Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (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. In 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 (First 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. In light of these considerationsAs a result, 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 (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 (Third 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. In light of these considerationsAs a result, 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 (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 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. In light of these considerationsAs a result, 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 (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 (Second 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. In light of these considerationsAs a result, 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 (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 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. In 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 (Junior Tier Mezzanine) may prohibit public sales, that the Interest Rate Cap Collateral (Mezzanine) 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, Mezzanine Borrower agrees that private sales of the Interest 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 1 contract
Samples: Junior Tier Mezzanine Loan and Security Agreement (Maguire Properties Inc)
Public Sales Not Possible. Mezzanine Borrower acknowledges that the terms of the Interest Rate Cap Agreement (Mezzanine) may prohibit public sales, 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. In 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 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 (Mezzanine) may prohibit public sales, that the Interest Rate Cap Collateral (Mezzanine) 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, Mezzanine Borrower agrees that private sales of the Interest 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 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 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. In light of these considerationsAs 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)