant to the terms of the Mortgage Loan Documents, Borrowers shall not from and after the date hereof cause or permit Mortgage Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Mortgage Loan Document executed and delivered by, or applicable to, Mortgage Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Mortgage Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Mortgage Loan Documents within five (5) days after the execution thereof. (c) Borrowers shall not cause or permit First Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any First Mezzanine Loan Document executed and delivered by, or applicable to, First Mezzanine Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause First Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the First Mezzanine Loan Documents within five (5) days after the execution thereof. (d) Borrowers shall not cause or permit Second Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Second Mezzanine Loan Document executed and delivered by, or applicable to, Second Mezzanine Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Second Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Second Mezzanine Loan Documents within five (5) days after the execution thereof. (e) Borrowers shall not, and shall not permit any other Loan Party to, (i) amend or modify the organizational documents of such Loan Party in any respect without Lender’s prior written consent, or (ii) take any action that would cause the membership interests of any other Loan Party to cease to constitute “certificated securities” (as defined in the Uniform Commercial Code of the States of New York and Delaware) without Lender’s prior written consent.

Performance by Borrowers. (a) Borrowers shall, in a timely manner and in all material respects, observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, any Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, any Borrower without the prior consent of Lender. (b) Except for changes to the Mortgage Loan Documents that Mortgage Borrowers are obligated to enter into pursuant to the terms of the Mortgage Loan Documents, Borrowers shall not from and after the date hereof cause or permit Mortgage Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Mortgage Loan Document executed and delivered by, or applicable to, Mortgage Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Mortgage Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Mortgage Loan Documents within five (5) days after the execution thereof. (c) Borrowers shall not cause or permit First Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any First Mezzanine Loan Document executed and delivered by, or applicable to, First Mezzanine Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause First Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the First Mezzanine Loan Documents within five (5) days after the execution thereof. (d) Borrowers shall not cause or permit Second Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Second Mezzanine Loan Document executed and delivered by, or applicable to, Second Mezzanine Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Second Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Second Mezzanine Loan Documents within five (5) days after the execution thereof. (e) Borrowers shall not, and shall not permit any other Loan Party to, (i) amend or modify the organizational documents of such Loan Party in any respect without Lender’s prior written consent, or (ii) take any action that would cause the membership interests of any other Loan Party to cease to constitute “certificated securities” (as defined in the Uniform Commercial Code of the States of New York and Delaware) without Lender’s prior written consent.

Performance by Borrowers. (a) Borrowers shall, in a timely manner and in all material respects, observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, any Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, any Borrower without the prior consent of Lender. (b) Except for changes to the Mortgage Loan Documents that Mortgage Borrowers are obligated to enter into pursuant to the terms of the Mortgage Loan Documents, Borrowers shall not from and after the date hereof cause or permit Mortgage Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Mortgage Loan Document executed and delivered by, or applicable to, Mortgage Borrowers as of the Closing Date without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Mortgage Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Mortgage Loan Documents within five (5) days after the execution thereof. (c) Borrowers shall not cause or permit First Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any First Mezzanine Loan Document executed and delivered by, or applicable to, First Mezzanine Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause First Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the First Mezzanine Loan Documents within five (5) days after the execution thereof. (d) Borrowers shall not cause or permit Second Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Second Mezzanine Loan Document executed and delivered by, or applicable to, Second Mezzanine Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Second Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Second Mezzanine Loan Documents within five (5) days after the execution thereof. (e) Borrowers shall not, and shall not permit any other Loan Party to, (i) amend or modify the organizational documents of such Loan Party in any respect without Lender’s prior written consent, or (ii) take any action that would cause the membership interests of any other Loan Party to cease to constitute “certificated securities” (as defined in the Uniform Commercial Code of the States of New York and Delaware) without Lender’s prior written consent.

Performance by Borrowers. (a) Borrowers shall, in a timely manner and in all material respects, observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, any Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, any Borrower without the prior consent of Lender. (b) Except for changes to the Mortgage Loan Documents that Mortgage Borrowers are obligated to enter into pursuant to the terms of the Mortgage Loan Documents, Borrowers shall not from and after the date hereof cause or permit Mortgage Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Mortgage Loan Document executed and delivered by, or applicable to, Mortgage Borrowers as of the Closing Date without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Mortgage Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Mortgage Loan Documents within five (5) days after the execution thereof. (c) Borrowers shall not cause or permit First Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any First Mezzanine Loan Document executed and delivered by, or applicable to, First Mezzanine Borrowers as of the Closing Date without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause First Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the First Mezzanine Loan Documents within five (5) days after the execution thereof. (d) Borrowers shall not cause or permit Second Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Second Mezzanine Loan Document executed and delivered by, or applicable to, Second Mezzanine Borrowers as of the Closing Date without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Second Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Second Mezzanine Loan Documents within five (5) days after the execution thereof. (e) Borrowers shall not, and shall not permit any other Loan Party to, (i) amend or modify the organizational documents of such Loan Party in any respect without Lender’s prior written consent, or (ii) take any action that would cause the membership interests of any other Loan Party to cease to constitute “certificated securities” (as defined in the Uniform Commercial Code of the States of New York and Delaware) without Lender’s prior written consent.

Performance by Borrowers. (a) Borrowers shall, in a timely manner and in all material respects, observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, any Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, any Borrower without the prior consent of Lender. (b) Except for changes to the Mortgage Loan Documents that Mortgage Borrowers are obligated to enter into pursuant to the terms of the Mortgage Loan Documents, Borrowers shall not from and after the date hereof cause or permit Mortgage Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Mortgage Loan Document executed and delivered by, or applicable to, Mortgage Borrowers as of the Closing Date without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Mortgage Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Mortgage Loan Documents within five (5) days after the execution thereof. (c) Borrowers shall not cause or permit First Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any First Mezzanine Loan Document executed and delivered by, or applicable to, First Mezzanine Borrowers as of the Closing Date without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause First Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the First Mezzanine Loan Documents within five (5) days after the execution thereof. (d) Borrowers shall not cause or permit Second Mezzanine Borrowers to enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Second Mezzanine Loan Document executed and delivered by, or applicable to, Second Mezzanine Borrowers without the prior written consent of Lender which consent shall not be unreasonably withheld, conditioned or delayed. Borrowers shall cause Second Mezzanine Borrowers to provide Lender with a copy of any amendment, waiver, supplement, termination or other modification to the Second Mezzanine Loan Documents within five (5) days after the execution thereof. (e) Borrowers shall not, and shall not permit any other Loan Party to, (i) amend or modify the organizational documents of such Loan Party in any respect without Lender’s prior written consent, or (ii) take any action that would cause the membership interests of any other Loan Party to cease to constitute “certificated securities” (as defined in the Uniform Commercial Code of the States of New York and Delaware) without Lender’s prior written consent.