Common use of Without limitation of the foregoing Clause in Contracts

Without limitation of the foregoing. Borrower, upon the request of Lender, shall terminate the Management Agreement and replace Manager, without penalty or fee, if at any time during the Loan: (a) Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, (b) there exists an Event of Default, (c) there exists a default by Manager under the Management Agreement that continues beyond the expiration of any applicable notice and cure periods. At such time as the Manager may be removed, a Qualifying Manager shall assume management of the applicable Individual Property pursuant to a Replacement Management Agreement.

Appears in 1 contract

Samples: Loan Agreement (U-Store-It Trust)

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Without limitation of the foregoing. Borrower, upon the request of Lender, shall terminate the Management Agreement and replace Manager, without penalty or fee, if at any time during the Loan: (a) Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, (b) there exists an Event of Default, or (c) there exists a default by Manager under the Management Agreement that continues beyond the expiration of any applicable notice and cure periodsAgreement. At such time as the Manager may be removed, a Qualifying Qualified Manager shall assume management of the applicable Individual Property pursuant to a Replacement Management Agreement.

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

Without limitation of the foregoing. Borrower, upon the request of Lender, shall terminate the Management Agreement and replace the Manager, without penalty or fee, if at any time during the Loan: : (a) the Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, (b) there exists an Event of DefaultDefault and the Debt has been accelerated, or (c) there exists a material default beyond any applicable notice or cure period by Manager under the Management Agreement that continues beyond the expiration of any applicable notice and cure periodsAgreement. At such time as the Manager may be removed, a Qualifying Qualified Manager shall assume management of the applicable Individual Property pursuant to a Replacement Management Agreement.

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

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Without limitation of the foregoing. Borrower, upon the request of Lender, shall terminate the Management Agreement or Replacement Management Agreement, if applicable and replace the Manager, without penalty or fee, if at any time during the Loan: (a) the Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, (b) provided, the Manager is an Affiliated Manager, there exists an Event of DefaultDefault which remains uncured, or (c) there exists a default beyond all applicable notice and grace periods by Manager under the Management Agreement that continues beyond the expiration of any applicable notice and cure periodsor Replacement Management Agreement, if applicable. At such time as the Manager may be removed, a Qualifying Qualified Manager shall assume management of the applicable Individual Property pursuant to a Replacement Management Agreement.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

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