Subsequent Lenders Clause Samples

Subsequent Lenders. For purposes of this Section 2.16, the term "Lender" shall include any assignee pursuant to, and after compliance with the requirements of, Section 8.07; provided that no Person acquiring any participation pursuant to Section 8.07(e) shall be deemed a "Lender" for purposes of this Section 2.16 unless and until the Borrower has been notified of such participation. If any Lender grants participations in or otherwise transfers its rights under this Agreement, the participant or transferee shall be bound by the terms of Sections 2.16(e), (f) and (g) as though it were such Lender.

Subsequent Lenders. Upon or concurrently with the payment in full of ------------------ all indebtedness outstanding under the Senior Loan and the termination of the Senior Lender's Lien in the Leased Property in accordance with the provisions of the Deed of Trust and with the prior written consent of Healthcare Realty, KCCI and SELCO while any of the Equity Balance remains outstanding, the Owner shall, at Lessee's written request, re-assign, sell or transfer and/or ▇▇▇▇▇ ▇ ▇▇▇▇ in, this Lease, in whole or in part and/or Leased Property to any Person, and upon notice of such assignment, sale, transfer or grant, Lessee shall comply with the requests and demands of such Person as if such Person was the Senior Lender as provided above; provided that such Person shall agree, with or for the benefit of Lessee, that it shall not disturb Lessee's possession under the Lease and shall respect and take its Lien subject to Lessee's right to purchase the Leased Premises under the terms of this Lease, so long as no Event of Default shall have occurred and be continuing under this Lease. Prior to the occurrence and continuance of an Event of Default, Owner shall not take any affirmative action to sell, transfer or ▇▇▇▇▇ ▇ ▇▇▇▇ on the Leased Property or this Lease without Lessee's prior written consent, except that nothing in this section 19(e) shall prevent the Owner remarketing the Leased Property in accordance with Section 30 hereof. If Lessee desires that Owner refinance the Senior Loan at any time when the Senior Loan may be prepaid in accordance with its terms, Owner agrees to cooperate with Lessee in effecting such refinancing provided (i) all costs, expenses, fees and other amounts incurred by reason of such refinancing are paid in full by Lessee, including, without limitation, any fees or expenses payable to the party arranging or holding the loan made to refinance the Senior Loan (the "Successor Senior Lender"), (ii) Owner's right to directly receive Base Rental relating to the Equity Balance and any Additional Rental shall not be affected and any subordination of the Owner's, Healthcare Realty's, KCCI's and SELCO's rights to receive Base Rental and Additional Rental shall be reasonably acceptable to such Persons, (iii) the rights of the Indemnified Parties to exercise any of the Excepted Rights directly against Lessee (or Brookdale under the Indemnity Agreement) continue and are not made subordinate to the rights of the Successor Senior Lender for indemnification, (iv) the rights...

Subsequent Lenders. 44 (i) Refund, Deduction or Credit of Taxes....................... 45 (j)

Subsequent Lenders. After the Closing Date until June 30, 1999, Administrative Agent may, from time to time, (i) admit additional Lenders hereunder (each a "Subsequent Lender"), or (ii) at the request of any Lender increase the Commitment of such Lender (each an "Increasing Lender"), subject to the following conditions: (i) Each Subsequent Lender is (A) an Eligible Assignee, and (B) approved by Borrower, such approval not to be unreasonably withheld; (ii) Borrower executes (A) new Notes payable to the order of a Subsequent Lender, or (B) a replacement Note payable to the order of an Increasing Lender; (iii) Borrower pays all fees payable pursuant to Section 4 and the fee letter(s) described therein; (iv) Each Subsequent Lender executes a signature page to this Agreement; (v) After giving effect the admission of any Subsequent Lender or the increase in the Commitment of any Increasing Lender, the aggregate face amount of the Total Commitment does not exceed $550,000,000; and (vi) No admission of any Subsequent Lender shall increase the Commitment of any existing Lender. After the admission of any Subsequent Lender or the increase in the Term Loan of any Increasing Lender, Administrative Agent shall provide to each Lender a new Schedule 1 to this Agreement.

Subsequent Lenders. The signature page of any Subsequent Lender to this Amendment shall be deemed also to be a signature page of such Subsequent Lender to the Credit Agreement (as amended by this Amendment), thereby satisfying the requirement of Section 2.10 (b)(ii)(C) of the Credit Agreement that each Subsequent Lender execute a signature page to the Credit Agreement.

Subsequent Lenders. Each of the parties hereto agrees that from time to time and upon the prior written consent of the Agent, any Person may become party to this Agreement as a Lender and be subject to all of the obligations and entitled to all of the rights of a Lender under the Loan Documents upon such Person's execution and delivery of a counterpart of this Agreement; provided, that in no event shall the Total Commitment exceed five million dollars after giving effect to the Loan Commitment of each additional Lender becoming a party to this Agreement pursuant to this Section 11.4(f). The Agent shall be authorized to amend or supplement Schedule 1 to set forth the Loan Commitment of each Lender becoming a party to this Agreement pursuant to this Section 11.4(f).