Common use of Administrative Decisions Clause in Contracts

Administrative Decisions. Lead Lender shall not, without written consent of Lender, which consent shall not be unreasonably withheld, (1) release, or agree to the substitution of other security for any portion of the Real Property and/or Collateral securing the Loans, (2) except as set forth in the Loan Documents, grant any release in favor of the Borrower under the Loan Documents, or waive the Lenders' rights to enforce the obligations of the Borrower, (3) agree to the revision, modification or amendment of any of the Loan Documents, or (4) consent to or accept the cancellation or termination of any of the Loan Documents except upon payment in full of each Loan. Subject to the foregoing limitations, and until the occurrence and declaration of an Event of Default under the Loan Documents and the Borrowers' failure to cure within twenty (20) days thereof, Lead Lender shall have the right to make decisions in connection with the day-to-day administration and servicing of the Loan, relating to inspections, review of financial data, and other matters of an ordinary nature involved in the administration and servicing of the Loan, without the Lenders' prior review or approval.

Appears in 3 contracts

Samples: Intercreditor Agreement (Vestin Realty Trust II, Inc), Intercreditor Agreement (Vestin Fund Iii LLC), Intercreditor Agreement (Vestin Fund Ii LLC)

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Administrative Decisions. Lead Lender shall notnot , without written consent of Lender, which consent shall not be unreasonably withheld, (1) release, or agree to the substitution of other security for any portion of the Real Property and/or Collateral securing the Loans, (2) except as set forth in the Loan Documents, grant any release in favor of the Borrower under the Loan Documents, or waive the Lenders' rights to enforce the obligations of the Borrower, (3) agree to the revision, modification or amendment of any of the Loan Documents, or (4) consent to or accept the cancellation or termination of any of the Loan Documents except upon payment in full of each Loan. Subject to the foregoing limitations, and until the occurrence and declaration of an Event of Default under the Loan Documents and the Borrowers' failure to cure within twenty (20) days thereof, Lead Lender shall have the right to make decisions in connection with the day-to-day administration and servicing of the Loan, relating to inspections, review of financial data, and other matters of an ordinary nature involved in the administration and servicing of the Loan, without the Lenders' prior review or approval.

Appears in 3 contracts

Samples: Intercreditor Agreement (Vestin Fund Iii LLC), Intercreditor Agreement (Vestin Realty Trust II, Inc), Intercreditor Agreement (Vestin Fund Ii LLC)

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