Examples of Equity Bridge Lender in a sentence
Equity Bridge Lender designates and appoints, irrevocably and coupled with an interest, Senior Lender (and all persons and entities designated by Senior Lender) as Equity Bridge Lender’s true and lawful attorney-in-fact with power to endorse the name of Equity Bridge Lender upon any check or other instrument and to take any action necessary to collect any payment, property, or asset referred to in, or otherwise effectuate the provisions of, this Section 3(d).
Senior Lender will apply any payment, asset, or property so received from Equity Bridge Lender to the Senior Indebtedness in such order, amount (with respect to any asset or property other than immediately available funds), and manner as Senior Lender determines in its sole and absolute discretion.
Without the prior written consent of Senior Lender, Equity Bridge Lender will not commence, or join with any other creditor in commencing, any Bankruptcy Proceeding.
Equity Bridge Lender agrees that its agreement to subordinate under this Agreement will extend to any new mortgage debt which is for the purpose of refinancing all or any part of the Senior Indebtedness (including reasonable and necessary costs associated with the closing and/or the refinancing, and any reasonable increase in proceeds for rehabilitation in the context of a preservation transaction).
Nothing in this Agreement or in any of the Senior Loan Documents or Equity Bridge Loan Documents will be deemed to constitute Senior Lender or Funding Lender as a joint venturer or partner of Equity Bridge Lender.
Accordingly, upon the occurrence of an Equity Bridge Loan Default, Equity Bridge Lender will be deemed to have actual knowledge of a Senior Mortgage Default.
Except for the limitations set forth in the immediately preceding sentence, Senior Lender or Funding Lender may pursue all rights and remedies available to it under the Senior Loan Documents, at law, or in equity, regardless of any Enforcement Action Notice or Enforcement Action by Equity Bridge Lender.
Equity Bridge Lender acknowledges that an Equity Bridge Loan Default constitutes a Senior Mortgage Default.
If Equity Bridge Lender either (i) amends the Equity Bridge Loan Documents in the manner set forth above or (ii) assigns the Equity Bridge Loan without Funding Lender’s consent then such amendment or assignment will be void ab initio and of no effect whatsoever.
Equity Bridge Lender acknowledges that the provisions of this Section 4(b) are fair and reasonable under the circumstances, that Equity Bridge Lender has received a substantial benefit from Senior Lender and Funding Lender having granted their consent to the Equity Bridge Loan, and that Senior Lender and Funding Lender would not have granted such consent without the inclusion of these provisions in this Agreement.