Common use of Waste Clause in Contracts

Waste. Borrower shall not commit or suffer any physical waste of the Properties or make any change in the use of the Properties which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual Property, or take any action that would reasonably be expected to invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to in any way impair the value of any Individual Property or the security for the Loan. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 7 contracts

Samples: Loan Agreement (Stirling Hotels & Resorts, Inc.), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

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Waste. Borrower shall not (and shall not permit any Tenant to) commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way materially impair the value of any Individual the Property or the security for the Loan. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 3 contracts

Samples: Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust)

Waste. Borrower shall not commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to in any way impair the value of any Individual the Property or the security for the Loan. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 2 contracts

Samples: Loan Agreement (MVP REIT II, Inc.), Loan Agreement (MVP REIT, Inc.)

Waste. Individual Borrower shall not commit or suffer any physical material waste of the Properties Property or make any change in the use of the Properties Property which will in any way reasonably might be expected to materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably might be expected to invalidate or give cause for allow the cancellation of any Policy, or do or permit to be done thereon anything that would reasonably might be expected to in any way materially impair the value security of any this Security Instrument. Individual Property or the security for the Loan. Borrower will not, without the prior written consent of LenderAgent, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual Propertythe Land, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 2 contracts

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Excel Trust, L.P.), Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Excel Trust, L.P.)

Waste. Borrower shall not commit or suffer any actual, physical waste of the Properties or make any change in the use of the Properties which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way impair the value of the any Individual Property or the security for the Loan. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual Property, regardless of the depth thereof or the method of mining or extraction thereof, except as expressly permitted pursuant to a Permitted Encumbrance.

Appears in 2 contracts

Samples: Loan Agreement (Corporate Property Associates 16 Global Inc), Loan Agreement (Corporate Property Associates 15 Inc)

Waste. No Borrower shall not commit or suffer any physical waste of the Properties related Individual Property or make any change in the use of the Properties related Individual Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any the related Individual Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way impair the value of any the related Individual Property or the security for the Loan. No Borrower will notwill, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 2 contracts

Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)

Waste. Borrower shall not commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way impair the value of any Individual the Property or the security for the Loanof this Security Instrument. Borrower will not, without the prior written consent of Lender, permit execute any oil and gas lease or any other instrument allowing any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual Propertythe Land, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 2 contracts

Samples: Leasehold Mortgage and Security Agreement (Corporate Property Associates 15 Inc), Mortgage and Security Agreement (Corporate Property Associates 15 Inc)

Waste. Borrower shall not knowingly commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way impair the value of any Individual the Property or the security for the Loan. Except as otherwise permitted in the Permitted Encumbrances, Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Consolidated Tomoka Land Co)

Waste. Borrower shall not commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or substantially increase the rates thereunder, or do or permit to be done thereon anything that would reasonably be expected to may in any way impair the value of any Individual the Property or the security for the Loanof this Security Instrument. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual Propertythe Land, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 2 contracts

Samples: Convertible Promissory Notes (Minrad International, Inc.), Mortgage and Security Agreement (Polymer Research Corp of America)

Waste. Borrower shall not commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way impair the value of any Individual the Property or the security for the Loan. Borrower will not, without the prior written consent of Lender, permit (to the extent that Borrower has the right to do so) any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 2 contracts

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Waste. Borrower shall not commit or suffer any material physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to in any way materially impair the value of any Individual the Property or the security for the Loan. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Loan Agreement (Independence Realty Trust, Inc)

Waste. Borrower shall not commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would be reasonably be expected to in any way impair the value of the Property in any Individual Property material respect or the security for the Loan. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Loan Agreement (Gaia, Inc)

Waste. Borrower shall not commit or suffer any physical waste of the Properties related Individual Property or make any change in the use of the Properties related Individual Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any the related Individual Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way impair the value of any the related Individual Property or the security for the Loan. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Loan Agreement (Extra Space Storage Inc.)

Waste. Borrower shall not commit or suffer any material, physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way impair the value of the Property in any Individual Property material way or the security for the Loan. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Loan Agreement (New England Realty Associates Limited Partnership)

Waste. Borrower shall not commit or fail to use commercially reasonable efforts to not suffer any material physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for allow the cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way materially impair the value of any Individual the Property or the security for of the LoanSecurity Instrument. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, removal or production of any minerals from the surface or the subsurface of any Individual Propertythe Land, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Loan Agreement (Morgans Hotel Group Co.)

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Waste. Borrower shall not commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way impair the value of any Individual the Property or the security for the Loan. Borrower will not, without the prior written consent of Lender, permit consent to, or grant any right to, any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)

Waste. Borrower shall not commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way impair the value of any Individual the Property or the security for the LoanLoan (except during alterations permitted in accordance with the Loan Documents). Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

Waste. Borrower shall not commit or suffer knowingly permit any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other natural hazard arising out of the operation of any Individual the Property, or knowingly take any action that would reasonably be expected to invalidate or give cause for cancellation of any Policy, or do or permit (to the extent within the control of Borrower or its Affiliates control to prevent) to be done thereon anything that would reasonably be expected to in any way materially impair the value of any Individual the Property or the security for the Loan. Borrower will not, without the prior written consent of Lender, not permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Loan Agreement (Strategic Storage Trust II, Inc.)

Waste. Borrower shall not commit or suffer any material physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would may be reasonably be expected likely to in any way materially and adversely impair the value of any Individual the Property or the security for the Loan. Borrower will not, without the prior written consent of Lender, permit consent to any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Loan Agreement (Stratus Properties Inc)

Waste. Borrower shall not (and shall not permit any Tenant to) commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way materially impair the value of any Individual the Property or the security for the Loan. Borrower will not, without the prior written consent of LenderAdministrative Agent, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual the Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

Waste. Borrower shall not commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for allow the cancellation of any Policyinsurance policy required under the Credit Agreement, or do or permit to be done thereon anything that would reasonably be expected to may in any way materially impair the value of any Individual the Property or the security for the Loanof this Deed of Trust. Borrower will not, without the prior written consent of LenderBeneficiary, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual Propertythe Land, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Credit Agreement (CBL & Associates Properties Inc)

Waste. Borrower Borrowers shall not commit or suffer any physical waste of the Properties any Property or make any change in the use of the Properties such Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual such Property, or take any action that would reasonably be expected to might invalidate or give cause for cancellation of any PolicyPolicy or, or subject to the rights of Tenants, do or permit to be done thereon anything that would reasonably be expected to may in any way impair the value of any Individual Property or the security for the Loan. Borrower Borrowers will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual Property, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Loan Agreement (STAG Industrial, Inc.)

Waste. Borrower shall not commit or suffer any physical waste of the Properties Property or make any change in the use of the Properties Property, except as provided for in the Loan Documents, which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would reasonably be expected to might invalidate or give cause for allow the cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way materially impair the value of any Individual the Property or the security for the Loanof this Security Instrument. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual Propertythe Land, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Fee and Leasehold Mortgage, Security Agreement and Fixture Filing (Maui Land & Pineapple Co Inc)

Waste. Borrower shall not commit or suffer any physical waste of the Properties ----- Property or make any change in the use of the Properties Property which will in any way materially increase the risk of fire or other hazard arising out of the operation of any Individual the Property, or take any action that would could reasonably be expected to invalidate result in the invalidation or give cause for cancellation of any Policy, or do or permit to be done thereon anything that would reasonably be expected to may in any way materially impair the value of any Individual the Property or the security for the Loanof this Security Instrument. Borrower will not, without the prior written consent of Lender, permit any drilling or exploration for or extraction, removal, or production of any minerals from the surface or the subsurface of any Individual Propertythe Land, regardless of the depth thereof or the method of mining or extraction thereof.

Appears in 1 contract

Samples: Variable Interest Rate Deed of Trust (Kilroy Realty Corp)

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