Common use of Public Sales Not Possible Clause in Contracts

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.)

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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 Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine 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 4 contracts

Samples: Loan and Security Agreement (Bloomin' Brands, Inc.), Loan and Security 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: Term Loan Agreement (Hospitality Investors Trust, Inc.), Term Loan Agreement (American Realty Capital Hospitality 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 manner by mere virtue of having been made privately.

Appears in 1 contract

Samples: Loan and Security Agreement (Station Casinos 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)

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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.

Appears in 1 contract

Samples: Loan Agreement (Starwood Waypoint Homes)

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

Samples: Loan and Security Agreement (Station Casinos 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. 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.)

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