Unanimous Consent. Notwithstanding the foregoing, no amendment, waiver or consent shall, unless in writing, and signed by all of the Lenders (or the Administrative Agent at the written direction of the Lenders), do any of the following: increase the Commitments of the Lenders (excluding any increase as a result of an assignment of Commitments permitted under Section 13.6) or subject the Lenders to any additional obligations, except for any increases contemplated under Section 2.14; reduce the principal of, or interest rates that have accrued or that will be charged on the outstanding principal amount of, any Loans or other Obligations; reduce the amount of any Fees payable to the Lenders hereunder, other than Fees payable to Administrative Agent pursuant to the Fee Letter; postpone any date fixed for any payment of principal of, or interest on, any Loans or for the payment of Fees (other than Fees to Administrative Agent pursuant to the Fee Letter) or any other Obligations, or extend the expiration date of any Letter of Credit beyond the Termination Date; change the Pro Rata Shares (excluding any change as a result of an assignment of Commitments permitted under Section 13.6 or an increase of Commitments effected pursuant to Section 2.14); amend this Section 13.7 or amend the definitions of the terms used in this Agreement or the other Loan Documents insofar as such definitions affect the substance of this Section 13.7;
Appears in 1 contract
Samples: Credit Agreement (Equity One Inc)
Unanimous Consent. Notwithstanding the foregoing, no amendment, waiver or consent shall, unless in writing, and signed by all of the Lenders (or the Administrative Agent at the written direction of the Lenders), do any of the following: :
(i) increase the Commitments of the Lenders (excluding any increase as a result of an assignment of Commitments permitted under Section 13.613.13) or subject the Lenders to any additional obligations, except for any increases contemplated under Section 2.14; ;
(ii) reduce the principal of, or interest rates that have accrued or that will be charged on the outstanding principal amount of, any Loans or other Obligations; the Loan;
(iii) reduce the amount of any Fees fees payable to the Lenders hereunder, other than Fees payable to Administrative Agent pursuant to the Fee Letter; ;
(iv) postpone any date fixed for any payment of principal of, or interest on, any Loans the Loan (including, without limitation, the Maturity Date) or for the payment of Fees (other than Fees to Administrative Agent pursuant to the Fee Letter) fees or any other Obligations, obligations of Borrower or extend the expiration date of any Letter of Credit beyond the Termination Date; Guarantor;
(v) change the Pro Rata Shares (excluding any change as a result of an assignment of Commitments permitted under Section 13.6 or an increase of Commitments effected pursuant to Section 2.1413.13); ;
(vi) amend this Section 13.7 or amend the definitions of the terms used in this Agreement or the other Loan Documents insofar as such definitions affect the substance of this Section;
(vii) modify the definition of the term “Requisite Lenders” or modify in any other manner the number or percentage of the Lenders required to make any determinations or waive any rights hereunder or to modify any provision hereof;
(viii) release any Guarantor from its obligations under the Guaranty;
(ix) waive a Default under Section 13.7;11.1(a); or
(x) release or dispose of any Collateral unless released or disposed of as permitted by, and in accordance with, Section 12.7.
Appears in 1 contract
Samples: Building Loan Agreement (Sunrise Senior Living Inc)
Unanimous Consent. Notwithstanding the foregoing, no amendment, waiver or consent shall, unless in writing, and signed by all of the Lenders (or the Administrative Agent at the written direction of the Lenders), do any of the following: :
(i) increase the Commitments of the Lenders (excluding any increase as a result of an assignment of Commitments permitted under Section 13.6) Article XIV or subject the Lenders to any additional obligations, except for any increases contemplated under Section 2.14; ;
(ii) reduce the principal of, or interest rates that have accrued or that will be charged on the outstanding principal amount of, any Loans or other Obligations; the Loan;
(iii) reduce the amount of any Fees fees payable to the Lenders hereunder, other than Fees payable to Administrative Agent pursuant to the Fee Letter; ;
(iv) postpone any date fixed for any payment of principal of, or interest on, any Loans the Loan (including, without limitation, the Maturity Date) or for the payment of Fees (other than Fees to Administrative Agent pursuant to the Fee Letter) fees or any other Obligations, obligations of Borrower or extend the expiration date of any Letter of Credit beyond the Termination Date; Guarantor;
(v) change the Pro Rata Shares (excluding any change as a result of an assignment of Commitments permitted under Section 13.6 or an increase of Commitments effected pursuant to Section 2.14Article XIV); ;
(vi) amend this Section 13.7 or amend the definitions of the terms used in this Agreement or the other Loan Documents insofar as such definitions affect the substance of this Section;
(vii) modify the definition of the term “Requisite Lenders” or modify in any other manner the number or percentage of the Lenders required to make any determinations or waive any rights hereunder or to modify any provision hereof;
(viii) release any Guarantor from its obligations under the Guaranty;
(ix) waive a Default under Section 13.7;9.2; or
(x) release or dispose of any Collateral unless released or disposed of as permitted by, and in accordance with, Section 12.7.
Appears in 1 contract
Unanimous Consent. Notwithstanding the foregoing, no amendment, waiver or consent shall, unless in writing, and signed by all of the Lenders directly affected thereby (or the Administrative Agent at the written direction of the Lenders), do any of the following: :
i. increase the Commitments of the Lenders (excluding any increase as a result of an assignment of Commitments permitted under Section 13.6) or subject the Lenders to any additional obligations, except for any increases contemplated under Section 2.14; 12.6).
ii. reduce the principal of, or interest rates that have accrued or that will be charged on the outstanding principal amount of, any Loans or other Obligations; ;
iii. reduce the amount of any Fees payable to the Lenders hereunder, other than Fees payable to Administrative Agent pursuant to the Fee Letter; ;
iv. postpone any date fixed for any payment of principal of, or interest on, any Loans or for the payment of Fees (other than Fees to Administrative Agent pursuant to the Fee Letter) or any other Obligations, or extend the expiration date of any Letter of Credit beyond the Termination Date; Obligations except in accordance with Section 2.11;
v. change the definitions of Revolving Commitment Percentage or Pro Rata Shares (excluding any change as a result of an assignment of Commitments permitted under Section 13.6 or an increase of Commitments effected pursuant to Section 2.14); Share;
vi. amend this Section 13.7 or amend the definitions of the terms used in this Agreement or the other Loan Documents insofar as such definitions affect the substance of this Section;
vii. modify the definition of the term “Requisite Lenders” or modify in any other manner the number or percentage of the Lenders required to make any determinations or waive any rights hereunder or to modify any provision hereof;
viii. release any Guarantor from its obligations under the Guaranty;
ix. waive a Default or Event of Default under Section 13.7;10.1(a); x. amend, or waive Borrower’s compliance with, Section 2.12; or
Appears in 1 contract
Samples: Revolving Loan Agreement (RREEF Property Trust, Inc.)
Unanimous Consent. Notwithstanding the foregoing, no amendment, waiver or consent shall, unless in writing, and signed by all of the Lenders (or the Administrative Agent at the written direction of the Lenders), do any of the following: :
(i) increase the Commitments of the Lenders (excluding any increase as a result of an assignment of Commitments permitted under Section 13.613.13) or subject the Lenders to any additional obligations, except for any increases contemplated under Section 2.14; ;
(ii) reduce the principal of, or interest rates that have accrued or that will be charged on the outstanding principal amount of, any Loans or other Obligations; the Loan;
(iii) reduce the amount of any Fees fees payable to the Lenders hereunder, other than Fees payable to Administrative Agent pursuant to the Fee Letter; ;
(iv) postpone any date fixed for any payment of principal of, or interest on, any Loans the Loan (including, without limitation, the Maturity Date) or for the payment of Fees (other than Fees to Administrative Agent pursuant to the Fee Letter) fees or any other Obligations, obligations of Borrower or extend the expiration date of any Letter of Credit beyond the Termination Date; Guarantor;
(v) change the Pro Rata Shares (excluding any change as a result of an assignment of Commitments permitted under Section 13.6 or an increase of Commitments effected pursuant to Section 2.1413.13); ;
(vi) amend this Section 13.7 or amend the definitions of the terms used in this Agreement or the other Loan Documents insofar as such definitions affect the substance of this Section;
(vii) modify the definition of the term “Requisite Lenders” or modify in any other manner the number or percentage of the Lenders required to make any determinations or waive any rights hereunder or to modify any provision hereof;
(viii) release any Guarantor from its obligations under the Guaranty;
(ix) waive a Default under Section 13.7;11.1(a); or
(x) release or dispose of Collateral unless released or disposed of as permitted by, and in accordance with, Section 12.7.
Appears in 1 contract
Samples: Loan Agreement (KBS Real Estate Investment Trust III, Inc.)
Unanimous Consent. Notwithstanding the foregoing, no amendment, waiver or consent shall, unless in writing, and signed by all of the Lenders (or the Administrative Agent at the written direction of the Lenders), do any of the following: :
9.3.2.1 increase the Commitments of the Lenders (excluding any increase as a result of an assignment of Commitments permitted under Section 13.69.6) or subject the Lenders to any additional obligations, except for any increases contemplated under Section 2.14; ;
9.3.2.2 reduce the principal of, or interest rates that have accrued or that will be charged on the outstanding principal amount of, any Loans or other Obligations; the Loan;
9.3.2.3 reduce the amount of any Fees fees payable to the Lenders hereunder, other than Fees payable to Administrative Agent pursuant to the Fee Letter; ;
9.3.2.4 postpone any date fixed for any payment of principal of, or interest on, any Loans the Loan (including, without limitation, the Maturity Date) or for the payment of Fees (other than Fees to Administrative Agent pursuant to the Fee Letter) fees or any other Obligations, obligations of Borrower or extend the expiration date of any Letter of Credit beyond the Termination Date; Guarantor;
9.3.2.5 change the Pro Rata Shares (excluding any change as a result of an assignment of Commitments permitted under Section 13.6 or an increase of Commitments effected pursuant to Section 2.149.6); ;
9.3.2.6 amend this Section 13.7 or amend the definitions of the terms used in this Agreement or the other Loan Documents insofar as such definitions affect the substance of this Section;
9.3.2.7 modify the definition of the term “Majority Lenders” or modify in any other manner the number or percentage of the Lenders required to make any determinations or waive any rights hereunder or to modify any provision hereof;
9.3.2.8 release any Guarantor from its obligations under the Guaranty; or
9.3.2.9 waive an Event of Default under Section 13.7;7.1.1.
Appears in 1 contract
Samples: Fifth Modification Agreement (Ps Business Parks Inc/Ca)
Unanimous Consent. Notwithstanding the foregoing, no amendment, waiver or consent shall, unless in writing, and signed by all of the Lenders (or the Administrative Agent at the written direction of the Lenders), do any of the following: :
(i) increase the Commitments of the Lenders (excluding any increase as a result of an assignment of Commitments permitted under Section 13.612.13) or subject the Lenders to any additional obligations, except for any increases contemplated under Section 2.14; ;
(ii) reduce the principal of, or interest rates that have accrued or that will be charged on the outstanding principal amount of, any Loans or other Obligations; the Loan;
(iii) reduce the amount of any Fees fees payable to the Lenders hereunder, other than Fees payable to Administrative Agent pursuant to the Fee Letter; ;
(iv) postpone any date fixed for any payment of principal of, or interest on, any Loans the Loan (including, without limitation, the Maturity Date) or for the payment of Fees (other than Fees to Administrative Agent pursuant to the Fee Letter) fees or any other Obligationsobligations of Borrower, Owner or extend the expiration date of any Letter of Credit beyond the Termination Date; Guarantor;
(v) change the Pro Rata Shares (excluding any change as a result of an assignment of Commitments permitted under Section 13.6 or an increase of Commitments effected pursuant to Section 2.1412.13); ;
(vi) amend this Section 13.7 or amend the definitions of the terms used in this Agreement or the other Loan Documents insofar as such definitions affect the substance of this Section;
(vii) modify the definition of the term “Requisite Lenders” or modify in any other manner the number or percentage of the Lenders required to make any determinations or waive any rights hereunder or to modify any provision hereof;
(viii) release any Guarantor from its obligations under the Guaranty;
(ix) waive a Default or Potential Default under Section 13.7;10.1(a); or
(x) release or dispose of any Collateral unless released or disposed of as permitted by, and in accordance with, Section 11.7.
Appears in 1 contract
Samples: Revolving Loan Agreement (Columbia Equity Trust, Inc.)
Unanimous Consent. Notwithstanding the foregoing, no amendment, waiver or consent shall, unless in writing, and signed by all of the Lenders (or the Administrative Agent at the written direction of the Lenders), do any of the following: :
(i) increase the Commitments of the Lenders (excluding any increase as a result of an assignment of Commitments permitted under Section 13.611.13) or subject the Lenders to any additional obligations, except for any increases contemplated under Section 2.14; ;
(ii) reduce the principal of, or interest rates that have accrued or that will be charged on the outstanding principal amount of, any Loans or other Obligations; the Loan;
(iii) reduce the amount of any Fees fees payable to the Lenders hereunder, other than Fees payable to Administrative Agent pursuant to the Fee Letter; ;
(iv) postpone any date fixed for any payment of principal of, or interest on, any Loans or the Loan (including, without limitation, the Maturity Date), for the payment of Fees (other than Fees to Administrative Agent pursuant to the Fee Letter) fees or any other Obligationsobligations of Borrower or Leasehold Mortgagor, or extend the expiration date of any Letter of Credit beyond the Termination Maturity Date; ;
(v) change the Pro Rata Shares (excluding any change as a result of an assignment of Commitments permitted under Section 13.6 or an increase of Commitments effected pursuant to Section 2.1411.13); ;
(vi) amend this Section 13.7 or amend the definitions of the terms used in this Agreement or the other Loan Documents insofar as such definitions affect the substance of this Section;
(vii) modify the definition of the term “Requisite Lenders” or modify in any other manner the number or percentage of the Lenders required to make any determinations or waive any rights hereunder or to modify any provision hereof;
(viii) waive a Default under Section 13.7;9.1(a); or
(ix) release or dispose of any Collateral unless released or disposed of as permitted by, and in accordance with, Section 10.7.
Appears in 1 contract