Primary Management Agreement definition

Primary Management Agreement shall have the meaning ascribed to it in the Recitals."
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Primary Management Agreement means the management agreement between IHC II, LLC and Wyndham as described in Section 5.15.
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Primary Management Agreement has the meaning ascribed to such term in Clause 6.4.2(a).
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Examples of Primary Management Agreement in a sentence

  • Submanager and Primary Manager shall use commercially reasonable efforts, and Primary Manager shall exercise its rights under the Primary Management Agreement to cause Wyndham (or to cause Wyndham to cause Owner) to use commercially reasonable efforts to prevent any liens from being filed against the Hotel which arise from any maintenance, repairs, alterations, improvements, renewals or replacements in or to the Hotel.

  • Any default which is not, by its nature, susceptible of being cured by Owner irrespective of having possession of the Hotel shall be deemed cured by Owner terminating the Lease and assuming all of the rights and obligations of the Lessee thereunder and under the Primary Management Agreement.

  • Primary Manager shall (or shall cause Wyndham under the Primary Management Agreement (or cause Wyndham to cause Owner, as applicable), to) make Capital Expenditures to allow the completion of the work described on Exhibit "B-2" hereto at Primary Manager's, or Wyndham's or Owner's, as applicable, sole cost and expense and not from Gross Revenues or the FF&E Reserves.

  • It is the intent of the parties that pursuant to such delegation and appointment all Owner approval, consent rights and consultations which are set forth in the Lease and all elections to be made under the Lease, the Primary Management Agreement and the Submanagement Agreement shall be given or made by Primary Manager, with the approval or participation of the Owner if required under the Lease, but without the participation of Lessee or any person who reports to a person employed by Lessee.

  • Lessee hereby delegates and appoints Primary Manager as Lessee's agent to exercise all rights of Lessee under the Lease in circumstances in which the Lessee is required to obtain the approval or decision of the Owner under the Lease or consult with Owner with respect to any matter related to the Hotel, which delegation and appointment shall not be revoked and shall remain in place so long as the Primary Management Agreement (or a successor Primary Management Agreement) remains in force.

  • Simultaneously with the execution of this Agreement, Primary Manager shall exercise its rights under the Primary Management Agreement to cause Wyndham to cause Owner to execute a recordable "Memorandum of Management Agreement", in the form which is attached hereto as Exhibit "D".

  • In such circumstances, it shall not be a default of Lessee hereunder so long as Lessee, while acting as successor to Primary Manager, diligently continues to exercise its reasonable best efforts to designate a third party to succeed to and assume the rights and obligations of Primary Manager under this Agreement, the Primary Management Agreement and the Submanagement Agreement or enter into a new management agreement consistent with the provisions hereof.

  • Submanager and Primary Manager shall cooperate fully, and Primary Manager shall exercise its rights under the Primary Management Agreement to cause Wyndham to cooperate fully (or to cause Owner to cooperate fully, as applicable) in obtaining the release of any such liens, and the cost thereof, if the lien was not occasioned by the fault of either party, shall be treated the same as the cost of the matter to which it relates.

  • Patriot agrees that Primary Manager and Marriott can initiate legal proceedings directly against Patriot if any Owner fails to fund the Owner/Lessee Funding Obligations, and Wyndham agrees that Marriott can initiate legal proceedings directly against Wyndham if Wyndham fails to fund any Owner/Lessee Funding Obligation under the Primary Management Agreement.

  • On or before June 1 of each year, Golden Aria shall file an Affidavit and Notice of Intent to Hold or Affidavit or Annual Assessment Work in Eureka County, as required by State law.


More Definitions of Primary Management Agreement

Primary Management Agreement means (i) that certain Amended and Restated Property Management Agreement dated as of August 13, 2008, by and among Behringer Harvard Opportunity REIT II, Inc. (“BHOP REIT II”), Behringer Harvard Opportunity OP II LP (“BHOP II”) and Behringer Harvard Opportunity II Management Services, LLC, its successors and permitted assigns (“Manager”) to the extent applicable to the Property as a result of a Property Amendment to be entered into on or before the Closing by the Company, BHOP REIT II, BHOP II, and Manager on the form attached hereto as Appendix A-1.
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Related to Primary Management Agreement

  • Hotel Management Agreement means any management agreements between a Hotel Management Company and Lessee and/or Landlord, as applicable, as such management agreements are amended from time to time for the Hotel.

  • Existing Management Agreement means that certain management agreement between the Seller and the Existing Manager for the operation and management of the Hotel.

  • Investment Management Agreement means the Investment Management Agreement, dated as of the date hereof, by and between the Investment Manager and the Borrower.

  • Asset Management Agreement means, as the context requires, any agreement entered into between a Series and an Asset Manager pursuant to which such Asset Manager is appointed as manager of the relevant Series Assets, as amended from time to time.

  • New Management Agreement means the management agreement to be entered into between Buyer and the Manager for the operation and management of the Hotel on and after the Closing Date.

  • Property Management Agreement means any Property Management Agreement between the Company and the Property Manager.

  • Replacement Management Agreement means, collectively, (a) either (i) a management agreement with a Qualified Manager substantially in the same form and substance as the Management Agreement, or (ii) a management agreement with a Qualified Manager, which management agreement shall be reasonably acceptable to Lender in form and substance, provided, with respect to this subclause (ii), Lender, at its option, may require that Borrower shall have obtained prior written confirmation from the applicable Rating Agencies that such management agreement will not cause a downgrade, withdrawal or qualification of the then current rating of the Securities or any class thereof and (b) an assignment of management agreement and subordination of management fees substantially in the form then used by Lender (or of such other form and substance reasonably acceptable to Lender), executed and delivered to Lender by Borrower and such Qualified Manager at Borrower’s expense.

  • Collateral Management Agreement The agreement dated as of the Closing Date, between the Issuer and the Collateral Manager relating to the management of the Collateral Obligations and the other Assets by the Collateral Manager on behalf of the Issuer, as amended from time to time in accordance with the terms thereof.

  • Sponsor Management Agreement means the management agreement between certain of the management companies associated with the Sponsor Group or their advisors and the Borrower.

  • Treasury Management Agreement means any agreement governing the provision of treasury or cash management services, including deposit accounts, overdraft, credit or debit card, funds transfer, automated clearinghouse, zero balance accounts, returned check concentration, controlled disbursement, lockbox, account reconciliation and reporting and trade finance services and other cash management services.

  • Project Management Agreement means the agreement dated the 20th February 1985 made between the Trustee and the Manager providing for the Manager to manage and co‑ordinate the development and construction of the Resort and includes, if that agreement is terminated, any other agreement in like and similar terms made with the prior consent of the Minister;

  • Construction Management Agreement means the Construction Management Agreement, dated as of the date of the Common Agreement, between Construction Manager and the Project Company.

  • Management Agreement means the agreement to be entered into between the Borrower and the Manager providing for the ship management and crewing services of the Vessel, such agreement to be in the form and on the terms and conditions required by the Agent;

  • Rate Management Agreement means any agreement, device or arrangement providing for payments which are related to fluctuations of interest rates, exchange rates, forward rates, or equity prices, including, but not limited to, dollar-denominated or cross-currency interest rate exchange agreements, forward currency exchange agreements, interest rate cap or collar protection agreements, forward rate currency or interest rate options, puts and warrants, and any agreement pertaining to equity derivative transactions (e.g., equity or equity index swaps, options, caps, floors, collars and forwards), including without limitation any ISDA Master Agreement between Borrower and Lender or any affiliate of Fifth Third Bancorp, and any schedules, confirmations and documents and other confirming evidence between the parties confirming transactions thereunder, all whether now existing or hereafter arising, and in each case as amended, modified or supplemented from time to time.

  • Management Services Agreement has the meaning set forth in Section 2.1(d).

  • Master Services Agreement means that master services agreement among the Limited Partnership, the Company, Teekay Corporation and Brookfield XX XXXX L.P. dated as of the date hereof.

  • Network Operating Agreement means an executed agreement that contains the terms and conditions under which the Network Customer shall operate its facilities and the technical and operational matters associated with the implementation of Network Integration Transmission Service under Tariff, Part III. Network Operating Committee:

  • Cash Management Agreement means any agreement to provide cash management services, including treasury, depository, overdraft, credit or debit card, electronic funds transfer and other cash management arrangements.

  • Arrangement Agreement means the arrangement agreement dated as of April 18, 2019 between the Purchaser and the Company, including the schedules and exhibits thereto, providing for, among other things, the Arrangement, as the same may be amended, supplemented or restated.

  • Finance agreement means a loan, lease, or installment sale agreement for a motor vehicle. The term includes, but is not limited to, an installment sale contract, a retail installment contract, or a retail charge agreement.

  • Management Letter means formal communications from the auditor to the client management in accordance with the International Standard on Auditing 265 (communicating deficiencies in internal control to those charged with governance and management), which is not required to be provided separately as it is equivalent to the Audit Findings and Recommendations prepared by the Project auditor and submitted to ADB;

  • Corporate Services Agreement means the Corporate Services Agreement dated as of the date hereof between the Borrower and the Services Provider, as amended from time to time in accordance with the terms hereof and thereof.

  • Credit Risk Management Agreement The respective agreements between the Credit Risk Manager and the Servicer and/or Master Servicer regarding the loss mitigation and advisory services to be provided by the Credit Risk Manager.

  • Client Agreement means the agreement between the Company and the Client, which together with the Terms of Business are defined as “Operative Agreements” and govern the terms on which the Company deals with the Client.