Common use of Refinancing Clause in Contracts

Refinancing. Borrower shall not consent to or permit a refinancing of the Mortgage Loan (other than in connection with the simultaneous refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior consent of Administrative Agent, which consent may be given or withheld by Administrative Agent in its sole discretion.

Appears in 2 contracts

Samples: Loan Amendment (Vici Properties Inc.), Mezzanine Loan Agreement (Vici Properties Inc.)

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Refinancing. Borrower shall not consent to or permit a refinancing of the Mortgage Loan (other than in connection with the simultaneous refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior consent of Administrative AgentLender, which consent may unless the Loan shall be given or withheld by Administrative Agent paid in its sole discretionfull in connection with such refinancing and in accordance with this Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Refinancing. Borrower Borrowers shall not consent to or permit a refinancing of the Mortgage Loan (other than unless Borrowers obtain the prior consent of Lender, unless the Loan shall be paid in full in connection with the simultaneous such refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior consent of Administrative Agent, which consent may be given or withheld by Administrative Agent in its sole discretionthis Agreement.

Appears in 2 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.)

Refinancing. Borrower shall not consent to or permit a refinancing of the Mortgage Loan (other than in connection with the simultaneous refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior consent of Administrative AgentLender, which consent may be given or withheld by Administrative Agent in its Lender’s sole and absolute discretion.

Appears in 1 contract

Samples: Junior Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.)

Refinancing. Borrower shall not consent to or permit a refinancing of the Mortgage Loan (other than in connection with the simultaneous payoff or refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior consent of Administrative AgentLender, which consent may be given or withheld by Administrative Agent Lender in its sole discretion.

Appears in 1 contract

Samples: Senior Mezzanine Loan Agreement (Ashford Hospitality Prime, Inc.)

Refinancing. Borrower shall not consent to or permit a refinancing of any of the Mortgage Loan (other than in connection with the simultaneous refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), Loans unless it obtains the prior consent of Administrative AgentLender, which consent may unless the Loan shall be given or withheld by Administrative Agent paid in its sole discretionfull in connection with such refinancing and in accordance with this Agreement.

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Refinancing. Borrower shall not consent to or permit a refinancing of the Mortgage Loan (other than in connection with the simultaneous refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior written consent of Administrative AgentLender; provided, however, that Lender’s consent shall not be required with respect to a refinancing of the Mortgage Loan the proceeds of which consent may be given or withheld by Administrative Agent are sufficient to repay the Loan in its sole discretionfull (including the Prepayment Premium and Spread Maintenance Premium, if applicable).

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Refinancing. Borrower shall not consent to or permit a refinancing of the Mortgage Loan (other than in connection with the simultaneous refinancing or payment in full of the Loan, Loan in its entirety entirety, and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior written consent of Administrative AgentLender, which consent may be given or withheld by Administrative Agent Lender in its sole discretion.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (ESH Hospitality LLC)

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Refinancing. Borrower shall not consent to or permit a refinancing of the Mortgage Loan (other than in connection with the simultaneous refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior consent of Administrative AgentLender, which consent may be given or withheld by Administrative Agent in its sole discretionconnection with such refinancing, the Loan is repaid in full pursuant to and in accordance with the terms of this Agreement.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

Refinancing. Borrower shall not consent to or permit a refinancing of the Mortgage Loan (other than in connection with the simultaneous refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior consent of Administrative Agent, Lender which consent may be given or withheld by Administrative Agent in its Lender’s sole and absolute discretion.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.)

Refinancing. Borrower shall not consent to or permit a refinancing of the Mortgage Loan (other than in connection with the simultaneous refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior consent of Administrative Agent, which consent may be given Lender or withheld by Administrative Agent unless the Loan is simultaneously being refinanced or repaid in its sole discretionaccordance with the terms hereof.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Hersha Hospitality Trust)

Refinancing. Borrower shall not consent to or permit a refinancing of the Mortgage Loan (other than in connection with the simultaneous refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior consent of Administrative AgentLender, which consent may be given or withheld by Administrative Agent Lender in its sole discretion.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Strategic Hotels & Resorts, Inc)

Refinancing. Borrower shall not consent to or permit a refinancing of the Mortgage Loan (other than in connection with the simultaneous refinancing or payment in full of the Loan, in its entirety and in accordance with the terms and provisions of unless it also repays the Loan Documents and the Mortgage Loan Documents, respectively), unless it obtains the prior consent of Administrative AgentLender, which consent may be given or withheld by Administrative Agent Lender in its sole discretion.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Wyndham International Inc)

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