Zoning and Uses. Without the prior written consent of Landlord, which shall not be unreasonably withheld unless the action for which consent is sought could adversely affect the Primary Intended Use of a Facility (in which event Landlord may withhold its consent in its sole and absolute discretion), Tenant shall not (i) initiate or support any limiting change in the permitted uses of the Leased Property (or to the extent applicable, limiting zoning reclassification of the Leased Property); (ii) seek any variance under existing land use restrictions, laws, rules or regulations (or, to the extent applicable, zoning ordinances) applicable to the Leased Property or use or permit the use of the Leased Property; (iii) impose or permit or suffer the imposition of any restrictive covenants, easements or encumbrances (other than Permitted Leasehold Mortgages) upon the Leased Property in any manner that adversely affects in any material respect the value or utility of the Leased Property; (iv) execute or file any subdivision plat affecting the Leased Property, or institute, or permit the institution of, proceedings to alter any tax lot comprising the Leased Property; or (v) permit or suffer the Leased Property to be used by the public or any Person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement (provided that the proscription in this clause (v) is not intended to and shall not restrict Tenant in any way from complying with any obligation it may have under applicable Legal Requirements, including, without limitation, Gaming Regulations, to afford to the public access to the Leased Property).
Zoning and Uses. Borrower shall not do any of the following without the prior written consent of Lender:
(i) initiate or support any limiting change in the permitted uses of any of the Properties (or to the extent applicable, zoning reclassification of any of the Properties) or any portion thereof, seek any variance under existing land use restrictions, laws, rules or regulations (or, to the extent applicable, zoning ordinances) applicable to a Property, or use or permit the use of a Property in a manner that would result in the use of such Property first becoming a nonconforming use under applicable land-use restrictions or zoning ordinances or that would violate any of the material terms of any Lease, Material Agreement or Legal Requirement (and if under applicable zoning ordinances the use of all or any portion of any Property is a nonconforming use, Borrower shall not cause or permit such nonconforming use to be discontinued or abandoned);
(ii) execute or file any subdivision plat affecting any of the Properties, or institute, or permit the institution of, proceedings to alter any tax lot comprising any of the Properties; or
(iii) permit or consent to any of the Properties being used by the public or any Person in such manner as might reasonably make possible a valid claim of adverse usage or possession or of any implied dedication or easement.
Zoning and Uses. Neither Borrower Party shall do any of the following:
(i) initiate or support any limiting change in the permitted uses of the Property (or to the extent applicable, zoning reclassification of the Property) or any portion thereof, seek any variance under existing land use restrictions, laws, rules or regulations (or, to the extent applicable, zoning ordinances) applicable to the Property, or use or permit the use of the Property in a manner that would result in the use of the Property becoming a nonconforming use under applicable land-use restrictions or zoning ordinances or that would violate the terms of any Lease, operating agreement, Legal Requirement or Senior Permitted Encumbrance;
(ii) consent to any Modification to any of the terms of any Permitted Encumbrance in a manner materially adverse to the interests of Lender or that adversely affects in any material respect the value, utility or transferability of the Property;
(iii) impose or consent to the imposition of any restrictive covenants, easements or encumbrances upon the Property in any manner that adversely affects in any material respect its value, utility or transferability; or
(iv) execute or file any subdivision plat affecting the Property, or institute, or permit the institution of, proceedings to alter any tax lot comprising the Property.
Zoning and Uses. (a) Landlord acknowledges that as of the Effective Date, the Casino Hotel Property is not zoned for its Primary Intended Use, and Tenant is seeking a planned development amendment in order to allow for Tenant to operate the Casino Hotel Land for the Primary Intended Use (the “Planned Development Amendment”). Lxxxxxxx agrees to reasonably cooperate, at no unreimbursed cost or expense to Landlord, with Txxxxx’s efforts to obtain the Planned Development Amendment, including the execution and delivery of any forms, applications or other deliverables required in connection with obtaining the Planned Development Amendment, provided that Landlord shall not be required to incur or be subject to any liability or obligation pursuant thereto.
(b) From and after the date Tenant obtains the Planned Development Amendment, except in connection with the construction of the Planned Improvements in accordance with the terms of this Lease, without the prior written consent of Landlord, Tenant shall not (i) initiate or support any limiting change in the permitted uses of the Project (or to the extent applicable, limiting zoning reclassification of the Project); (ii) seek any variance under existing land use restrictions, laws, rules or regulations (or, to the extent applicable, zoning ordinances) applicable to the Project or use or permit the use of the Project; (iii) impose or permit or suffer the imposition of any restrictive covenants, easements or encumbrances (other than Permitted Leasehold Mortgages) upon the Project in any manner that adversely affects in any material respect the value or utility of the Project; (iv) execute or file any subdivision plat affecting the Project, or institute, or permit the institution of, proceedings to alter any tax lot comprising the Property; or (v) permit or suffer the Project to be used by the public or any Person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement (provided that the proscription in this clause (v) is not intended to and shall not restrict Tenant in any way from complying with any obligation it may have under applicable Legal Requirements, including, without limitation, Gaming Regulations, to afford to the public access to the Project); provided, however, that notwithstanding the foregoing, Lxxxxxxx’s consent to the foregoing shall not be required if the applicable action is not reasonably likely to materially reduce the value of the Project; provided ...
Zoning and Uses. No Borrower shall, and shall cause each Subsidiary Owner to not, do or permit any of the following without the prior written consent of the Requisite Lenders:
(a) initiate or support any limiting change in the permitted uses of any Hotel Property (or, to the extent applicable, zoning reclassification of any Hotel Property) or any portion thereof, seek any variance under existing land use restrictions, laws, rules or regulations (or, to the extent applicable, zoning ordinances) applicable to any Hotel Property, or use or permit the use of any Hotel Property in a manner that would result in the use of such Hotel Property becoming a nonconforming use under applicable land-use restrictions or zoning ordinances or that would violate the terms of any Contractual Obligation or applicable law (and if under applicable zoning ordinances the use of all or any portion of any Hotel Property is a nonconforming use, the Borrowers shall not cause or permit such nonconforming use to be discontinued or abandoned);
(b) impose or consent to the imposition of any restrictive covenants, easements or encumbrances upon any Hotel Property, not already in effect, in any manner that would be reasonably likely to have a Material Adverse Effect;
(c) execute or file any subdivision plat affecting Hotel Property, or institute, or permit the institution of, proceedings to alter any tax lot comprising any Hotel Property; or
(d) permit or consent to any Hotel Property being used by the public or any Person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement.
Zoning and Uses. Borrower shall not do any of the following without the prior written consent of Lender:
(i) initiate or support any limiting change in the permitted uses of the Property (or to the extent applicable, zoning reclassification of the Property) or any portion thereof, seek any variance under existing land use restrictions, laws, rules or regulations (or, to the extent applicable, zoning ordinances) applicable to the Property, or use or permit the use of the Property in a manner that would result in the use of the Property becoming a nonconforming use under applicable land-use restrictions or zoning ordinances or that would violate the terms of any Lease, Material Agreement or Legal Requirement (and if under applicable zoning ordinances the use of all or any portion of the Property is a nonconforming use, Borrower shall not cause or permit such nonconforming use to be discontinued or abandoned);
(ii) execute or file any subdivision plat affecting the Property, or institute, or permit the institution of, proceedings to alter any tax lot comprising the Property; or
(iii) permit or consent to the Property being used by the public or any Person in such manner as might make possible a claim of adverse usage or possession or of any implied dedication or easement.
Zoning and Uses. (a) To the knowledge of a Responsible Officer of the Borrower, the existing uses by the Group Parties of each Material Freehold Interest and each Material Leasehold Interest comply in all material respects with all Applicable Laws.
(b) To the knowledge of a Responsible Officer of the Borrower, each Material Freehold Interest and each Material Leasehold Interest complies with all municipal, zoning and parking requirements under Applicable Laws in all material respects.
(c) No Credit Party has received notice of any proposed rezoning of all or any part of any Material Freehold Interest or any Material Leasehold Interest.
(d) No Credit Party has received notice of any expropriation of all or any part of any Material Freehold Interest or any Material Leasehold Interest.
Zoning and Uses. (i) To the Borrowers’ knowledge, the existing use of the Secured Property by the Beneficial Owner complies in all material respects with all Applicable Laws.
(ii) To the Borrowers’ knowledge, the Secured Property complies with all municipal, zoning and parking requirements under Applicable Laws.
(iii) No Credit Party has received notice of any proposed rezoning of all or any part of the Secured Property.
(iv) No Credit Party has received notice of any expropriation of all or any part of the Secured Property.
Zoning and Uses. No Borrower shall do any of the following with respect to any of the Properties without the prior written consent of Lender (such consent not to be unreasonably withheld, delayed or conditioned), except, as to clause (ii) below, to the extent the same is commercially reasonable and not reasonably expected to have a Material Adverse Effect:
(i) initiate or support any limiting change in the permitted uses of any of the Properties (or to the extent applicable, zoning reclassification of any of the Properties) or any portion thereof, seek any material variance under existing land use restrictions, laws, rules or regulations (or, to the extent applicable, zoning ordinances) applicable to a Property, or use or permit the use of a Property in a manner that would result in the use of such Property becoming a nonconforming use (other than a legal nonconforming use) in any material respect under applicable land-use restrictions or zoning ordinances or that would violate the terms of any Lease, Material Agreement or Legal Requirement in any material respect;
(ii) consent to any modification, amendment or supplement to any of the terms of, or materially default in its obligations under, any Permitted Encumbrance, to the extent the same would result in a Material Adverse Effect;
(iii) impose or consent to the imposition of any restrictive covenants, easements or encumbrances upon a Property in any manner that adversely affects in any material respect its value, utility or transferability;
(iv) execute or file any subdivision plat affecting any of the Properties, or institute, or permit the institution of, proceedings to alter any tax lot comprising any of the Properties;
(v) amend, modify, surrender, terminate or waive any material rights or remedies under, or enter into, or default (beyond applicable grace, cure or notice periods) in its material obligations under, any Material Agreement in any manner that might diminish (x) the value of the applicable Property or Properties or (y) the rights of any Borrower or Lender thereunder;
(vi) amend, modify, surrender, terminate (or allow to terminate, including by failure to exercise an extension option) or waive any material rights or remedies under, or enter into, or default (beyond applicable grace, cure or notice periods) in its material obligations under, any Ground Lease in any manner that might diminish (x) the value of the applicable Property or Properties or (y) the rights of any Borrower or Property Owner or Lender...
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