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 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 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-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 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), Senior Mezzanine Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties Inc)

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 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 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, in its sole discretion. Borrower shall not seek any variance under any existing zoning ordinance, other than commercially reasonable variances sought in connection with the expansion of the Improvements on any Individual Property or the use thereof, without Lender's consent, in its sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)

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 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 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 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. 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 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. 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.)

Zoning. Borrower shall not permit 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 LenderAgent.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Skilled Healthcare Group Inc)

Zoning. Subject to Section 7.6, 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 1 contract

Samples: Loan Agreement (Ashworth 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 written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Sunstone Hotel Investors, 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 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 (Reckson Operating Partnership Lp)

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Zoning. No 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 1 contract

Samples: Loan Agreement (Horizon Group Properties Inc)

Zoning. 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 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 as to any such non-conforming use.

Appears in 1 contract

Samples: Loan Agreement (Ramco Gershenson Properties Trust)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any of its Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any of its 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 (Grove Property Trust)

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 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 1 contract

Samples: Master Reimbursement Agreement (Avalon Properties Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the a Borrowing Base Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property Borrowing Base 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 (GTJ REIT, Inc.)

Zoning. Borrower and each Individual 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 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 (Capstar Hotel Co)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property 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 written consent of LenderAdministrative Agent (not to be unreasonably withheld, conditioned or delayed).

Appears in 1 contract

Samples: Loan Agreement (KBS Growth & Income REIT, Inc.)

Zoning. 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 any manner that could result in such that 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 (Malan Realty Investors 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 45 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 1 contract

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

Zoning. Borrower shall cause Mortgage Borrower not 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 which would have a Material Adverse Effect, 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.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capital Lodging)

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 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 1 contract

Samples: Loan Agreement (RFS Partnership Lp)

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 which would have a Material Adverse Effect, 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.

Appears in 1 contract

Samples: Loan Agreement (Capital Lodging)

Zoning. Borrower shall not initiate or consent to any zoning reclassification rectification 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 1 contract

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

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