Common use of Zoning and Uses Clause in Contracts

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. No Borrower shall, and shall cause each Subsidiary Owner to not, not do or permit any of the following without the prior written consent of the Requisite LendersLender, which consent shall not be unreasonably withheld: (a) initiate or support any limiting change in the permitted uses of any Hotel Property of the Properties (or, or to the extent applicable, zoning reclassification of any Hotel Propertyof 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 any Hotel a Property, or use or permit the use of any Hotel a 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 Lease, Material Agreement, Permitted Encumbrance, or applicable law Legal Requirement (and if under applicable zoning ordinances the use of all or any portion of any Hotel Property is a nonconforming use, the Borrowers Borrower shall not cause or permit such nonconforming use to be discontinued or abandonedabandoned without the express written consent of Lender); (b) consent to any modification, amendment or supplement to any of the terms of, or materially default in its obligations under, any Permitted Encumbrance; (c) 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 EffectProperty other than Permitted Encumbrances; (cd) execute or file any subdivision plat affecting Hotel Propertyany of the Properties, or institute, or permit the institution of, proceedings to alter any tax lot comprising any Hotel Propertyof the Properties; or (de) permit or consent to any Hotel Property of the Properties 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. No Borrower shall, and shall cause each Subsidiary Owner to not, not do or permit any of the following without the prior written consent of the Requisite LendersLender: (a) initiate or support any limiting change in the permitted uses of any Hotel the Property (or, or to the extent applicable, zoning reclassification of any Hotel 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 any Hotel the Property, or use or permit the use of any Hotel the Property in a manner that would result in the use of such Hotel the Property becoming a nonconforming use under applicable land-use restrictions or zoning ordinances or that would violate the terms of any Contractual Obligation Lease, Material Agreement or applicable law Legal Requirement (and if under applicable zoning ordinances the use of all or any portion of any Hotel the Property is a nonconforming use, the Borrowers Borrower 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 the 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 the Property, or institute, or permit the institution of, proceedings to alter any tax lot comprising any Hotel the Property; or (d) permit or consent to any Hotel Property the Property’s being used by the public or any Person in such manner as might is reasonably likely to make possible a claim of adverse usage or possession or of any implied dedication or easement.

Zoning and Uses. No Borrower shall, and shall cause each Subsidiary Owner to not, not do or permit any of the following without the prior written consent of the Requisite Lendersfollowing: (ai) initiate or support any limiting change in the permitted uses of any Hotel Property of the Mortgaged Properties (or, or to the extent applicable, zoning reclassification of any Hotel Propertyof the Mortgaged 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 any Hotel Mortgaged Property, or use or permit the use of any Hotel Mortgaged Property in a manner that would result in the use of such Hotel Mortgaged Property becoming a nonconforming use under applicable land-use restrictions or zoning ordinances or that would violate the terms of any Contractual Obligation Major Lease, Legal Requirement or applicable law (and if under applicable zoning ordinances the use of all or any portion of any Hotel Property is Permitted Encumbrance in a nonconforming use, the Borrowers shall not cause or permit such nonconforming use to be discontinued or abandoned)manner that would have a Material Adverse Effect; (bii) consent to any modification, amendment or supplement to any of the terms of any Permitted Encumbrance in a manner that would have a Material Adverse Effect, or default in any of its material obligations under a Permitted Encumbrance; (iii) impose or consent to the imposition of any restrictive covenants, easements or encumbrances upon any Hotel Property, not already in effect, a Mortgaged Property in any manner that would be reasonably likely to have a Material Adverse Effect; (civ) execute or file any subdivision plat affecting Hotel Propertythe Mortgaged Properties, or institute, or permit the institution of, proceedings to alter any tax lot comprising any Hotel Propertythe Mortgaged Properties, if same would have a Material Adverse Effect; or (dv) permit or consent to any Hotel Property of the Mortgaged Properties 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. No Other than in connection with any Excluded Hotel Sales, 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.