Common use of REPRESENTATIONS AND COVENANTS WITH RESPECT TO THE OWNER AGREEMENT Clause in Contracts

REPRESENTATIONS AND COVENANTS WITH RESPECT TO THE OWNER AGREEMENT. (a) The Owner Agreement shall not be amended or modified or terminated without the prior written approval of Lender; provided however, that Manager, Affiliated Guarantor and Operating Lessee may without Lender’s approval agree to non-material modifications or amendments to the Owner Agreement which do not materially alter the obligations or rights of Affiliated Guarantor thereunder. (b) Affiliated Guarantor absolutely, presently and unconditionally grants, assigns and transfers to Lender all of Affiliated Guarantor’s right, title, interest and estate in, to and under the Owner Agreement; provided, however that Lender acknowledges and agrees that it will not exercise its rights prior to an Event of Default by Affiliated Guarantor hereunder. (c) The Owner Agreement shall be and remain subject and subordinate to this Mortgage and shall be terminated and of no further force and effect upon a foreclosure of the Property by Lender or the acceptance of a deed in lieu of foreclosure.

REPRESENTATIONS AND COVENANTS WITH RESPECT TO THE OWNER AGREEMENT. (a) The Owner Agreement shall not be amended or modified or terminated without the prior written approval of Lender; provided however, that Manager, Affiliated Guarantor Borrower and Operating Lessee may without Lender’s approval agree to non-material modifications or amendments to the Owner Agreement which do not materially alter the obligations or rights of Affiliated Guarantor Borrower thereunder. (b) Affiliated Guarantor Borrower absolutely, presently and unconditionally grants, assigns and transfers to Lender all of Affiliated GuarantorBorrower’s right, title, interest and estate in, to and under the Owner Agreement; provided, however that Lender acknowledges and agrees that it will not exercise its rights prior to an Event of Default by Affiliated Guarantor Borrower hereunder. (c) The Owner Agreement shall be and remain subject and subordinate to this Mortgage and shall be terminated and of no further force and effect upon a foreclosure of the Property by Lender or the acceptance of a deed in lieu of foreclosure.

REPRESENTATIONS AND COVENANTS WITH RESPECT TO THE OWNER AGREEMENT. (a) The Owner Agreement shall not be amended or modified or terminated without the prior written approval of LenderBeneficiary; provided however, that Manager, Affiliated Guarantor and Operating Lessee may without LenderBeneficiary’s approval agree to non-material modifications or amendments to the Owner Agreement which do not materially alter the obligations or rights of Affiliated Guarantor thereunder. (b) Affiliated Guarantor absolutely, presently and unconditionally grants, assigns and transfers to Lender Beneficiary all of Affiliated Guarantor’s right, title, interest and estate in, to and under the Owner Agreement; provided, however that Lender Beneficiary acknowledges and agrees that it will not exercise its rights prior to an Event of Default by Affiliated Guarantor hereunder. (c) The Owner Agreement shall be and remain subject and subordinate to this Mortgage Deed of Trust and shall be terminated and of no further force and effect upon a foreclosure of the Property by Lender Beneficiary or the acceptance of a deed in lieu of foreclosure.

REPRESENTATIONS AND COVENANTS WITH RESPECT TO THE OWNER AGREEMENT. (a) The Owner Agreement shall not be amended or modified or terminated without the prior written approval of LenderBeneficiary; provided however, that Manager, Affiliated Guarantor Trustor and Operating Lessee may without LenderBeneficiary’s approval agree to non-material modifications or amendments to the Owner Agreement which do not materially alter the obligations or rights of Affiliated Guarantor Trustor thereunder. (b) Affiliated Guarantor Trustor absolutely, presently and unconditionally grants, assigns and transfers to Lender Beneficiary all of Affiliated GuarantorTrustor’s right, title, interest and estate in, to and under the Owner Agreement; provided, however that Lender Beneficiary acknowledges and agrees that it will not exercise its rights prior to an Event of Default by Affiliated Guarantor Trustor hereunder. (c) The Owner Agreement shall be and remain subject and subordinate to this Mortgage Deed of Trust and shall be terminated and of no further force and effect upon a foreclosure of the Property by Lender Beneficiary or the acceptance of a deed in lieu of foreclosure.