Recording; Modification. The Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent of Lender.
Appears in 2 contracts
Samples: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD)
Recording; Modification. The A memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent of Lender.
Appears in 2 contracts
Samples: Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund Inc.)
Recording; Modification. The A memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There Except as described in the definition of “Ground Lease”, there have not been amendments or modifications to the terms of the Ground Lease since its recordation. Assuming compliance by Lender with Section 15.2 of the Ground Lease, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived modified without the prior written consent of Lender.
Appears in 2 contracts
Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)
Recording; Modification. The Ground Lease has been duly recorded. The Ground Lease permits the interest interests of Fee Borrower and Leasehold Borrower to be encumbered by a mortgage. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent of Lender.
Appears in 1 contract
Recording; Modification. The Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent of Lender.
Appears in 1 contract
Samples: Loan Agreement (Carter Validus Mission Critical REIT, Inc.)
Recording; Modification. The Ground Lease or a memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended modified without prior written notice given to Lender and Borrower’s rights under the Ground Lease may any such action without such prior written notice shall not be waived without the prior written consent of binding on Lender.
Appears in 1 contract
Recording; Modification. The Ground Lease or a memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded or in respect of which a memorandum has been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent of Lender.
Appears in 1 contract
Recording; Modification. The Ground Lease has been duly recorded. The , the Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There this Security Instrument or the lessor under the Ground Lease (the "GROUND Lessor") has approved and consented to the encumbrance of the Property by this Security Instrument and except as set forth on Schedule I, there have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recordedrecordation thereof. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent of Lender.
Appears in 1 contract
Recording; Modification. The A memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminatedterminated or surrendered, surrendered or amended and Borrower’s rights under none of the terms and provisions of the Ground Lease may not be waived modified, changed, supplemented, altered, amended or waived, without in each case the prior written consent of Lender, except in accordance with Article V.C of the Ground Lease.
Appears in 1 contract
Recording; Modification. The A memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgagethe Mortgages. There have not been amendments or modifications to the terms of the Ground Lease since its recordationthe recordation of such memorandum, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent of Lender, which consent may be withheld in Lender’s sole and absolute discretion.
Appears in 1 contract
Samples: Acquisition and Project Loan Agreement (KBS Strategic Opportunity REIT II, Inc.)
Recording; Modification. The A memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Mortgage Borrower to be encumbered by a mortgage. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent of Lender.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Black Creek Diversified Property Fund Inc.)
Recording; Modification. The A memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent of Lender.
Appears in 1 contract
Samples: Loan Agreement (Alexanders Inc)
Recording; Modification. The A memorandum of the Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered recorded or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent copies of which otherwise provided to Lender.
Appears in 1 contract
Recording; Modification. The Ground Lease has been duly recorded. The Ground Lease permits the interest of Ground Lease Borrower to be encumbered by a mortgagethe Mortgage and, except as provided for in Sections 3.1(i) and 5.6 of the Ground Lease, does not restrict the use of the Property by Ground Lease Borrower or its successors and assigns. There have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent of Lender.
Appears in 1 contract
Samples: Loan Agreement (Griffin Capital Essential Asset REIT, Inc.)
Recording; Modification. The A memorandum of each Ground Lease has been duly recorded. The Ground Lease permits the interest of Borrower to be encumbered by a mortgage. There Except as set forth on Schedule VIII, there have not been amendments or modifications to the terms of the Ground Lease since its recordation, with the exception of written instruments which have been recorded. The Ground Lease may not be canceled, terminated, surrendered or amended and Borrower’s rights under the Ground Lease may not be waived without the prior written consent of LenderAdministrative Agent.
Appears in 1 contract
Samples: Loan and Security Agreement (Morgans Hotel Group Co.)