REAs. Mezzanine Lender shall have received copies of all of the REAs to which Mezzanine Borrower or its Affiliates is a party or is bound;
REAs. Without the prior consent of Mezzanine Lender, which shall not be unreasonably withheld, delayed or conditioned, Mezzanine Borrower shall not permit Mortgage Borrower to execute modifications to the REAs;
REAs. No Borrower shall act or neglect to act in such a manner as to be considered a material default under any REA. Each Borrower agrees that, without the prior written consent of Lender, such Borrower shall not execute any modification to any REA if such modification will have a material adverse effect on the use, operation or value (including the Net Cash Flow) of any Property, taken as a whole, or the ability of Borrowers to pay or perform any of the Obligations.
REAs. Each of the REAs listed in the Title Insurance Policies is in full force and effect and neither the Borrower that is a party thereto nor, to Borrowers’ knowledge, any other party thereto is in default thereunder, and to the best of Borrowers’ knowledge, there are no conditions which, with the passage of time or the giving of notice, or both, would constitute a default thereunder. Except as set forth in the Title Insurance Policies, no Borrower has modified, amended or supplemented any REA listed in the Title Insurance Policies and, to Borrowers’ knowledge, no predecessor in interest to any Borrower has modified, amended or supplemented any REA listed in the Title Insurance Policies.
REAs. Neither Borrower nor, to Borrower’s knowledge, any other party thereto, is in material default under any REA. Borrower has obtained all necessary approvals and consents from all other parties to each REA to the extent such approval or consent is necessary to encumber the Properties.
REAs. The REAs affecting the Project are currently in full force and effect. Each of Original Borrower and Original Property Owner is unaware of any uncured default under any of the REAs by any party thereto and all sums payable by Original Property Owner under the REAs have been paid in full.
REAs. Xxxxxx agrees that this Lease and the rights of Tenant hereunder are subject and subordinate to any reciprocal access or easement agreements whether now or in the future affecting the Project (the "REAs"); provided, -------- however, any future REAs shall not materially adversely affect any specific -------- rights granted to Tenant hereunder with respect to parking or access.
REAs. Lender shall have received copies of all of the REAs to which Borrower or its Affiliates is a party or is bound.
REAs. With respect to each REA, at the Closing, Transferor shall assign all of its rights and remedies under the REA to the applicable Property Owning Entity and such Property Owning Entity shall assume the obligations of Transferor with respect thereto, pursuant to an assignment of REA in the form of Exhibit “J” attached hereto (collectively, the “Assignments of REAs”).
REAs. Transferor has delivered to Transferee a true, correct and complete copy of each reciprocal easement agreement, two-party agreement, operating or other similar agreement encumbering any Property (each, a “REA” and, collectively, the “REAs”), including all amendments and modifications thereto, all of which are identified on Schedule 8.18 attached hereto. Transferor has paid and/or received (or will pay and/or receive prior to Closing) all payments due, if any, under each REA prior to Closing. Transferor has not received any written notice alleging that Transferor or any other party is in default under any REA, or that there is any event which with the giving of notice or passage of time, or both, would constitute a default thereunder. Transferor has not, directly or indirectly, voluntarily or involuntarily, by operation of law or otherwise, assigned, transferred, encumbered, hypothecated, pledged or granted a security interest in any REA or Transferor’s interest therein.
