Common use of Without limitation of the foregoing Clause in Contracts

Without limitation of the foregoing. Borrower, upon the request of Lender, shall terminate the Management Agreement and replace the Manager, without penalty or fee, if at any time during the Loan: (a) the Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, (b) there exists an Event of Default and the Debt has been accelerated, or (c) there exists a material default beyond any applicable notice or cure period by Manager under the Management Agreement. At such time as the Manager may be removed, a Qualified Manager shall assume management of the Property pursuant to a Replacement Management Agreement.

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

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Without limitation of the foregoing. Borrower, upon the request of Lender, shall terminate the Management Agreement and replace the Manager, without penalty or fee, if at any time during the Loan: (a) the Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, (b) there exists an Event of Default and the Debt has been acceleratedDefault, or (c) there exists a material default beyond any applicable notice or cure period by Manager under the Management AgreementAgreement that continues beyond the expiration of any applicable notice and cure periods. At such time as the Manager may be removed, a Qualified Qualifying Manager shall assume management of the applicable Individual Property pursuant to a Replacement Management Agreement.

Appears in 1 contract

Samples: Loan Agreement (U-Store-It Trust)

Without limitation of the foregoing. Borrower, upon the request of Lender, shall terminate the Management Agreement and replace the Manager, without penalty or fee, if at any time during the Loan: (a) the Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, (b) there exists an Event of Default and the Debt has been acceleratedDefault, or (c) there exists a material default beyond any applicable notice or cure period by Manager under the Management Agreement. At such time as the Manager may be removed, a Qualified Manager shall assume management of the Property pursuant to a Replacement Management Agreement.. 5.1.19

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

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Without limitation of the foregoing. Borrower, upon the request of Lender, shall terminate the Management Agreement or Replacement Management Agreement, if applicable and replace the Manager, without penalty or fee, if at any time during the Loan: (a) the Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding, (b) provided, the Manager is an Affiliated Manager, there exists an Event of Default and the Debt has been acceleratedwhich remains uncured, or (c) there exists a material default beyond any all applicable notice or cure period and grace periods by Manager under the Management Agreement or Replacement Management Agreement, if applicable. At such time as the Manager may be removed, a Qualified Manager shall assume management of the applicable Individual Property pursuant to a Replacement Management Agreement.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

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