TIC Agreement. Any and all rights of Borrower under the TIC Agreement, including, without limitation, any options to purchase and rights of first refusal, including any rights of first refusal under Section 363(i) of the Bankruptcy Code; and
TIC Agreement. Except for transfers and other actions permitted by Article VIII, the Co-Borrowers will not terminate, modify, change, supplement, alter, amend or cancel the TIC Agreement without the Lender’s prior written consent.
TIC Agreement. Ensure that the Mortgage Borrower will not terminate, modify, change, supplement, alter, amend or cancel the TIC Agreement without the Mezzanine Lender’s prior written consent.
TIC Agreement. Borrower’s contract rights under that certain Tenancy-in-Common Agreement executed by and among TIC 1, TIC 2, TIC 3 and TIC 4 and dated on or about the date hereof (such agreements, together with all amendments, restatements, memoranda or other modifications thereof, collectively, the “TIC Agreement”);
TIC Agreement. The parties agree that no amounts shall be payable at Closing in respect of the items described in clauses (a) through (d) of this Section 4.4 and any proration and settlement of such amounts shall be made in accordance with the TIC Agreement and the Master Lease.
TIC Agreement. (a) The TIC Agreement shall not be amended, modified, supplemented, restated, terminated or otherwise altered by Borrower, nor shall Borrower consent or otherwise acquiesce in any of the foregoing, without in each instance the prior consent of Lender (such consent not to be unreasonably withheld, delayed or conditioned); provided, however, Borrower’s failure to comply with this covenant shall not result in an Event of Default unless such failure is in any material respect and after the expiration of any applicable notice or cure period contemplated herein. Notwithstanding the foregoing, Borrower shall be permitted to execute a third amendment to the TIC Agreement without the prior consent of Lender, provided such third amendment is in the form of that certain draft Third Amendment to Tenancy in Common Agreement and Granting Easements for Xxxx Center Irvine Southwest provided by Borrower to Lender, and approved by Lender, prior to the date hereof, and provided further that Borrower provides Lender with a conformed recorded copy of such third amendment to the TIC Agreement as soon as reasonably available following the full execution thereof and recordation thereof in the Official Records of Orange County, California.
(b) Borrower shall deliver to Lender, at the same time received or sent by Borrower, copies of all notices, demands or requests sent or otherwise sent by Borrower or received from any other Person under or pursuant to the TIC Agreement.
(c) Borrower shall observe, perform and discharge in all material respects all obligations, covenants and warranties required to be kept and performed by Borrower under the TIC Agreement.
(d) Borrower shall use commercially reasonable efforts to enforce or secure the performance of each and every material obligation, term, covenant, condition and agreement to be performed by any other party to the TIC Agreement.
(e) Borrower hereby represents and warrants that all charges assessed against Property A pursuant to the TIC Agreement have been paid in full, and that there are no unpaid charges, any interest thereon or any other charges relating thereto, owing with respect to Property A, except any charges being contested in good faith in the manner described in Subsection 5.3(b).
(f) Within thirty (30) days following Lender’s written request therefor, Borrower shall use commercially reasonable efforts to cause the Xxxx Center Irvine Southwest Owners Association (the “Association”) to furnish to Lender, at no cost to L...
TIC Agreement. The TICS have each executed and are all subject to that certain Co-Ownership Agreement dated as of January 10, 2006, as amended by the First Amendment to Co-Ownership Agreement dated November 21, 2006 (the "TIC Agreement"). Borrower desires to place third parties on notice that the TIC Agreement contains certain rights, obligations, requirements and certain waivers (including waiver of partition rights), all of which are incorporated by reference in this Mortgage. It is specifically acknowledged and agreed by Borrower that Lender is a third party beneficiary of the TIC Agreement.
TIC Agreement. That certain Amended and Restated Lot 4 Co-Ownership Agreement dated as of the date hereof, by and among EYP REALTY,LLC, a Delaware limited liability company, Borrower, XXXXXXX PROPERTIES-777 TOWER, LLC, a Delaware limited liability company, and XXXXXXX PROPERTIES-755 X. XXXXXXXX, LLC, a Delaware limited liability company, as the same may be further amended, supplemented or modified from time to time pursuant to the terms thereof and the terms of this Agreement.
TIC Agreement. The TIC Agreement is modified, amended, transferred, assigned, terminated, or rescinded by Borrower or Land (Parking) Owner, without the prior written consent of Administrative Agent, such consent not to be unreasonably withheld, conditioned or delayed; provided that, any amendment or modification to the TIC Agreement to reflect a transfer in the Land (Parking) to Borrower is hereby pre-approved by Administrative Agent);
TIC Agreement. The TIC Agreement and any rights of Borrower thereunder shall be subordinate to the Mortgage pursuant to the terms of the TIC Agreement. A memorandum of the TIC Agreement shall be duly recorded in the Official Records of Tarrant County, Texas substantially concurrently with, but subsequent to the recording of, the Mortgage. The TIC Agreement shall not be amended, modified or terminated without Lender’s prior, written consent.
