Common use of Approvals; Third Parties; Conditions Clause in Contracts

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion.

Appears in 8 contracts

Samples: Loan Agreement (Campus Crest Communities, Inc.), Loan Agreement (Campus Crest Communities, Inc.), Loan Agreement (Meredith Enterprises Inc)

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Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, if any, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion.

Appears in 6 contracts

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Telx Group, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender’s 's credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s 's sole discretion.

Appears in 6 contracts

Samples: Loan Agreement (Griffin Land & Nurseries Inc), Loan Agreement (Cedar Income Fund LTD /Md/), Loan Agreement (Equity Inns Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender the Administrative Agent and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender’s the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender the Administrative Agent, the Lenders and Borrower and may not be enforced, nor relied upon, by any Person other than Lender the Administrative Agent, the Lenders and Borrower. All conditions of the obligations of Lender the Administrative Agent and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lenderthe Administrative Agent and the Lenders, its their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender the Administrative Agent and the Lenders at any time in Lender’s their sole discretion.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Morgans Hotel Group Co.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s 's credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s 's sole discretion.

Appears in 4 contracts

Samples: Loan Agreement (CNL Retirement Properties Inc), Loan Agreement (Equity Inns Inc), Loan Agreement (Equity Inns Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender’s 's credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advancesAdvances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances Advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s 's sole discretion.

Appears in 3 contracts

Samples: Loan Agreement (Goldman Sachs Group Inc), Loan Agreement (Goldman Sachs Group Inc), Loan Agreement (McNeil Real Estate Fund Xiv LTD)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leases, contracts, plans, studies and other matters are solely to facilitate the Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender Xxxxxx and Borrower. All conditions of to the obligations of Lender hereunder, including the obligation to make advancesthe Loan, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender Xxxxxx will refuse to make advances the Loan in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender Xxxxxx at any time in LenderXxxxxx’s sole discretion.

Appears in 3 contracts

Samples: Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Term Loan Agreement (Cedar Realty Trust, Inc.), Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to review or approve leases, contracts, plans, studies and other matters matters, including Borrower's and any other Person's compliance with the provisions of Article 9 and compliance with laws applicable to Borrower, the Project or any other Person, are solely to facilitate Lender’s 's credit underwritingunderwriting and administration of the Loan, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s 's sole discretion.

Appears in 3 contracts

Samples: Loan Agreement, Loan Agreement (Strategic Realty Trust, Inc.), Loan Agreement (Strategic Realty Trust, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender Administrative Agent and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender’s the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender Administrative Agent, the Lenders, the Lead Borrower and Borrower and may not be enforced, nor relied upon, by any Person other than Lender Administrative Agent, the Lenders, the Lead Borrower and Borrower. All conditions of the obligations of Lender Administrative Agent and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of LenderAdministrative Agent and the Lenders, its their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender Administrative Agent and the Lenders at any time in Lender’s their sole discretion.

Appears in 3 contracts

Samples: Acquisition and Project Loan Agreement (Acadia Realty Trust), Assignment and Assumption (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to review or approve leases, contracts, plans, studies and other matters matters, including Borrower’s and any other Person’s compliance with the provisions of Article 9 and compliance with laws applicable to Borrower, the Projects or any other Person, are solely to facilitate Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and the adequacy thereof may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, if any, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Interstate Hotels & Resorts Inc), Loan Agreement (Interstate Hotels & Resorts Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender the Administrative Agent and the Lenders with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by any Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender the Administrative Agent, the Lenders and Borrower the Borrowers and may not be enforced, nor relied upon, by any Person other than Lender the Administrative Agent, the Lenders and Borrowerthe Borrowers. All conditions of the obligations of Lender the Administrative Agent and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lenderthe Administrative Agent and the Lenders, its their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender the Administrative Agent and the Lenders at any time in Lender’s their sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Sunstone Hotel Investors, Inc.), Loan Agreement (Sunstone Hotel Investors, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Borrower and Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender Borrower and BorrowerLender. All conditions of the obligations of Lender hereunder, including the obligation Lender’s discretionary right to make advancesprotective advances pursuant to Sections 10.3 or 11.5, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances (if any) in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion.

Appears in 2 contracts

Samples: Fixed Rate Term Loan Agreement (RREEF Property Trust, Inc.), Fixed Rate Term Loan Agreement (GTJ REIT, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender Administrative Agent and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender’s the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender Administrative Agent, the Lenders, the Lead Borrower and Borrower and may not be enforced, nor relied upon, by any Person other than Lender Administrative Agent, the Lenders, the Lead Borrower and Borrower. All conditions of the obligations of Lender Administrative Agent and the Lenders hereunder, including the any obligation to make advances, are imposed solely and exclusively for the benefit of LenderAdministrative Agent and the Lenders, its their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender Administrative Agent and the Lenders at any time in Lender’s their sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to review or approve leases, contracts, plans, studies and other matters matters, including Borrower's and any other Person's compliance with the provisions of Article 9 and compliance with laws applicable to Borrower, the Project or any other Person, are solely to facilitate Lender’s 's credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s 's sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Cornerstone Core Properties REIT, Inc.), Loan Agreement (Cornerstone Core Properties REIT, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower Parties or any other Person. This Agreement is for the sole and exclusive use of Borrower Parties and Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender Borrower Parties and BorrowerLender. All conditions of the obligations of Lender hereunder, including the obligation Lender’s discretionary right to make advancesprotective advances pursuant to Sections 8.3 or 9.5, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances (if any) in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion.

Appears in 2 contracts

Samples: Fixed Rate Term Loan Agreement (Mission West Properties Inc), Fixed Rate Term Loan Agreement (Mission West Properties Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, if any, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion. The Note B Designated Representative shall be entitled to the benefits of this Section 11.30 as if each reference herein to “Lender” included, without limitation the Note B Designated Representative.

Appears in 2 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Emeritus Corp\wa\)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender Administrative Agent and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender’s the Lenders' credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender Administrative Agent, the Lenders and Borrower and may not be enforced, nor relied upon, by any Person other than Lender Administrative Agent, the Lenders and Borrower. All conditions of the obligations of Lender Administrative Agent and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of LenderAdministrative Agent and the Lenders, its their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender Administrative Agent and the Lenders at any time in Lender’s their sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Shurgard Storage Centers Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender Administrative Agent and the Lenders with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by any Borrower Party or any other Person. This Agreement is for the sole and exclusive use of Lender Administrative Agent, Arrangers, the Lenders and Borrower Parties and may not be enforced, nor relied upon, by any Person other than Lender Administrative Agent, Arrangers, the Lenders and BorrowerBorrower Parties. All conditions of the obligations of Lender Administrative Agent and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of LenderAdministrative Agent and the Lenders, its their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender Administrative Agent and the Lenders at any time in Lender’s their sole and absolute discretion.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to review or approve leases, contracts, plans, studies and other matters matters, including Borrower's and any other Person's compliance with the provisions of Article 9 and compliance with laws applicable to Borrower, the Projects or any other Person, are solely to facilitate Lender’s 's credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s 's sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Winston Hotels Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect Administrative Agent or the Lenders to review or approve leases, contracts, plans, studies and other matters matters, including Borrowers’ and any other Person’s compliance with the provisions of Article 9 and compliance with laws applicable to Borrowers, the Projects or any other Person, are solely to facilitate Lender’s Lenders’ credit underwritingunderwriting and the administration of the Loans, and shall not be deemed or construed as a determination that Lender has Administrative Agent or the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower Borrowers or any other Person. This Agreement is for the sole and exclusive use of Lender Administrative Agent, the Lenders and Borrower Borrowers and may not be enforced, nor relied upon, by any Person other than Lender Administrative Agent, the Lenders and BorrowerBorrowers. All conditions of the obligations of Lender Administrative Agent and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its Administrative Agent and the Lenders and their respective successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender Administrative Agent and the Lenders at any time in Lender’s their sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Colony Financial, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s 's credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, if any, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s 's sole discretion.. SECTION

Appears in 1 contract

Samples: Loan Agreement (Cedar Shopping Centers Inc)

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Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender Administrative Agent and the Lenders with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by any Borrower Party or any other Person. This Agreement is for the sole and exclusive use of Lender Administrative Agent, Arrangers, the Lenders and Borrower Parties and may not be enforced, nor relied upon, by any Person other than Lender Administrative Agent, Arrangers, the Lenders and BorrowerBorrower Parties. All conditions of the obligations of Lender Administrative Agent and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of LenderAdministrative Agent and the Lenders, its their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of 128 such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender Administrative Agent and the Lenders at any time in Lender’s their sole and absolute discretion.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s 's credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s 's sole discretion.. SECTION 15.7

Appears in 1 contract

Samples: Loan Agreement (Winston Hotels Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to review or approve leases, contracts, plans, studies and other matters matters, including Borrower’s and any other Person’s compliance with the provisions of Article 9 and compliance with laws applicable to Borrower, the Project or any other Person, are solely to facilitate Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender Administrative Agent and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate LenderAdministrative Agent’s and the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by any Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender Administrative Agent, the Lenders and Borrower Borrowers and may not be enforced, nor relied upon, by any Person other than Lender Administrative Agent, the Lenders and BorrowerBorrowers. All conditions of the obligations of Lender Administrative Agent and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of LenderAdministrative Agent and the Lenders, its their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender Administrative Agent and the Lenders at any time in Lender’s their sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Tarragon Corp)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender the Administrative Agent and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender’s the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender the Administrative Agent, the Lenders and Borrower and may not be enforced, nor relied upon, by any Person other than Lender the Administrative Agent, the Lenders and Borrower. All conditions of the obligations of Lender the Administrative Agent and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lenderthe Administrative Agent and the Lenders, its their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender the Administrative Agent and the Lenders at any time in Lender’s their sole and absolute discretion.

Appears in 1 contract

Samples: Construction Loan Agreement (Maguire Properties Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leases, contracts, plans, studies and other matters are solely to facilitate the Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of to the obligations of Lender hereunder, including the obligation to make advancesthe Loan, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances the Loan in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion.

Appears in 1 contract

Samples: Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect Beneficiary to review or approve leases, contracts, plans, studies and other matters matters, including Grantor’s and any other Person’s compliance with laws applicable to Grantor, the Mortgaged Property or any other Person, are solely to facilitate LenderBeneficiary’s credit DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS, SECURITY AGREEMENT AND FIXTURE FILING - 31 underwriting, and shall not be deemed or construed as a determination that Lender Beneficiary has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower Grantor or any other Person. This Agreement Deed of Trust is for the sole and exclusive use of Lender Beneficiary and Borrower Grantor and may not be enforced, nor relied upon, by any Person other than Lender Beneficiary and BorrowerGrantor. All conditions of the obligations of Lender Beneficiary hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of LenderBeneficiary, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender Beneficiary will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived waived, in whole or in part by Lender Beneficiary at any time in LenderBeneficiary’s sole discretion.

Appears in 1 contract

Samples: Wells Mid-Horizon Value-Added Fund I LLC

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender Administrative Agent and the Lenders with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s the Lenders’ credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender Administrative Agent, the Lenders and Borrower and may not be enforced, nor relied upon, by any Person other than Lender Administrative Agent, the Lenders and Borrower. All conditions of the obligations of Lender Administrative Agent and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of LenderAdministrative Agent and the Lenders, its their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender Administrative Agent and the Lenders at any time in Lender’s their sole and absolute discretion.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender’s 's credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower Borrower, Operating Lessee, or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s 's sole discretion.

Appears in 1 contract

Samples: Loan Agreement (American Retirement Corp)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender the Administrative Agent and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender’s the Lenders' credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender the Administrative Agent, the Lenders and Borrower and may not be enforced, nor relied upon, by any Person other than Lender the Administrative Agent, the Lenders and Borrower. All conditions of the obligations of Lender the Administrative Agent and the Lenders hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lenderthe Administrative Agent and the Lenders, its their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender the Administrative Agent and the Lenders at any time in Lender’s their sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Metropolis Realty Trust Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender the Administrative Agent and the Lenders with respect to leases, contracts, plans, studies and other matters are solely to facilitate Lender’s the Lenders' credit underwriting, and shall not be deemed or construed as a determination that Lender has the Lenders have passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower the Borrowers or any other Person. This Agreement is for the sole and exclusive use of Lender the Administrative Agent, the Lenders and Borrower Borrowers and may not be enforced, nor relied upon, by any Person other than Lender the Administrative Agent, the Lenders and BorrowerBorrowers. All conditions of the obligations of Lender the Administrative Agent, the Lenders hereunder, including the obligation to make advancesAdvances, are imposed solely and exclusively for the benefit of Lenderthe Administrative Agent, its the Lenders, their successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender the Lenders will refuse to make advances Advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender the Administrative Agent and the Lenders at any time in Lender’s their sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Burnham Pacific Properties Inc)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to review or approve leases, contracts, plans, studies and other matters matters, including Borrower's and any other Person's compliance with the provisions of Article 10 and compliance with laws applicable to Borrower, the Timeshare Project or any other Person, are solely to facilitate Lender’s 's credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advancesAdvances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances Advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s 's sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Bluegreen Corp)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to leasesLeases, contracts, plans, studies and other matters are solely to facilitate Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Borrower and Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender Borrower and BorrowerLender. All conditions of the obligations of Lender hereunder, including the obligation Lender’s discretionary right to make advancesprotective advances pursuant to Sections 10.3 or 11.2, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances (if any) in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion.

Appears in 1 contract

Samples: Fixed Rate Term Loan Agreement (New England Realty Associates Limited Partnership)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to review or approve leases, contracts, plans, studies and other matters matters, including Borrower’s and any other Person’s compliance with the provisions of Article 9 and compliance with laws applicable to Borrower, the Project, the Condominium Association or any other Person, are solely to facilitate Lender’s credit underwritingunderwriting and administration of the Loan, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not not’ be enforced, nor relied upon, by any Person other than Lender and BorrowerBorrower and, as applicable, any Joinder Party. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Bluerock Residential Growth REIT, Inc.)

Approvals; Third Parties; Conditions. All approval rights retained or exercised by Lender with respect to review or approve leases, contracts, plans, studies and other matters matters, including Borrower’s and any other Person’s compliance with the provisions of Article 9 and compliance with laws applicable to Borrower, the Project or any other Person, are solely to facilitate the Lender’s credit underwriting, and shall not be deemed or construed as a determination that Lender has passed on the adequacy thereof for any other purpose and may not be relied upon by Borrower or any other Person. This Agreement is for the sole and exclusive use of Lender and Borrower and may not be enforced, nor relied upon, by any Person other than Lender and Borrower. All conditions of the obligations of Lender hereunder, including the obligation to make advances, are imposed solely and exclusively for the benefit of Lender, its successors and assigns, and no other Person shall have standing to require satisfaction of such conditions or be entitled to assume that Lender will refuse to make advances in the absence of strict compliance with any or all of such conditions, and no other Person shall, under any circumstances, be deemed to be a beneficiary of such conditions, any and all of which may be freely waived in whole or in part by Lender at any time in Lender’s their sole discretion.

Appears in 1 contract

Samples: Mortgage Modification Agreement (Acadia Realty Trust)

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