Performance by Mezzanine Borrower. (a) Mezzanine Borrower shall in a timely manner observe, perform and fulfill in all material respects each and every covenant, term and provision of each Mezzanine Loan Document executed and delivered by, or applicable to, Mezzanine Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Mezzanine Loan Document executed and delivered by, or applicable to, Mezzanine Borrower, as applicable, without the prior written consent of Mezzanine Lender. (b) Mezzanine Borrower shall cause each Senior Mezzanine Borrower and Mortgage Borrower in a timely manner to observe, perform and fulfill each and every covenant, term and provision of each Senior Mezzanine Loan Document or Loan Document (Mortgage) executed and delivered by, or applicable to, each Senior Mezzanine Borrower or Mortgage Borrower. Mezzanine Borrower shall not suffer or permit any Senior Mezzanine Borrower or Mortgage Borrower to enter into any amendment, waiver, supplement, termination or other modification of any Senior Mezzanine Loan Document or Loan Document (Mortgage) executed and delivered by, or applicable to, any Senior Mezzanine Borrower or Mortgage Borrower without the prior written consent of Mezzanine Lender.
Appears in 3 contracts
Samples: Mezzanine Loan and Security Agreement (Toys R Us Inc), Mezzanine Loan and Security Agreement (Toys R Us Inc), Mezzanine Loan and Security Agreement (Toys R Us Inc)
Performance by Mezzanine Borrower. (a) Mezzanine Borrower shall in a timely manner observe, perform and fulfill in all material respects each and every covenant, term and provision of each Mezzanine Loan Document executed and delivered by, or applicable to, Mezzanine Borrower, Borrower and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Mezzanine Loan Document executed and delivered by, or applicable to, Mezzanine Borrower, as applicable, without the prior written consent of Mezzanine Lender.
(b) Mezzanine Borrower shall cause each Senior Mezzanine Borrower and Mortgage Borrower in a timely manner to observe, perform and fulfill each and every covenant, term and provision of each Senior Mezzanine Loan Document or Loan Document (Mortgage) executed and delivered by, or applicable to, each Senior Mezzanine Borrower or Mortgage Borrower. Mezzanine Borrower shall not suffer or permit any Senior Mezzanine Borrower or Mortgage Borrower to enter into any amendment, waiver, supplement, termination or other modification of any Senior Mezzanine Loan Document or Loan Document (Mortgage) executed and delivered by, or applicable to, any Senior Mezzanine Borrower or Mortgage Borrower without the prior written consent of Mezzanine Lender.
Appears in 3 contracts
Samples: Mezzanine Loan and Security Agreement (Toys R Us Inc), Mezzanine Loan and Security Agreement (Toys R Us Inc), Mezzanine Loan and Security Agreement (Toys R Us Inc)
Performance by Mezzanine Borrower. (a) Mezzanine Borrower shall in a timely manner observe, perform and fulfill in all material respects each and every covenant, term and provision of each Mezzanine Loan Document (Junior Mezzanine) executed and delivered by, or applicable to, Mezzanine Borrower, Borrower and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Mezzanine Loan Document (Junior Mezzanine) executed and delivered by, or applicable to, Mezzanine Borrower, as applicable, Borrower without the prior written consent of Mezzanine Lender.
(b) Mezzanine Borrower shall cause each Intermediate Mezzanine Borrower, Senior Mezzanine Borrower Borrower, and Mortgage Borrower in a timely manner to observe, perform and fulfill each and every covenant, term and provision of each the Intermediate Mezzanine Loan Documents, Senior Mezzanine Loan Document or Documents, and Loan Document Documents (Mortgage) ), as applicable, executed and delivered by, or applicable to, each Intermediate Mezzanine Borrower, Senior Mezzanine Borrower Borrower, or Mortgage Borrower. Mezzanine Borrower shall not suffer or permit any Senior Mezzanine Borrower or Mortgage Borrower to enter into any amendment, waiver, supplement, termination or other modification of any Senior Mezzanine Loan Document or Loan Document (Mortgage) executed and delivered by, or applicable to, any Senior Mezzanine Borrower or Mortgage Borrower without the prior written consent of Mezzanine Lender.
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)