Public Sales Not Possible. Borrower acknowledges that the terms of the Interest Rate Cap Agreement may prohibit public sales, that the Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerations, Borrower agrees that private sales of the Rate Cap Collateral shall not be deemed to have been made in a commercially unreasonably manner by mere virtue of having been made privately.
Appears in 46 contracts
Samples: Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.)
Public Sales Not Possible. Borrower acknowledges that the terms of the Interest Rate Cap Agreement may prohibit public sales, that the Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerations, Borrower agrees that private sales of the Rate Cap Collateral under the Assignment of Interest Rate Cap Agreement shall not be deemed to have been made in a commercially unreasonably manner by mere virtue of having been made privately.
Appears in 11 contracts
Samples: Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine B Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine a Loan Agreement (Hospitality Investors Trust, Inc.)
Public Sales Not Possible. Borrower acknowledges The Borrowers acknowledge that the terms of the Interest Rate Cap Agreement may prohibit public sales, that the Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerations, Borrower agrees the Borrowers agree that private sales of the Rate Cap Collateral shall not be deemed to have been made in a commercially unreasonably unreasonable manner by mere virtue of having been made privately.
Appears in 9 contracts
Samples: Loan Agreement (Bluerock Homes Trust, Inc.), Loan Agreement (Bluerock Homes Trust, Inc.), Loan Agreement (Bluerock Residential Growth REIT, Inc.)
Public Sales Not Possible. Borrower acknowledges that the terms of the Interest Rate Cap Agreement may prohibit public sales, that the Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerationsAs a result, Borrower agrees that private sales of the Rate Cap Collateral shall not be deemed to have been made in a commercially unreasonably manner by mere virtue of having been made privately.
Appears in 3 contracts
Samples: Loan and Security Agreement (Toys R Us Inc), Credit Agreement (Toys R Us Inc), Loan and Security Agreement (Toys R Us Inc)
Public Sales Not Possible. Borrower acknowledges The Borrowers acknowledge that the terms of the Interest Rate Cap Agreement may prohibit public sales, that the Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerations, Borrower agrees the Borrowers agree that private sales of the Rate Cap Collateral shall not be deemed to have been made in a commercially unreasonably manner by mere virtue of having been made privately.
Appears in 2 contracts
Samples: Security Agreement (Hospitality Investors Trust, Inc.), Term Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
Public Sales Not Possible. Borrower acknowledges Borrowers acknowledge that the terms of the Interest Rate Cap Agreement may prohibit public sales, that the Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerations, Borrower agrees Borrowers agree that private sales of the Rate Cap Collateral shall not be deemed to have been made in a commercially unreasonably unreasonable manner by mere virtue of having been made privately.
Appears in 1 contract
Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)
Public Sales Not Possible. Borrower acknowledges that the terms of the Interest Rate Cap Protection Agreement may prohibit public sales, that the Rate Cap Protection Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerationsAs a result, Borrower agrees that private sales of the Rate Cap Protection Collateral shall not be deemed to have been made in a commercially unreasonably unreasonable manner by mere virtue of having been made privately.
Appears in 1 contract
Public Sales Not Possible. Borrower acknowledges that the terms of the Interest Rate Cap Protection Agreement may prohibit public sales, that the Rate Cap Protection Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerationsAs a result, Borrower agrees that private sales of the Rate Cap Protection Collateral shall not be deemed to have been made in a commercially unreasonably manner by mere virtue of having been made privately.
Appears in 1 contract
Public Sales Not Possible. The Borrower Representative acknowledges that the terms of the Interest Rate Cap Agreement may prohibit public sales, that the Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerations, the Borrower Representative agrees that private sales of the Rate Cap Collateral shall not be deemed to have been made in a commercially unreasonably unreasonable manner by mere virtue of having been made privately.. 118
Appears in 1 contract
Public Sales Not Possible. The Borrower acknowledges that the terms of the Interest Rate Cap Agreement Agreements may prohibit public sales, that the Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerations, the Borrower agrees that private sales of the Rate Cap Collateral shall not be deemed to have been made in a commercially unreasonably manner by mere virtue of having been made privately.
Appears in 1 contract
Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
Public Sales Not Possible. Borrower acknowledges that the terms of the Interest Rate Cap Agreement may prohibit public sales, that the Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerations, Borrower agrees that private sales of the Rate Cap Collateral shall not be 40 deemed to have been made in a commercially unreasonably manner by mere virtue of having been made privately.
Appears in 1 contract
Samples: Loan Agreement (Alexanders Inc)
Public Sales Not Possible. Borrower acknowledges that the terms of the Interest Rate Cap Agreement may prohibit public sales, that the Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. In light of these considerationsAs a result, Borrower agrees that private sales of the Rate Cap Collateral shall not be deemed to have been made in a commercially unreasonably manner by mere virtue of having been made privately.. Loan and Security Agreement
Appears in 1 contract
Samples: Loan and Security Agreement (Bloomin' Brands, Inc.)
