Examples of Material Operating Agreement in a sentence
IF LENDER FAILS TO RESPOND WITHIN FIVE (5) BUSINESS DAYS OF THE EFFECTIVENESS OF THIS NOTICE THE REQUESTED ACTION WITH RESPECT TO THE MATERIAL OPERATING AGREEMENT WILL BE DEEMED APPROVED”, if Lender shall not so advise of its determination within such five (5) Business Day period (notice by facsimile on the same day being acceptable for this purpose), such proposed Material Operating Agreement or renewal, waiver, amendment, modification or termination thereof shall be deemed approved by Lender.
The Borrower shall use commercially reasonable efforts to enforce or secure the performance of each and every obligation, term, covenant, condition, and agreement to be performed by any party under the terms of the applicable Material Operating Agreement, except where the failure would not reasonably be expected to have a Material Adverse Effect or would result in a material default thereunder.
No Material Operating Agreement, Property Document or Permitted Encumbrance contains any option to purchase or right of first refusal to purchase any of the Mortgaged Properties or any part thereof except as expressly set forth in the Wachovia Leases.
To Seller’s Knowledge, Seller is not in monetary or material non-monetary default of any of its material obligations under any Material Operating Agreement.
Borrower shall keep in full force and effect and not terminate, cancel, surrender, modify, amend or enter into any agreement in substitution for any brokerage or other leasing commission agreement, any Permitted Encumbrance, any Property Document or any Material Operating Agreement, in each case without the prior consent of Agent.
The Borrower shall not pledge, transfer, assign any Material Operating Agreement except to the Agent as provided herein or in the Loan Documents.
Promptly following the occurrence thereof, notification of any material changes in any Material Operating Agreement.
Seller has not received a written notice of any monetary or material non-monetary default, nor has Seller delivered any written notice of any monetary or material non-monetary default to any counterparty, under any Material Operating Agreement which has not been cured or which otherwise remains outstanding.
As of the date hereof, to Borrower’s actual knowledge, no events or circumstances exist which, with or without the giving of notice, the passage of time or both, would be reasonably likely to constitute a default by Borrower (or its Affiliates) or, to Borrower’s actual knowledge, any other party of any material covenant or obligation on the part of any party under any Material Operating Agreement.
No default or failure of performance in any material respect by Borrower exists under any Asset Management Agreement, any Material Operating Agreement, any Property Document or Permitted Encumbrance, and, to Borrower’s Knowledge, each of said documents is in full force and effect.