Common use of Public Sales Not Possible Clause in Contracts

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Mezzanine) 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. As 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 2 contracts

Samples: Mezzanine Loan and Security Agreement (Toys R Us Inc), Mezzanine Loan and Security Agreement (Toys R Us Inc)

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Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a resultIn light of these considerations, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Mezzanine) 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: Mezzanine Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Mezzanine Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Second Mezzanine) 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. As 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 2 contracts

Samples: Mezzanine Loan and Security Agreement (Toys R Us Inc), Mezzanine Loan and Security Agreement (Toys R Us Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Third Mezzanine) 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. As 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 2 contracts

Samples: Mezzanine Loan and Security Agreement (Toys R Us Inc), Mezzanine Loan and Security Agreement (Toys R Us Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth First Mezzanine) 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. As 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 2 contracts

Samples: Mezzanine Loan and Security Agreement (Toys R Us Inc), Mezzanine Loan and Security Agreement (Toys R Us Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Second Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Second Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a result, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Second Mezzanine) 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: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth First Mezzanine) may prohibit public sales, that the Rate Cap Collateral (First Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a result, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (First Mezzanine) 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: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Fourth Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a resultIn light of these considerations, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Fourth Mezzanine) 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: Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Second Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Second Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a resultIn light of these considerations, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Second Mezzanine) 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: Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Second Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Second Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a result, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Second Mezzanine) 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: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Third Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Third Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a resultIn light of these considerations, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Third Mezzanine) 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: Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Third Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Third Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a result, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Third Mezzanine) 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: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Junior Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Junior Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a resultIn light of these considerations, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Junior Mezzanine) 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: Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Intermediate Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Intermediate Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a resultIn light of these considerations, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Intermediate Mezzanine) 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: Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

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Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Fourth Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a result, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Fourth Mezzanine) 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: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Mezzanine) may prohibit public sales, that the Interest Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a resultIn light of these considerations, Mezzanine Borrower agrees that private sales of the Interest 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: Mezzanine Loan and Security Agreement (Maguire Properties Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth First Mezzanine) may prohibit public sales, that the Rate Cap Collateral (First Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a resultIn light of these considerations, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (First Mezzanine) 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: Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Senior Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Senior Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a resultIn light of these considerations, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Senior Mezzanine) 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: Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Third Mezzanine) may prohibit public sales, that the Rate Cap Collateral (Third Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a result, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (Third Mezzanine) 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: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Mezzanine) may prohibit public sales, 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. As a resultIn light of these considerations, Mezzanine 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: Mezzanine Loan and Security Agreement (Digital Realty Trust, Inc.)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth First Mezzanine) may prohibit public sales, that the Rate Cap Collateral (First Mezzanine) may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a result, Mezzanine Borrower agrees that private sales of the Rate Cap Collateral (First Mezzanine) 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: Mezzanine Loan and Security Agreement (Station Casinos Inc)

Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Fourth Junior Tier Mezzanine) may prohibit public sales, that the Interest Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law. As a resultIn light of these considerations, Mezzanine Borrower agrees that private sales of the Interest 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: Junior Tier Mezzanine Loan and Security Agreement (Maguire Properties Inc)

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