Common use of Zoning Clause in Contracts

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 124 contracts

Samples: Loan Agreement (Lazydays Holdings, Inc.), Loan Agreement (OVERSTOCK.COM, Inc), Loan Agreement (Broad Street Realty, Inc.)

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Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 37 contracts

Samples: Commercial Loan Agreement (Red Oak Capital Fund V, LLC), Commercial Loan Agreement (Red Oak Capital Fund V, LLC), Commercial Loan Agreement (Red Oak Capital Fund IV, LLC)

Zoning. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 26 contracts

Samples: Mezzanine Loan Agreement (Harrahs Entertainment Inc), Mezzanine Loan Agreement (Harrahs Entertainment Inc), Mezzanine Loan Agreement (Harrahs Entertainment Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 18 contracts

Samples: Loan Agreement (Strategic Storage Trust, Inc.), Loan Agreement (U-Store-It Trust), Loan Agreement (Sunstone Hotel Investors, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 12 contracts

Samples: Loan Agreement (Strategic Realty Trust, Inc.), Loan Agreement (Hartman Short Term Income Properties XX, Inc.), Loan Agreement (Maguire Properties Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case, without the prior written consent of Lender.

Appears in 12 contracts

Samples: Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 10 contracts

Samples: Loan Agreement (VICI Properties L.P.), Loan Agreement (MGM Growth Properties Operating Partnership LP), Loan Agreement (Strategic Storage Trust II, Inc.)

Zoning. No Borrower shall not cause or permit any Mortgage Borrower to initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case, without the prior consent of LenderLender not to be unreasonably withheld.

Appears in 9 contracts

Samples: First Mezzanine Loan Agreement (Morgans Hotel Group Co.), Mezzanine Loan Agreement (Morgans Hotel Group Co.), Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

Zoning. Borrower shall not (i) initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or (ii) use or permit the use of any portion of the Property Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case without the prior written consent of Lender.

Appears in 8 contracts

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

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 7 contracts

Samples: Loan Agreement (Net Lease Office Properties), Loan Agreement (W. P. Carey Inc.), Loan Agreement (Strategic Storage Trust, Inc.)

Zoning. The Borrower shall not initiate or consent to any zoning reclassification of any portion of the Mortgaged Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Mortgaged Property in any manner that could result in such the use becoming a non-conforming nonconforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 7 contracts

Samples: Master Credit Facility Agreement (United Dominion Realty Trust Inc), Master Credit Facility Agreement (United Dominion Realty Trust Inc), Master Credit Facility Agreement (United Dominion Realty Trust Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulationApplicable Law, without the prior written consent of Lender.

Appears in 7 contracts

Samples: Loan Agreement (Netreit, Inc.), Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Meristar Hospitality Corp)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulationApplicable Law, without the prior written consent of Lender.

Appears in 6 contracts

Samples: Loan Agreement (CaliberCos Inc.), Loan Agreement (Eldorado Resorts, Inc.), Loan Agreement (Piedmont Office Realty Trust, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender, such consent not to be unreasonably withheld, conditioned or delayed.

Appears in 6 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case, without the prior consent of Lender.

Appears in 6 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Zoning. Borrower shall not and shall cause each Borrower TRS not to initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 6 contracts

Samples: Loan Agreement (American Homes 4 Rent), Loan Agreement (Starwood Waypoint Residential Trust), Loan Agreement (American Homes 4 Rent)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could is reasonably expected to result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 6 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Zoning. Borrower shall not cause or permit Mortgage Borrower to (i) initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or (ii) use or permit the use of any portion of the Property Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case without the prior written consent of Lender.

Appears in 6 contracts

Samples: Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Senior Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

Zoning. Except as would not have a material adverse effect on Borrower’s ability to perform its obligations hereunder, Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 5 contracts

Samples: Loan Agreement (Americold Realty Trust), Loan Agreement (Americold Realty Trust), Loan Agreement (Americold Realty Trust)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender, which consent shall not be unreasonably withheld or delayed.

Appears in 5 contracts

Samples: Loan Agreement (Hines Global REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Zoning. Borrower Borrowers shall not initiate or consent to any zoning reclassification of any portion of the any Collateral Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Collateral Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulationLaw, without the prior written consent of LenderAdministrative Agent.

Appears in 5 contracts

Samples: Credit Agreement (FelCor Lodging LP), Revolving Credit Agreement (FelCor Lodging Trust Inc), Revolving Credit Agreement (FelCor Lodging LP)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 5 contracts

Samples: Loan Agreement (Carter Validus Mission Critical REIT II, Inc.), Loan Agreement (TNP Strategic Retail Trust, Inc.), Loan Agreement (TNP Strategic Retail Trust, Inc.)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 5 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Zoning. Borrower shall not cause Mortgage Borrower to initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming nonconforming use under any zoning ordinance or any other applicable land use law, rule or regulation, Applicable Law without the prior written consent of Lender.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Archstone Smith Operating Trust), Mezzanine Loan Agreement (Archstone Smith Operating Trust), Mezzanine Loan Agreement (Archstone Smith Operating Trust)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 4 contracts

Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Supertel Hospitality Inc), Loan Agreement (Humphrey Hospitality Trust Inc)

Zoning. Borrower shall not, and shall not permit Operating Company to, initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 4 contracts

Samples: Loan Agreement, Loan Agreement (Harrahs Entertainment Inc), Loan Agreement (Harrahs Entertainment Inc)

Zoning. Borrower shall not initiate or consent to (or permit Owner to initiate or consent to) any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender, which consent shall not be unreasonably withheld or delayed.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Zoning. Subject to the rights of Major Tenant under the Major Tenant Lease, Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 4 contracts

Samples: Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.), Loan Agreement (Rodin Global Property Trust, Inc.)

Zoning. Borrower shall not permit Mortgage Borrower to, initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Maguire Properties Inc), Mezzanine Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties Inc)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of any of the Property Properties or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any of the Property Properties, in each of the foregoing cases in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 4 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

Zoning. Borrower shall not and shall cause each Borrower TRS not to initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Property in any manner that could result in such use becoming a non-conforming non‑conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 4 contracts

Samples: Loan Agreement (Colony Starwood Homes), Loan Agreement (Colony Starwood Homes), Loan Agreement (Colony Starwood Homes)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case, without the prior consent of LenderLender not to be unreasonably withheld.

Appears in 4 contracts

Samples: Loan Agreement (Bref Hr, LLC), Loan Agreement (Hard Rock Hotel Holdings, LLC), Loan Agreement (Hard Rock Hotel Holdings, LLC)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of the any Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case, without the prior written consent of Lender.

Appears in 3 contracts

Samples: Loan Agreement (Assisted 4 Living, Inc.), Loan Agreement (Global Medical REIT Inc.), Loan Agreement (Global Medical REIT Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of LenderLender not to be unreasonably withheld.

Appears in 3 contracts

Samples: Loan Agreement (Pebblebrook Hotel Trust), Loan Agreement (FelCor Lodging Trust Inc), Loan Agreement (FelCor Lodging Trust Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance (other than in the ordinary course of business) under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 3 contracts

Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming nonconforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender, not to be unreasonably withheld.

Appears in 3 contracts

Samples: Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Reckson Operating Partnership Lp)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the Mortgaged Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Mortgaged Property in any manner that could result in such the use becoming a non-conforming nonconforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 3 contracts

Samples: Term Loan Agreement (McNeil Real Estate Fund Xxvi Lp), Term Loan Agreement (Goldman Sachs Group Inc), Term Loan Agreement (Goldman Sachs Group Inc)

Zoning. Borrower shall not, and shall not permit Borrower TRS to, initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under any existing zoning ordinance or use or knowingly permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use of any Property under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 3 contracts

Samples: Loan Agreement (Altisource Residential Corp), Loan Agreement (Altisource Residential Corp), Loan Agreement (Altisource Residential Corp)

Zoning. Borrower shall not cause Mortgage Borrower to initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 3 contracts

Samples: Loan Agreement (Highland Hospitality Corp), Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.), Junior Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Collateral Pool Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Collateral Pool Property in any manner that could result in such the use becoming a non-conforming nonconforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 3 contracts

Samples: Credit Agreement (Mid America Apartment Communities Inc), Credit Agreement (Mid America Apartment Communities Inc), Credit Agreement (Mid America Apartment Communities Inc)

Zoning. Borrower shall not not, and shall cause Master Tenant to not, initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 3 contracts

Samples: Loan Agreement (Moody National REIT II, Inc.), Loan Agreement (Moody National REIT II, Inc.), Loan Agreement (Moody National REIT II, Inc.)

Zoning. Borrower shall not (i) initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or (ii) use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case without the prior written consent of Lender.

Appears in 3 contracts

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

Zoning. Neither Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property Properties or any portion thereof or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of the Property Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case, without the prior consent of Lender.

Appears in 3 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of any of the Property Individual Properties or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any of the Property Individual Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 3 contracts

Samples: Loan Agreement (Host Marriott L P), Loan Agreement (Host Marriott Corp/), Loan Agreement (Hilton Hotels Corp)

Zoning. Borrower shall not allow Mortgage Borrower or Baltimore Owner to initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (Wyndham International Inc), Mezzanine Loan Agreement (Wyndham International Inc), Mezzanine Loan Agreement (Wyndham International Inc)

Zoning. Borrower shall not allow Mortgage Borrower or Property Owner to initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (ESH Hospitality LLC), Mezzanine Loan Agreement (ESH Hospitality LLC), Mezzanine Loan Agreement (ESH Hospitality LLC)

Zoning. Neither Borrower nor Operating Lessee shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 3 contracts

Samples: Loan Agreement (Ashford Hospitality Prime, Inc.), Loan Agreement (BRE Select Hotels Corp), Loan Agreement (Supertel Hospitality Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could is reasonably likely to result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of LenderAdministrative Agent, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 3 contracts

Samples: Senior Loan Agreement (Pacific Oak Strategic Opportunity REIT, Inc.), Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Senior Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Zoning. Borrower shall not permit Mortgage Borrower to initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (Global Income Trust, Inc.), Mezzanine Loan Agreement (Telx Group, Inc.), Mezzanine Loan Agreement (Telx Group, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could reasonably be expected to result in such use becoming a non-conforming nonconforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 3 contracts

Samples: Loan Agreement (Global Net Lease, Inc.), Loan Agreement (Necessity Retail REIT, Inc.), Loan Agreement (Healthcare Trust, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender, not to be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Samples: Loan Agreement (Procaccianti Hotel Reit, Inc.), Loan Agreement (Procaccianti Hotel Reit, Inc.)

Zoning. Except as expressly set forth in the Business Plan and the Predevelopment Budget, Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming non‑conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Ambase Corp), Loan Agreement (Ambase Corp)

Zoning. Neither Borrower nor Operating Tenant shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.), Loan Agreement (Ashford Hospitality Trust Inc)

Zoning. . Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Zoning. Borrower Borrowers shall not and shall not cause or permit Mortgage Borrowers to initiate or consent to any zoning reclassification of any portion of the Property Properties or any portion thereof or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of the Property Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of all or any portion of the its Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Servico Market Center Inc), Loan Agreement (Servico Market Center Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the such Individual Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)

Zoning. Borrower shall not (i) initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or (ii) use or knowingly permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming non‑conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case without the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Samples: Loan Agreement (Griffin Capital Essential Asset REIT II, Inc.), Loan Agreement (Griffin Capital Essential Asset REIT, Inc.)

Zoning. No Individual Borrower shall not initiate or consent to any zoning reclassification of any portion of the any of any Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any of the Property Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Zoning. Borrower shall not permit or cause Mortgage Borrower to initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulationApplicable Law, without the prior written consent of Lender.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Meristar Hospitality Corp), Mezzanine Loan Agreement (Meristar Hospitality Operating Partnership Lp)

Zoning. No Individual Borrower shall not initiate or consent to any zoning reclassification of any portion of the its Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the such Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 2 contracts

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

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Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming non‑conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Ionis Pharmaceuticals Inc), Loan Agreement (American Realty Capital Daily Net Asset Value Trust, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the its Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the such Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

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

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender, not to be unreasonably withheld.

Appears in 2 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of LenderLender (such consent not to be unreasonably withheld, conditioned or delayed).

Appears in 2 contracts

Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Zoning. Borrower shall not cause or permit Mortgage Borrower or Operating Lessee to initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (BRE Select Hotels Corp), Mezzanine Loan Agreement (BRE Select Hotels Corp)

Zoning. The Borrower shall not initiate or consent to any zoning ------ reclassification of any portion of the Mortgaged Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Mortgaged Property in any manner that could result in such the use becoming a non-conforming nonconforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Master Credit Facility Agreement (United Dominion Realty Trust Inc), Master Credit Facility Agreement (United Dominion Realty Trust Inc)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the related Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the related Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

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

Zoning. Borrower shall not initiate or consent to (or permit Owner to initiate or consent to) any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (OVERSTOCK.COM, Inc), Mezzanine Loan Agreement (Morgans Hotel Group Co.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Samples: Loan Agreement (American Realty Capital - Retail Centers of America, Inc.), Loan Agreement (New Plan Excel Realty Trust Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could reasonably be expected to result in such use becoming a non-conforming nonconforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Global Net Lease, Inc.), Loan Agreement (Healthcare Trust, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of LenderAgent (not to be unreasonably withheld, conditioned or delayed).

Appears in 2 contracts

Samples: Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could reasonably be expected to result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property its Project or seek any variance under any existing zoning ordinance or use or knowingly permit the use of any portion of the Property its Project in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of LenderBank.

Appears in 2 contracts

Samples: Loan Agreement (City Office REIT, Inc.), Loan Agreement (City Office REIT, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender, which shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Samples: Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulationregulation or materially change the use of any Individual Property, without the prior written consent of LenderAdministrative Agent.

Appears in 2 contracts

Samples: Loan Agreement (Excel Trust, L.P.), Loan Agreement (Excel Trust, L.P.)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Property in any manner that could reasonably be expected to result in such use becoming a non-conforming non‑conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.), Loan Agreement (American Finance Trust, Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of any of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming non‑conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Soho House & Co Inc.), Loan Agreement (MPG Office Trust, Inc.)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of all or any portion of the its Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any such Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Lodgian Inc), Loan Agreement (Servico Market Center Inc)

Zoning. Borrower shall not initiate or cause Mortgage Borrower to initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Zoning. Borrower shall not, and shall not allow Senior Borrower to, initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (W. P. Carey Inc.), Mezzanine Loan Agreement (Net Lease Office Properties)

Zoning. Borrower shall not (i) initiate or consent to any zoning reclassification of any portion of the Property or seek any variance (other than in the ordinary course of business) under any existing zoning ordinance or (ii) use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming non‑conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case without the prior written consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Zoning. Borrower shall not initiate or cause any Mortgage Borrower to initiate or consent to any zoning reclassification of any portion of the Property or Properties owned by such Mortgage Borrower or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of the Property or Properties owned by such Mortgage Borrower in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case, without the prior written consent of Lender.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Cole Credit Property Trust Inc), Mezzanine Loan Agreement (Cole Credit Property Trust III, Inc.)

Zoning. No Individual Borrower shall not initiate or consent to any zoning reclassification of any portion of the its Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the such Individual Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 2 contracts

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

Zoning. Borrower shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could is reasonably likely to result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 2 contracts

Samples: Junior Mezzanine Loan Agreement (Ashford Hospitality Prime, Inc.), Senior Mezzanine Loan Agreement (Ashford Hospitality Prime, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender; provided, however, this Section 5.17 shall not prevent the continued use of any Individual Property as a "legal, non-conforming" use.

Appears in 2 contracts

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

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Property in any manner that could result in such use becoming a non-conforming non‑conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (GTJ Reit, Inc.), Loan Agreement (Parking REIT, Inc.)

Zoning. Borrower shall not permit Mortgage Borrower to initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement, Mezzanine Loan Agreement (TNP Strategic Retail Trust, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Samples: Loan Agreement (Wyndham International Inc), Loan Agreement (Kindercare Learning Centers Inc /De)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulationApplicable Law, without the prior written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Zoning. Borrower shall not, and shall not permit Mortgage Borrower or Operating Lessee to, initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Strategic Hotels & Resorts, Inc), Mezzanine Loan Agreement (Strategic Hotels & Resorts, Inc)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or Properties owned by such Borrower or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of the Property or Properties owned by such Borrower in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, in each case, without the prior written consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust Inc), Loan Agreement (Cole Credit Property Trust III, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Real Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Real Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Global Medical REIT Inc.)

Zoning. No Borrower shall not (a) initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under applicable zoning laws that would limit the permitted uses on any existing portion of such Property under applicable zoning ordinance laws, or (b) use or permit the use of any portion of the such Property in any manner that could result in such use becoming a non-conforming use would not be permitted under any applicable zoning ordinance laws or any other applicable land use law, rule or regulation, in each case, without the prior consent Approval of Lenderthe Agent.

Appears in 1 contract

Samples: Loan Agreement (Plymouth Industrial REIT Inc.)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the a Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender, provided that the foregoing shall not be deemed to restrict a Tenant from engaging in activities which are permitted under the express terms of its Lease.

Appears in 1 contract

Samples: Loan Agreement (Industrial Logistics Properties Trust)

Zoning. Each of Borrower and Owner shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could reasonably be expected to result in such use becoming a non-conforming use under any applicable zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capitalsource Inc)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property owned by such Borrower or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the such Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of LenderAgent.

Appears in 1 contract

Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Mortgaged Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Mortgaged Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (AppHarvest, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of LenderLender (such consent not to be unreasonably withheld or delayed).

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

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