Consent of Borrower. The Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against the Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of the Borrower in the amount of such participation.
Consent of Borrower. The Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against the Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of the Borrower in the amount of such participation. The provisions of this Section 11.04 shall not be construed to apply to (i) any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement where such terms expressly provide for or contemplate non-ratable payments to a Lender or (ii) any payment obtained by a Lender pursuant to Section 2.18 or as consideration for any assignment or participation pursuant to Section 11.06.
Consent of Borrower. The Borrower consents to the foregoing and agrees, to the extent it may effectively do so under applicable law, that any Lender acquiring a participation pursuant to the foregoing arrangements may exercise against the Borrower rights of set-off and counterclaim with respect to such participation as fully as if such Lender were a direct creditor of the Borrower in the amount of such participation. The provisions of this Section 11.04 shall not be construed to apply to (i) any payment made by the Borrower pursuant to and in accordance with the express terms of this Agreement where such terms expressly provide for or contemplate non-ratable payments to a Lender or (ii) any payment obtained by a Lender pursuant to Section 2.18 or as consideration for any assignment or participation pursuant to Section 11.06. For purposes of clause (b) of the definition of Excluded Taxes, a Lender that acquires a participation pursuant to this Section 11.04 shall be treated as having acquired an interest in such participation on the earlier date on which it acquired the applicable interest(s) in the Commitment(s) or Loan(s) to which such participation relates.
Consent of Borrower. Anything contained herein to the contrary notwithstanding, a Supplemental Indenture executed and delivered in accordance with this Article VIII shall not become effective unless and until the Borrower shall consent in writing to the execution and delivery of that Supplemental Indenture.
Consent of Borrower. In the case of an assignment, so long as no Event of Default has occurred and is continuing, Borrower shall have consented to such Assignee (such consent not to be unreasonably withheld, conditioned or delayed), provided, that a Lender may assign or transfer any or all of its interest in the Loans to an Approved Fund without the consent of Borrower.
Consent of Borrower. The Borrower hereby consents to the provisions of this Agreement.
Consent of Borrower. Borrower acknowledges receipt of a copy of this Subordination Agreement, dated November , 2014, by and between XXXXXX & DUNLOP, LLC and THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA and consents to the agreement of the parties set forth in this Agreement. AHC SPECTRUM LLC By: _ Name: Title: Date: [Notary Block for recordation] EXHIBIT A LEGAL DESCRIPTION PREPARED BY AND AFTER RECORDING RETURN TO: Office of the Arlington County Attorney 0000 Xxxxxxxxx Xxxx, Xxxxx 000 Xxxxxxxxx, XX 00000 Attn: Xxxxxx X. Xxxxxx, Assistant County Attorney (For Recorder’s Use) DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT THIS IS A CREDIT LINE DEED OF TRUST The maximum aggregate amount of principal to be secured at any one time under this County Deed of Trust, Assignment of Rents and Leases and Security Agreement is $8,500,000.00. Name of the noteholder secured by this Deed of Trust: THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA, a body politic Address at which communications to the noteholder may be mailed or delivered: Department of Community Planning, Housing and Development 0000 Xxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxx 00000 ATTN: XXXXX XXXXXXXX With a copy to: Office of the County Attorney 0000 Xxxxxxxxx Xxxxxxxxx, Xxxxx 000 Xxxxxxxxx, Xxxxxxxx 00000 ATTN: XXXXXX X. XXXXXX (This Document Serves as a Fixture Filing under Section 9-502 of the Virginia Uniform Commercial Code) Grantor’s Organizational Identification Number: A290233-5 THIS COUNTY DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT (this "County Deed of Trust") is made this day of November, 2014 by AHC SPECTRUM LLC, a Delaware limited liability company whose address is , as grantor ("Grantor"), in favor of XXXXX XXXXXX and XXXXX XXXXX, as trustees, each a resident of Arlington County, Virginia (either of whom may act for both and who are collectively referred to herein as "Trustee"), whose address is c/o Office of the Arlington County Attorney, 0000 Xxxxxxxxx Xxxx., Xxxxx 000, Xxxxxxxxx, Xxxxxxxx 00000, for the benefit of THE COUNTY BOARD OF ARLINGTON COUNTY, VIRGINIA, a body politic, acting through its County Attorney and County Manager, as beneficiary and grantee for purposes of indexing (together with its successors and assigns, the "County")
Consent of Borrower. Borrower acknowledges receipt of a copy of this Subordination Agreement, dated , 2022, by and between XXXXXX & DUNLOP, LLC AND THE SUCCESSOR AGENCY TO THE OAKLEY REDEVELOPMENT AGENCY and consents to the agreement of the parties set forth in this Agreement. BORROWER: OAKLEY SENIOR ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP, a California limited partnership By: TPC Holdings I, LLC, an Idaho limited liability company, doing business in California as XXXXX L.L.C., its General Partner By: (SEAL) Xxxxx Xxxxx Manager By: Better Opportunities Builder, Inc., a California nonprofit public benefit corporation, its Managing General Partner By: (SEAL) Xxxxxxx Xxxxxx Chief Executive Officer By: (SEAL) Xxxxxxx X. Xxxxx General Partner Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss: COUNTY OF ) On , 2022, before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss: COUNTY OF ) On , 2022, before me, , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Pu...
Consent of Borrower. Anything contained herein to the ------------------- contrary notwithstanding, a Supplemental Indenture executed and delivered in accordance with this Article which affects any rights of the Borrower shall not become effective unless and until the Borrower shall have consented in writing to the execution and delivery of that Supplemental Indenture.
Consent of Borrower. The Borrower hereby acknowledges receipt of a copy of this Inter-Creditor Agreement and consents to the agreement of the parties set forth herein. BORROWER: BORROWER NAME, an Oregon TYPE OF ENTITY By: By: NAME, TITLE STATE OF OREGON ) : ss County of ) The foregoing instrument was acknowledged before me this day of [Month~], 20XX by , of , a , who executed the foregoing instrument for and on behalf of the Borrower. NOTARY PUBLIC FOR OREGON My Commission Expires: EXHIBIT A [LEGAL DESCRIPTION]
