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 any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 (Koger Equity Inc)
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 any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, and shall not cause or permit any Mortgage Borrower or Operating Company to, to initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, in each case, without the prior consent of LenderLender not to be unreasonably withheld.
Appears in 9 contracts
Samples: Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), First Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)
Zoning. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, (i) initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or (ii) use or permit the use of any portion of any Individual Property the 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 (W. P. Carey Inc.), Loan Agreement (Net Lease Office Properties), Loan Agreement (Strategic Storage Trust, Inc.)
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 any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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. The Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Mortgaged Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 Reimbursement Agreement (Mid America Apartment Communities Inc), Master Credit Facility Agreement (Mid America Apartment Communities Inc)
Zoning. Borrower shall not, not and shall cause each Borrower TRS not permit Mortgage Borrower or Operating Company to, to initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 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, and shall not cause or permit Mortgage Borrower or Operating Company to, to (i) initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or (ii) use or permit the use of any portion of any Individual Property the 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. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of any Individual 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), First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)
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 any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 shall not, and Borrowers shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Collateral Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. Except as would not have a material adverse effect on Borrower’s ability to perform its obligations hereunder, Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, and shall not permit cause Mortgage Borrower or Operating Company to, to initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 (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 Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, not and shall cause each Borrower TRS not permit Mortgage Borrower or Operating Company to, to initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, 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. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to (or permit Owner to initiate or consent to) any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. No Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property of the Properties or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual Property of the 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. No Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, 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 (Morgans Hotel Group Co.), Loan Agreement (Hard Rock Hotel Holdings, LLC)
Zoning. No Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Mortgaged Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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.), Senior Loan Agreement (KBS Strategic Opportunity REIT, Inc.), Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
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 any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, (i) initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or (ii) use or permit the use of any portion of any Individual 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 nor Operating Lessee shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, and shall not permit allow Mortgage Borrower or Operating Company to, Baltimore Owner to initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, and shall not permit Mortgage Borrower or Operating Company TRS to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or knowingly permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. Borrower shall not, and shall not permit allow Mortgage Borrower or Operating Company to, Property Owner to initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of 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, 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, and shall not permit cause Mortgage Borrower or Operating Company to, to initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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: Junior Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.), Loan Agreement (Highland Hospitality Corp), Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.)
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 any of the Individual Property Properties or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any of the Individual 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 3 contracts
Samples: Loan Agreement (Host Marriott L P), Loan Agreement (Host Marriott Corp/), Loan Agreement (Hilton Hotels Corp)
Zoning. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company tocause Master Tenant to not, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, to initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. Except as expressly set forth in the Business Plan and the Predevelopment Budget, Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, to initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 Borrowers shall not, not and shall not cause or permit Mortgage Borrower or Operating Company to, Borrowers to initiate or consent to any zoning reclassification of any portion of the Properties or any Individual Property portion thereof or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of any Individual Property the 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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. Borrower shall not, and shall not permit or cause Mortgage Borrower or Operating Company to, to initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 Operating Partnership Lp), Mezzanine Loan Agreement (Meristar Hospitality Corp)
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 any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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. No Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual 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 any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, (i) initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or (ii) use or knowingly permit the use of any portion of 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 Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any the related Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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, and shall not cause or permit Mortgage Borrower or Operating Company to, Lessee to initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property its Project or seek any variance under any existing zoning ordinance or use or knowingly permit the use of any portion of any Individual 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. No Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. Borrower shall not, and shall Shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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: Master Loan Agreement (Asbury Automotive Group Inc), Master Loan Agreement (Asbury Automotive Group Inc)
Zoning. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to (or permit Owner to initiate or consent to) any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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, and shall not permit Mortgage Borrower or Operating Company Lessee to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. No Individual Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any its Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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. The Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning ------ reclassification of any portion of any Individual Mortgaged Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. Borrower shall not, and shall not permit initiate or cause any Mortgage Borrower or Operating Company to, to initiate or consent to any zoning reclassification of any portion of any Individual 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 any Individual 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. . Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual Property the 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. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. Neither Borrower nor Operating Tenant shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. No Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of all or any portion of any its Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 (Servico Market Center Inc), Loan Agreement (Lodgian Inc)
Zoning. Borrower shall not, and shall not permit initiate or cause Mortgage Borrower or Operating Company to, to initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 permit Mortgage allow Senior Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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, and shall not permit Mortgage Borrower or Operating Company to, (i) initiate or consent to any zoning reclassification of any portion of any Individual 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 any Individual 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, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of all or any portion of any Individual its Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. No Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 1 contract
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 any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual the Property in any manner that could would 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 1 contract
Zoning. Borrower shall not, and Borrowers shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any of the Individual Property Properties or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any of the Individual Property Properties 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 LenderLender which shall not be unreasonably withheld or delayed if such action is required to be undertaken by a Borrower pursuant to a Lease that Lender has approved.
Appears in 1 contract
Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)
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 any Individual Underlying Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual Underlying 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 Lenderthe Administrative Agent, which consent shall not be unreasonably withheld, conditioned or delayed.
Appears in 1 contract
Samples: Revolving Credit Loan and Security Agreement (Ashford Hospitality Trust Inc)
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 any Individual the Property or seek any variance under any existing zoning ordinance or ordinance, use or permit the use of any portion of any Individual 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 regulationregulation or amend or modify, or terminate the Zoning Approvals, in each case, without the prior written consent of Lender.
Appears in 1 contract
Samples: Loan Agreement (Howard Hughes Corp)
Zoning. Neither Borrower nor Operating Lessee shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 1 contract
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 any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 1 contract
Zoning. No Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 LenderLender which shall not be unreasonably withheld or delayed.
Appears in 1 contract
Samples: Loan Agreement (Prime Retail Lp)
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 any Individual the Property or seek any variance under any existing zoning ordinance ordinance, or use or permit the use of any portion of any Individual 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 LenderAgent.
Appears in 1 contract
Samples: Building Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
Zoning. Borrower shall not, and shall not permit Mortgage No Individual Borrower or Individual Operating Company to, Lessee shall initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 1 contract
Zoning. Each Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property of the Properties or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual Property of the 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 1 contract
Samples: Loan Agreement (Ventas Inc)
Zoning. No Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, (a) initiate or consent to any zoning reclassification of any portion of any Individual 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 any Individual 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
Zoning. No Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company cause any Owner Party to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 1 contract
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 any Individual the Real Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 1 contract
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 any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 1 contract
Samples: Mezzanine Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)
Zoning. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company Lessee to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 1 contract
Zoning. No Individual Borrower nor Operating Lessee shall not, and shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any its applicable Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of 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 1 contract
Samples: Loan Agreement (New York REIT, Inc.)
Zoning. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company tocause Master Lessee to not, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 1 contract
Zoning. Borrower shall not, and Borrowers shall not permit Mortgage Borrower or Operating Company to, initiate or consent to any zoning reclassification of any portion of any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 1 contract
Zoning. Borrower shall not, and shall not permit Mortgage Borrower or Operating Company to, (i) initiate or consent to any zoning reclassification of any portion of any Individual 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 any Individual 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 1 contract
Samples: Loan Agreement (Sun Communities Inc)
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 any the related Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any 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 1 contract
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 any Individual the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any Individual 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 consent shall not be unreasonably withheld, conditioned or delayed.
Appears in 1 contract
Samples: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)