REA. Xxxxxxxx agrees that without the prior consent of Xxxxxx, Borrower shall not execute modifications to any REA if such modifications are reasonably expected to have an Individual Material Adverse Effect on the affected Individual Property. Without limiting the generality of the foregoing, Borrower shall not, without the prior written consent of Xxxxxx, take (and hereby assigns to Lender any right it may have to take) any action to terminate, surrender, or accept any termination or surrender of, any REA. Borrower shall pay all charges and other sums to be paid by Xxxxxxxx pursuant to the terms of any REA as the same shall become due and payable and prior to the expiration of any applicable grace period therein provided. Borrower shall comply, in all material respects, with all of the terms, covenants and conditions on Xxxxxxxx’s part to be complied with pursuant to terms of any REA. Borrower shall take all actions as may be necessary from time to time to preserve and maintain the REAs in accordance with applicable laws, rules and regulations. Borrower shall enforce, in a commercially reasonable manner, the obligations to be performed by the parties to the REA (other than Borrower). Borrower shall promptly furnish to Lender any notice of default delivered to Borrower in connection with any REA by any party to any such REA or any third party. Borrower shall not assign (other than to Lender) or encumber its rights under any REA (other than pursuant to any Permitted Encumbrance).
Appears in 2 contracts
Samples: Loan Agreement (Apartment Income REIT, L.P.), Loan Agreement (Apartment Income REIT, L.P.)
REA. Xxxxxxxx Borrower agrees that without the prior consent of XxxxxxLender, Borrower shall not execute modifications to any REA if such modifications are reasonably expected to will have an Individual Material Adverse Effect on the affected Individual Property. Without limiting the generality of the foregoing, Borrower shall not, without the prior written consent of XxxxxxLender, take (and hereby assigns to Lender any right it may have to take) any action to terminate, surrender, or accept any termination or surrender of, any REA. Borrower shall pay all charges and other sums to be paid by Xxxxxxxx Borrower pursuant to the terms of any REA as the same shall become due and payable and prior to the expiration of any applicable grace period therein provided. Borrower shall comply, in all material respects, with all of the terms, covenants and conditions on XxxxxxxxBorrower’s part to be complied with pursuant to terms of any REA. Borrower shall take all actions as may be necessary from time to time to preserve and maintain the REAs REA’s in accordance with applicable laws, rules and regulations. Borrower shall enforce, in a commercially reasonable reasonably manner, the obligations to be performed by the parties to the REA (other than Borrower). Borrower shall promptly furnish to Lender any notice of default or other communication delivered to Borrower in connection with any REA by any party to any such REA or any third partyparty other than routine correspondence and invoices. Borrower shall not assign (other than to Lender) or encumber its rights under any REA (other than pursuant to any Permitted Encumbrance)REA.
Appears in 2 contracts
Samples: Loan Agreement (Brixmor Property Group Inc.), Loan Agreement (Brixmor Property Group Inc.)
REA. Xxxxxxxx Borrower agrees that without the prior consent of XxxxxxAdministrative Agent, Borrower shall not execute modifications to any REA if such modifications are reasonably expected to will have an Individual Material Adverse Effect on the affected Individual Property. Without limiting the generality of the foregoing, Borrower shall not, without the prior written consent of XxxxxxAdministrative Agent, take (and hereby assigns to Lender Administrative Agent any right it may have to take) any action to terminate, surrender, or accept any termination or surrender of, any REA. Unless approved, consented to or waived in writing by Administrative Agent, Borrower shall pay all charges and other sums to be paid by Xxxxxxxx Borrower pursuant to the terms of any REA as the same shall become due and payable and prior to the expiration of any applicable grace period therein provided. Unless approved, consented to or waived in writing by Administrative Agent, Borrower shall comply, in all material respects, with all of the terms, covenants and conditions on XxxxxxxxBorrower’s part to be complied with pursuant to terms of any REA. Borrower shall take all actions as may be necessary from time to time to preserve and maintain the REAs in accordance with applicable laws, rules and regulations. Borrower shall enforce, in a commercially reasonable reasonably manner, the obligations to be performed by the parties to the REA (other than Borrower). Borrower shall promptly furnish to Lender Administrative Agent any notice of material default delivered to Borrower in connection with any REA by any party to any such REA or any third partyparty other than routine correspondence and invoices. Borrower shall not assign (other than to LenderAdministrative Agent) or encumber its rights under any REA (other than pursuant to any Permitted Encumbrance)REA.
Appears in 2 contracts
Samples: Loan Agreement (Excel Trust, L.P.), Loan Agreement (Excel Trust, L.P.)
REA. Xxxxxxxx agrees that without the prior consent of XxxxxxAdministrative Agent, Borrower Xxxxxxxx shall not execute modifications to any REA if such modifications are reasonably expected to have an Individual Material Adverse Effect on the affected Individual Property. Without limiting the generality of the foregoing, Borrower shall not, without the prior written consent of XxxxxxAdministrative Agent, take (and hereby assigns to Lender Administrative Agent for the benefit of Lenders) any right it may have to take) any action to terminate, surrender, or accept any termination or surrender of, any REA. Borrower shall pay all charges and other sums to be paid by Xxxxxxxx pursuant to the terms of any REA as the same shall become due and payable and prior to the expiration of any applicable grace period therein provided. Borrower shall comply, in all material respects, with all of the terms, covenants and conditions on Xxxxxxxx’s part to be complied with pursuant to terms of any REA. Borrower shall take all actions as may be necessary from time to time to preserve and maintain the REAs in accordance with applicable laws, rules and regulations. Borrower shall enforce, in a commercially reasonable manner, the obligations to be performed by the parties to the REA (other than Borrower). Borrower shall promptly furnish to Lender Administrative Agent any notice of default delivered to Borrower in connection with any REA by any party to any such REA or any third party. Borrower shall not assign (other than to Administrative Agent for the benefit of Lender) or encumber its rights under any REA (other than pursuant to any Permitted Encumbrance).
Appears in 1 contract
REA. Xxxxxxxx Borrower agrees that without the prior consent of XxxxxxLender, Borrower shall not execute modifications to any REA if such modifications are reasonably expected to will have an Individual a Material Adverse Effect on the affected Individual PropertyEffect. Without limiting the generality of the foregoing, Borrower shall not, without the prior written consent of XxxxxxLender, take (and hereby assigns to Lender any right it may have to take) any action to terminate, surrender, or accept any termination or surrender of, any REA. Borrower shall pay all charges and other sums to be paid by Xxxxxxxx Borrower pursuant to the terms of any REA as the same shall become due and payable and prior to the expiration of any applicable grace period therein provided. Borrower shall comply, in all material respects, with all of the terms, covenants and conditions on XxxxxxxxBorrower’s part to be complied with pursuant to terms of any REA. Borrower shall take all actions as may be necessary from time to time to preserve and maintain the REAs REA’s in accordance with applicable laws, rules and regulations. Borrower shall enforce, in a commercially reasonable reasonably manner, the obligations to be performed by the parties to the REA (other than Borrower). Borrower shall promptly furnish to Lender any notice of default or other communication delivered to Borrower in connection with any REA by any party to any such REA or any third partyparty other than routine correspondence and invoices. Borrower shall not assign (other than to Lender) or encumber its rights under any REA (other than pursuant to any Permitted Encumbrance)REA.
Appears in 1 contract
REA. Xxxxxxxx Borrower agrees that without the prior consent of XxxxxxLender, Borrower shall not execute modifications to any REA if such modifications are reasonably expected to will have an Individual Material Adverse Effect on the affected Individual Property. Without limiting the generality of the foregoing, Borrower shall not, without the prior written consent of XxxxxxLender, take (and hereby assigns to Lender any right it may have to take) any action to terminate, surrender, or accept any termination or surrender of, any REA. Borrower shall pay all charges and other sums to be paid by Xxxxxxxx Borrower pursuant to the terms of any REA as the same shall become due and payable and prior to the expiration of any applicable grace period therein provided. Borrower shall comply, in all material respects, with all of the terms, covenants and conditions on XxxxxxxxBorrower’s part to be complied with pursuant to terms of any REA. Borrower shall take all actions as may be necessary from time to time to preserve and maintain the REAs REA’ s in accordance with applicable laws, rules and regulations. Borrower shall enforce, in a commercially reasonable reasonably manner, the obligations to be performed by the parties to the REA (other than Borrower). Borrower shall promptly furnish to Lender any notice of default or other communication delivered to Borrower in connection with any REA by any party to any such REA or any third partyparty other than routine correspondence and invoices. Borrower shall not assign (other than to Lender) or encumber its rights under any REA (other than pursuant to any Permitted Encumbrance)REA.
Appears in 1 contract
Samples: Senior Mezzanine Loan Agreement (Brixmor Property Group Inc.)