Examples of Material Operating Agreement in a sentence
Within ten (10) days after execution of any Material Operating Agreement or any amendment, modification, restatement, extension, renewal or supplement of any Material Operating Agreement or termination of any Material Operating Agreement, the Borrower shall deliver to the Agent a complete copy of such Material Operating Agreement, amendments, modifications, restatements, extensions, renewals or supplements.
Promptly following the occurrence thereof, notification of any material changes in any Material Operating Agreement to the extent same has or would reasonably be likely to have a Material Adverse Effect.
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.
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.
The Borrower shall not pledge, transfer, assign any Material Operating Agreement except to the Agent as provided herein or in the Loan Documents.
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.
To Borrower’s Knowledge, there are no offsets, claims or defenses to the enforcement by Borrower of the Asset Management Agreement, if any, the Property Documents, any Material Operating Agreement or Permitted Encumbrance presently outstanding and Borrower has not received a notice of default under the Asset Management Agreement, the Property Documents, any Material Operating Agreement or any Permitted Encumbrance.
Whenever this Agreement requires the Required Lenders to consent to an action or proposed action to be taken by the Borrower relating solely to a Material Operating Agreement, unless this Agreement expressly provides otherwise, such consent (i) shall not be unreasonably withheld or delayed and (ii) shall be deemed to have been given by the Required Lenders if the Required Lenders have not responded to the request for consent within 30 days of receipt thereof.
Promptly following the occurrence thereof, notification of any material changes in any Material Operating Agreement.
No default or failure of performance in any material respect by Loan Parties exists under the Management Agreement, any Material Operating Agreement in effect as of the Closing Date, the Premises Documents or any Permitted Encumbrance, and each of said documents is in full force and effect.