Common use of Request for Agent Action Clause in Contracts

Request for Agent Action. Agent and the Lenders acknowledge that in the ordinary course of business of the Borrower, (a) Borrower and Guarantors will enter into leases or rental agreements covering Mortgaged Properties that may require the execution of a Subordination, Attornment and Non-Disturbance Agreement in favor of the tenant thereunder, (b) a Mortgaged Property may be subject to a Taking, (c) Borrower or a Guarantor may desire to enter into easements or other agreements affecting the Mortgaged Properties, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, Leases) which similarly require the consent, approval or agreement of the Agent. In connection with the foregoing, the Lenders hereby expressly authorize the Agent to (w) execute and deliver to the Borrower and the Guarantors Subordination, Attornment and Non-Disturbance Agreements with any tenant under a Lease upon such terms as Agent in its good faith judgment determines are appropriate (Agent in the exercise of its good faith judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease to control over the applicable provisions of the Loan Documents), (x) execute releases of liens in connection with any Taking, (y) execute consents or subordinations in form and substance satisfactory to Agent in connection with any easements or agreements affecting the Mortgaged Property, or (z) execute consents, approvals, or other agreements in form and substance satisfactory to the Agent in connection with such other actions or agreements as may be necessary in the ordinary course of Borrower’s business.

Request for Agent Action. Administrative Agent and the Lenders acknowledge that in the event that Administrative Agent is the beneficiary of a Mortgage, (a) in the ordinary course of business of the BorrowerBorrowers, (a) Borrower and Guarantors Borrowers will enter into leases or rental agreements covering Mortgaged Collateral Properties that may require the execution of a Subordinationsubordination, Attornment attornment and Nonnon-Disturbance Agreement disturbance agreement in favor of the tenant thereunder, (b) a Mortgaged Property in the ordinary course of business of Borrowers, Real Estate may be subject to a Taking, or (c) in the ordinary course of business of Borrowers, any Borrower or a Guarantor may desire to enter into easements or other agreements affecting the Mortgaged Collateral Properties, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, including Leases) which similarly require the consent, approval or agreement of the Administrative Agent. In connection with the foregoing, the Lenders hereby expressly authorize the Administrative Agent to (w) execute and deliver to the Borrower Borrowers subordination, attornment and the Guarantors Subordination, Attornment and Nonnon-Disturbance Agreements disturbance agreements with any tenant under a Lease upon such terms as Administrative Agent in its good faith judgment determines are appropriate (Administrative Agent in the exercise of its good faith judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease to control over the applicable provisions of the Loan Documents), (x) execute releases of liens in connection with any TakingTaking or the land swap described in clause (c) above, (y) execute consents or subordinations in form and substance satisfactory to Administrative Agent in connection with any easements or agreements affecting the Mortgaged PropertyReal Estate, or (z) execute consents, approvals, or other agreements in form and substance satisfactory to the Administrative Agent in connection with such other actions or agreements as may be necessary in the ordinary course of Borrower’s Borrowers’ business.

Request for Agent Action. Agent and the Lenders acknowledge that in the ordinary course of business of the Borrower, (a) Borrower and Guarantors will enter into leases or rental agreements covering Mortgaged Properties that may require the execution of a Subordination, Attornment and Non-Disturbance Agreement in favor of the tenant thereunder, (b) a Mortgaged Property may be subject to a Taking, (c) Borrower or a Guarantor may desire to enter into easements or other agreements affecting the Mortgaged Properties, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, Leases) which similarly require the consent, approval or agreement of the Agent. In connection with the foregoing, the Lenders hereby expressly authorize the Agent to (w) execute and deliver to the Borrower and the Guarantors Subordination, Attornment and Non-Disturbance Agreements with any tenant under a Lease upon such terms as Agent in its good faith judgment determines are appropriate (Agent in the exercise of its good faith judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease to control over the applicable provisions of the Loan Documents), (x) execute releases of liens in connection with any Taking, (y) execute consents or subordinations in form and substance satisfactory to Agent in connection with any easements or agreements affecting the Mortgaged Property, or (z) execute consents, approvals, or other agreements in form and substance satisfactory to the Agent in connection with such other actions or agreements as may be necessary in the ordinary course of Borrower’s 's business.

Request for Agent Action. Agent and the Lenders acknowledge that in the ordinary course of business of the Borrower, (a) Borrower and Guarantors will enter into leases or rental agreements covering Mortgaged Properties that may require the execution of a Subordination, Attornment and Non-Disturbance Agreement in favor of the tenant thereunder, (b) a Mortgaged Property may be subject to a Taking, (c) Borrower or a Guarantor may desire to enter into easements or other agreements affecting the Mortgaged Properties, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, Leases) which similarly require the consent, approval or agreement of the Agent. In connection with the foregoing, the Lenders hereby expressly authorize the Agent to (w) execute and deliver to the Borrower and the Guarantors Subordination, Attornment and Non-Disturbance Agreements with any tenant under a Lease upon such terms as Agent in its good faith judgment determines are appropriate (Agent in and consistent with the exercise of its good faith judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease to control over the applicable provisions of the Loan Documents), (x) execute releases of liens in connection with any Taking, (y) execute consents or subordinations in form and substance satisfactory to Agent Agent, consistent with the provisions of the applicable Leases in connection with any easements or agreements affecting the Mortgaged Property, or (z) execute consents, approvals, or other agreements in form and substance satisfactory to the Agent in connection with such other actions or agreements as may be necessary in the ordinary course of Borrower’s 's business.

Request for Agent Action. Agent Agent, LC Issuer and the Lenders acknowledge that in the ordinary course of business of the BorrowerLoan Parties, (a) Borrower and Guarantors will the Loan Parties may enter into leases or rental agreements covering Mortgaged Properties the Eligible Asset that may require the execution of a Subordinationsubordination, Attornment attornment and Nonnon-Disturbance Agreement in favor of the tenant thereunderdisturbance agreement, (b) a Mortgaged Property the Eligible Asset may be subject to a Takingcondemnation or other taking, (c) Borrower or a Guarantor the Loan Parties may desire to enter into easements or other agreements affecting the Mortgaged PropertiesEligible Asset, dedicate roads or utilities, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, Leases) which similarly require the consent, approval or agreement of the Agent. In connection with the foregoing, the LC Issuer and Lenders hereby expressly authorize the Agent to (wa) execute and deliver with the Loan Parties and any tenant, subordination, attornment and non-disturbance agreements with respect to the Borrower and the Guarantors Subordination, Attornment and Non-Disturbance Agreements with any tenant under a Lease lease upon such terms as Agent in its good faith reasonable judgment determines are appropriate (Agent in the exercise of its good faith reasonable judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease lease to control over the applicable provisions of the Loan Documents), (xb) execute releases of liens Liens of Eligible Asset in connection with dispositions permitted in this Agreement or in connection with any Takingcondemnation or other taking, (yc) execute consents or subordinations in form and substance reasonably satisfactory to Agent in connection with any easements easements, agreements, plats, dedications or agreements similar matters affecting the Mortgaged PropertyEligible Asset, or (zd) execute consents, approvals, or other agreements in form and substance reasonably satisfactory to the Agent in connection with such other actions or agreements as may be desirable by Agent or any tenant necessary in the ordinary course of Borrower’s businessthe Loan Parties’ respective businesses.

Request for Agent Action. Agent and the Lenders Banks acknowledge that in the ordinary course of business of the Borrower, (a) Borrower and Guarantors will enter into leases or rental agreements covering Mortgaged Properties that may require the execution of a Subordination, Attornment and Non-Disturbance Agreement in favor of the tenant thereunder, (b) a Mortgaged Property may be subject to a Taking, (c) Borrower or a Guarantor may desire to enter into easements or other agreements affecting the Mortgaged Properties, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, Leases) which similarly require the consent, approval or agreement of the Agent. In connection with the foregoing, the Lenders Banks hereby expressly authorize the Agent to (w) execute and deliver to the Borrower and the Guarantors Subordination, Attornment and Non-Disturbance Agreements with any tenant under a Lease upon such terms as Agent in its good faith judgment determines are appropriate (Agent in the exercise of its good faith judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease to control over the applicable provisions of the Loan Documents), (x) execute releases of liens in connection with any Taking, (y) execute consents or subordinations in form and substance satisfactory to Agent in connection with any easements or agreements affecting the Mortgaged Property, or (z) execute consents, approvals, or other agreements in form and substance satisfactory to the Agent in connection with such other actions or agreements as may be necessary in the ordinary course of Borrower’s business.

Request for Agent Action. Administrative Agent and the Lenders acknowledge that in the ordinary course of business of the Borrower, (a) Borrower and Guarantors will may enter into leases or rental agreements Leases covering Mortgaged Properties the Collateral that may require the execution of a Subordinationsubordination, Attornment attornment and Nonnon-Disturbance Agreement disturbance agreement in favor of the tenant Tenant thereunder, (b) a Mortgaged Property the Collateral may be subject to a Takingcondemnation or other taking, (c) Borrower or a Guarantor may desire to enter into easements or other agreements affecting the Mortgaged PropertiesCollateral, record a subdivision plat, dedicate roads or utilities, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, Leases) which similarly require the consent, approval or agreement of the Administrative Agent. In connection with the foregoing, the Lenders hereby expressly authorize the Administrative Agent to (w) execute and deliver to the Borrower subordination, attornment and the Guarantors Subordination, Attornment and Nonnon-Disturbance Agreements disturbance agreements with any tenant Tenant under a Lease upon such terms as Administrative Agent in its good faith judgment determines are appropriate (Administrative Agent in the exercise of its good faith judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease to control over the applicable provisions of the Loan Documents), (x) execute releases of liens of Collateral as permitted in this Agreement or in connection with any Takingcondemnation or other taking, (y) execute consents or subordinations in form and substance satisfactory to Administrative Agent in connection with any easements easements, agreements, plats, dedications or agreements similar matters affecting the Mortgaged PropertyCollateral, or (z) execute consents, approvals, or other agreements in form and substance satisfactory to the Administrative Agent in connection with such other actions or agreements as may be necessary in the ordinary course of BorrowerXxxxxxxx’s business.

Request for Agent Action. Administrative Agent and the Lenders acknowledge that in the ordinary course of business of the Borrower, (a) Borrower and Guarantors will may enter into leases or rental agreements Leases covering Mortgaged Properties the Collateral that may require the execution of a Subordinationsubordination, Attornment attornment and Nonnon-Disturbance Agreement disturbance agreement in favor of the tenant Tenant thereunder, (b) a Mortgaged Property the Collateral may be subject to a Takingcondemnation or other taking, (c) Borrower or a Guarantor may desire to enter into easements or other agreements affecting the Mortgaged PropertiesCollateral, record a subdivision plat, dedicate roads or utilities, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, Leases) which similarly require the consent, approval or agreement of the Administrative Agent. In connection with the foregoing, the Lenders hereby expressly authorize the Administrative Agent to (w) execute and deliver to the Borrower subordination, attornment and the Guarantors Subordination, Attornment and Nonnon-Disturbance Agreements disturbance agreements with any tenant Tenant under a Lease upon such terms as Administrative Agent in its good faith judgment determines are appropriate (Administrative Agent in the exercise of its good faith judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease to control over the applicable provisions of the Loan Documents), (x) execute releases of liens of Collateral as permitted in this Agreement or in connection with any Takingcondemnation or other taking, (y) execute consents or subordinations in form and substance satisfactory to Administrative Agent in connection with any easements easements, agreements, plats, dedications or agreements similar matters affecting the Mortgaged PropertyCollateral, or (z) execute consents, approvals, or other agreements in form and substance satisfactory to the Administrative Agent in connection with such other actions or agreements as may be necessary in the ordinary course of Borrower’s business.

Request for Agent Action. Agent and the Lenders acknowledge that in the ordinary course of business of the Borrower, (a) Borrower and Guarantors will enter into leases or rental agreements covering Mortgaged Properties that may require the execution of a Subordination, Attornment and Non-Disturbance Agreement in favor of the tenant thereunder, (b) a Mortgaged Property may be subject to a Taking, (c) Borrower or a Guarantor may desire to enter into easements or other agreements affecting the Mortgaged Properties, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, Leases) which similarly require the consent, approval or agreement of the Agent. In connection with the foregoing, the Lenders hereby expressly authorize the Agent to (w) execute and deliver to the Borrower and the Guarantors Subordination, Attornment and Non-Disturbance Agreements with any tenant under a Lease upon such terms as Agent in its good faith judgment determines are appropriate (Agent in the exercise of its good faith judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease to control over the applicable provisions of the Loan Documents), (x) execute releases of liens in connection with any Taking, (y) execute consents or subordinations in form and substance satisfactory to Agent in connection with any easements or agreements affecting the Mortgaged Property, or (z) execute consents, approvals, or other agreements in form and substance satisfactory to the Agent in connection with such other actions or agreements as may be necessary in the ordinary course of Borrower’s business.

Request for Agent Action. Administrative Agent and the Lenders acknowledge that in the event that Administrative Agent is the beneficiary of a Mortgage, (a) in the ordinary course of business of Borrowers, Borrowers and the Borrower, (a) Borrower and Guarantors will enter into leases or rental agreements covering Mortgaged Collateral Properties that may require the execution of a Subordinationsubordination, Attornment attornment and Nonnon-Disturbance Agreement disturbance agreement in favor of the tenant thereunder, (b) a Mortgaged Property in the ordinary course of business of Borrowers, Real Estate may be subject to a Taking, or (c) in the ordinary course of business of Borrowers, any Borrower or a any Guarantor may desire to enter into easements or other agreements affecting the Mortgaged Collateral Properties, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, including Leases) which similarly require the consent, approval or agreement of the Administrative Agent. In connection with the foregoing, the Lenders hereby expressly authorize the Administrative Agent to (w) execute and deliver to the Borrower Borrowers and the Guarantors Subordinationsubordination, Attornment attornment and Nonnon-Disturbance Agreements disturbance agreements with any tenant under a Lease upon such terms as Administrative Agent in its good faith judgment determines are appropriate (Administrative Agent in the exercise of its good faith judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease to control over the applicable provisions of the Loan Documents), (x) execute releases of liens in connection with any TakingTaking or the land swap described in clause (c) above, (y) execute consents or subordinations in form and substance satisfactory to Administrative Agent in connection with any easements or agreements affecting the Mortgaged PropertyReal Estate, or (z) execute consents, approvals, or other agreements in form and substance satisfactory to the Administrative Agent in connection with such other actions or agreements as may be necessary in the ordinary course of Borrower’s Borrowers’ business.

Request for Agent Action. The Agent and the Lenders acknowledge that in the event that the Agent is the beneficiary of a Mortgage, in the ordinary course of business of the Borrower, (a) the Borrower and the Subsidiary Guarantors will enter into leases or rental agreements covering Mortgaged Properties Borrowing Base Assets that may require the execution of a Subordinationsubordination, Attornment attornment and Nonnon-Disturbance Agreement disturbance agreement in favor of the tenant thereunder, (b) a Mortgaged Property Borrowing Base Asset may be subject to a Taking, (c) the Borrower or a any Subsidiary Guarantor may desire to enter into easements or other agreements affecting the Mortgaged PropertiesBorrowing Base Assets, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, Leases) which similarly require the consent, approval or agreement of the Agent. In connection with the foregoing, the Lenders hereby expressly authorize the Agent to (w) execute and deliver to the Borrower and the Subsidiary Guarantors Subordinationsubordination, Attornment attornment and Nonnon-Disturbance Agreements disturbance agreements with any tenant under a Lease upon such terms as the Agent in its good faith judgment determines are appropriate (the Agent in the exercise of its good faith judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease to control over the applicable provisions of the Loan Documents), (x) execute releases of liens in connection with any Taking, (y) execute consents or subordinations in form and substance satisfactory to the Agent in connection with any easements or agreements affecting the Mortgaged PropertyBorrowing Base Asset, or (z) execute consents, approvals, or other agreements in form and substance satisfactory to the Agent in connection with such other actions or agreements as may be necessary in the ordinary course of the Borrower’s business.

Request for Agent Action. Agent and the Lenders acknowledge that in the ordinary course of business of the BorrowerBorrowers, (a) Borrower and Guarantors will Borrowers may enter into leases or rental agreements covering Mortgaged Properties the Collateral that may require the execution of a Subordinationsubordination, Attornment attornment and Nonnon-Disturbance Agreement disturbance agreement in favor of the tenant thereunder, (b) a Mortgaged Property the Collateral may be subject to a Takingcondemnation or other taking, (c) Borrower or a Guarantor may desire to enter into easements or other agreements affecting the Mortgaged PropertiesCollateral, record a subdivision plat, dedicate roads or utilities, or take other actions or enter into other agreements in the ordinary course of business (including, without limitation, Leases) which similarly require the consent, approval or agreement of the Agent. In connection with the foregoing, the Lenders hereby expressly authorize the Agent to (w) execute and deliver to the Borrower subordination, attornment and the Guarantors Subordination, Attornment and Nonnon-Disturbance Agreements disturbance agreements with any tenant under a Lease lease upon such terms as Agent in its good faith judgment determines are appropriate (Agent in the exercise of its good faith judgment may agree to allow some or all of the casualty, condemnation, restoration or other provisions of the applicable Lease lease to control over the applicable provisions of the Loan Documents), (x) execute releases of liens of Mortgaged Property as permitted in this Agreement or in connection with any Takingcondemnation or other taking, (y) execute consents or subordinations in form and substance satisfactory to Agent in connection with any easements easements, agreements, plats, dedications or agreements similar matters affecting the Mortgaged PropertyCollateral, or (z) execute consents, approvals, or other agreements in form and substance satisfactory to the Agent in connection with such other actions or agreements as may be necessary in the ordinary course of Borrower’s Borrowers’ business. Without limiting the foregoing, the Agent may delegate to the Title Insurance Company pursuant to the Tri-Party Agreement the right to execute certain consents on behalf of Agent and the Lenders as described in §5.5. §14.14 [Intentionally omitted.]