Common use of Debt Cancellation Clause in Contracts

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 210 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Inland American Real Estate Trust, Inc.), Loan Agreement (Maguire Properties Inc)

AutoNDA by SimpleDocs

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 33 contracts

Samples: Loan Agreement (FelCor Lodging Trust Inc), Loan Agreement (Highland Hospitality Corp), Loan Agreement (U-Store-It Trust)

Debt Cancellation. Borrower shall not cancel Cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and or in the ordinary course of Borrower’s business.

Appears in 28 contracts

Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (American Financial Realty Trust), Loan Agreement (Affordable Residential Communities Inc)

Debt Cancellation. Borrower shall not cancel Cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to the Borrower by any a Person, except for adequate consideration and or in the ordinary course of the Borrower’s businessbusiness in its reasonable judgment.

Appears in 25 contracts

Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than the termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 19 contracts

Samples: Loan Agreement (Carter Validus Mission Critical REIT, Inc.), Loan Agreement (Sun Communities Inc), Loan Agreement (Glimcher Realty Trust)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) Debt owed to Borrower it by any Person, except for adequate consideration and or in the ordinary course of Borrower’s its business.

Appears in 19 contracts

Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Life Time Fitness Inc), Loan Agreement (Carter Validus Mission Critical REIT, Inc.)

Debt Cancellation. (a) No Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to such Borrower by any Person, except for adequate consideration and in the ordinary course of such Borrower’s business.

Appears in 9 contracts

Samples: First Mezzanine Loan Agreement (Morgans Hotel Group Co.), First Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), First Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

Debt Cancellation. No Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to such Borrower by any Person, except for adequate consideration and in the ordinary course of such Borrower’s business.

Appears in 9 contracts

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust Inc), Loan Agreement (Gramercy Capital Corp)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 9 contracts

Samples: Revolving Credit Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of BorrowerXxxxxxxx’s business.

Appears in 7 contracts

Samples: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Net Lease Office Properties)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower or Operating Lessee by any Person, except for adequate consideration and in the ordinary course of Borrower’s or Operating Lessee’s business.

Appears in 6 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release (or allow Owner to cancel or otherwise forgive or release) any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower (or Owner) by any Person, except for adequate consideration and in the ordinary course of Borrower’s (or Owner’s) business.

Appears in 6 contracts

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (Morgans Hotel Group Co.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of BorrowerBxxxxxxx’s business.

Appears in 6 contracts

Samples: Loan Agreement (Global Net Lease, Inc.), Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewithsubject to the requirements hereof) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 5 contracts

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

Debt Cancellation. No Individual Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to such Individual Borrower by any Person, except for adequate consideration and in the ordinary course of such Individual Borrower’s business.

Appears in 4 contracts

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and or in the ordinary course of Borrower’s business.

Appears in 4 contracts

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Debt Cancellation. Borrower Borrowers shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower Borrowers by any Person, except for adequate consideration and in the ordinary course of Borrower’s Borrowers’ business.

Appears in 4 contracts

Samples: Term Loan Agreement (FelCor Lodging Trust Inc), Credit Agreement (FelCor Lodging LP), Credit Agreement (FelCor Lodging Trust Inc)

Debt Cancellation. No Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to such Borrower by any Person, except for adequate consideration and in the ordinary course of such Borrower’s business.

Appears in 4 contracts

Samples: Loan Agreement (Hard Rock Hotel Holdings, LLC), Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Hard Rock Hotel Holdings, LLC)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration or as is prudent and commercially reasonable and in the ordinary course of Borrower’s business.

Appears in 4 contracts

Samples: Mezzanine a Loan Agreement (Wyndham International Inc), Mezzanine B Loan Agreement (Wyndham International Inc), Mezzanine Loan Agreement (Wyndham International Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewithherewith or settlement of Tenant or similar disputes) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 4 contracts

Samples: Loan Agreement (DDR Corp), Loan Agreement (Retail Value Inc.), Loan Agreement (Retail Value Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewithwith this Agreement and the Mortgage Loan Agreement) owed to Borrower or Mortgage Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s or Mortgage Borrower’s business.

Appears in 3 contracts

Samples: Mezzanine a Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine a Loan Agreement (Morgans Hotel Group Co.), Mezzanine a Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business, other than rent abatements or concessions in the ordinary course of business.

Appears in 3 contracts

Samples: Loan Agreement (City Office REIT, Inc.), Loan Agreement (City Office REIT, Inc.), Loan Agreement (City Office REIT, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than the termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s 's business.

Appears in 3 contracts

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

Debt Cancellation. Neither Borrower shall not cancel or otherwise forgive or release any claim or debt (other than in connection with termination of Leases in accordance herewith) owed to such Borrower by any Person, except for adequate consideration and in the ordinary course of such Borrower’s business.

Appears in 3 contracts

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

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business's business in its reasonable judgment.

Appears in 3 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 3 contracts

Samples: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)

Debt Cancellation. Borrower shall not (and shall not permit Mortgage Borrower to) cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower or Mortgage Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (Industrial Logistics Properties Trust), Mezzanine a Loan Agreement (Industrial Logistics Properties Trust), Mezzanine Loan Agreement (Industrial Logistics Properties Trust)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than the termination of Leases in accordance herewithherewith and the settlement of claims against Tenants and/or service providers in connection with such Persons’ defaults) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 3 contracts

Samples: Loan Agreement (Alexanders Inc), Loan Agreement (Urban Edge Properties), Loan Agreement (Alexanders Inc)

Debt Cancellation. No Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s 's business.

Appears in 2 contracts

Samples: Loan Agreement (Lodgian Inc), Loan Agreement (Servico Market Center Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s businessbusiness or for other legal or business considerations deemed prudent by Borrower.

Appears in 2 contracts

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

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination or modification of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 2 contracts

Samples: Loan Agreement (Capitalsource Inc), Mezzanine Loan Agreement (Capitalsource Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and or in the ordinary course of Borrower’s business.

Appears in 2 contracts

Samples: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewithherewith or in accordance with the terms of such Leases) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 2 contracts

Samples: Loan Agreement (Griffin Capital Essential Asset REIT, Inc.), Loan Agreement (Griffin Capital Essential Asset REIT II, Inc.)

Debt Cancellation. No Borrower shall not cancel or otherwise forgive or release any claim or debt (other than the termination of Leases in accordance herewith) owed to such Borrower by any Person, except for adequate consideration and in the ordinary course of such Borrower’s business.

Appears in 2 contracts

Samples: Loan Agreement (Generation Income Properties, Inc.), Loan Agreement (Generation Income Properties, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of BorrowerXxxxxxxx’s business.. Section 4.25

Appears in 2 contracts

Samples: Loan Agreement (Silver Star Properties Reit, Inc), Loan Agreement (Silver Star Properties Reit, Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s 's business, or otherwise pursuant to a Vacate Agreement entered into in accordance with the Escrow Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Ambase Corp), Loan Agreement (Ambase Corp)

Debt Cancellation. No Borrower shall not cancel or otherwise forgive or release any claim or debt (other than the termination of Leases in accordance herewith) owed to any Borrower by any Person, except for adequate consideration and in the ordinary course of such Borrower’s business.

Appears in 2 contracts

Samples: Lease Agreement (American Realty Capital Hospitality Trust, Inc.), Lease Agreement (American Realty Capital Hospitality Trust, Inc.)

Debt Cancellation. No Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination or amendment of Leases in accordance herewithherewith or in accordance with the terms of the Leases) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 2 contracts

Samples: Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release (or permit Owner to cancel or otherwise forgive or release) any claim or debt (other than the surrender or termination of Leases in accordance herewith) owed to Borrower or Owner by any Person, except for adequate consideration and in the ordinary course of Borrower’s or Owner’s business.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (W2007 Grace Acquisition I Inc), Mezzanine Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Debt Cancellation. Borrower Borrowers shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower Borrowers by any Person, except for adequate consideration and in the ordinary course of Borrower’s Borrowers' business.

Appears in 2 contracts

Samples: Revolving Credit Agreement (FelCor Lodging LP), Revolving Credit Agreement (FelCor Lodging Trust Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business. Borrower shall not permit or cause Mortgage Borrower to cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Mortgage Borrower by any Person, except for adequate consideration and in the ordinary course of Mortgage Borrower’s business.

Appears in 2 contracts

Samples: Loan Agreement (Vici Properties Inc.), Mezzanine a Loan Agreement (Vici Properties Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business, provided, that, nothing contained in this Section shall in and of itself require Borrower to pursue collection of debts in a manner that is not commercially reasonable.

Appears in 2 contracts

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc), Loan Agreement (Wells Real Estate Investment Trust Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) Debt owed to Borrower it by any Person, except for adequate consideration and or in the ordinary course of Borrower’s its business. Section 6.8.

Appears in 2 contracts

Samples: Loan Agreement (Hartman Short Term Income Properties XX, Inc.), Loan Agreement (Parkway, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases or Hotel Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 2 contracts

Samples: Loan Agreement (Host Marriott Corp/), Loan Agreement (Host Marriott L P)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration (or other good faith business reasons) and in the ordinary course of Borrower’s business.

Appears in 2 contracts

Samples: Loan Agreement (Northstar Realty Finance Corp.), Loan Agreement (NorthStar Healthcare Income, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than the surrender or termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 2 contracts

Samples: Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business's business or otherwise if such cancellation, release or forgiveness is prudent and commercially reasonable.

Appears in 2 contracts

Samples: Loan Agreement (Wyndham International Inc), Management Agreement (Wyndham International Inc)

Debt Cancellation. No Individual Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to such Individual Borrower by any Person, except for adequate consideration and in the ordinary course of such Individual Borrower’s business's business in its reasonable judgment.

Appears in 2 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewithherewith and for claims of less than $20,000) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 2 contracts

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

Debt Cancellation. Borrower shall not (and shall not permit Mortgage Borrower to) cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewithwith this Agreement and the Mortgage Loan Agreement) owed to Borrower or Mortgage Borrower by any Person, except for adequate consideration (or other good faith business reasons) and in the ordinary course of Borrower’s or Mortgage Borrower’s business.

Appears in 2 contracts

Samples: Mezzanine a Loan Agreement (NorthStar Healthcare Income, Inc.), Mezzanine a Loan Agreement (Northstar Realty Finance Corp.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of such Borrower’s business.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Cole Credit Property Trust Inc), Mezzanine Loan Agreement (Cole Credit Property Trust III, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release (or permit any Borrower Subsidiary to cancel or otherwise forgive or release) any claim or debt (other than the termination of Leases in accordance herewith) owed to Borrower such Person by any other Person, except for adequate consideration and in the ordinary course of Borrower’s (or such Borrower Subsidiary’s) business.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (New York REIT, Inc.)

Debt Cancellation. Borrower shall not and shall not permit Mortgage Borrower to cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Mortgage Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s and Mortgage Borrower’s business.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Plymouth Industrial REIT Inc.)

Debt Cancellation. No Individual Borrower shall not cancel or otherwise forgive or release any claim or debt (other than the termination of Leases in accordance herewith) owed to such Individual Borrower by any Person, except for adequate consideration and in the ordinary course of such Individual Borrower’s business.

Appears in 1 contract

Samples: Loan Agreement (Strategic Storage Trust II, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of BorrowerBxxxxxxx’s business.

Appears in 1 contract

Samples: Promissory Note (FX Real Estate & Entertainment Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Mortgage Borrower by any Person, except for adequate consideration and in the ordinary course of Mortgage Borrower’s business.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Cole Corporate Income Trust, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower Borrower, HHSD or Operating Lessee by any Person, except for adequate consideration and in the ordinary course of Borrower’s or Operating Lessee’s business.

Appears in 1 contract

Samples: Lease Agreement (Ashford Hospitality Trust Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of BorrowerBxxxxxxx’s business.

Appears in 1 contract

Samples: Loan Agreement (Lazydays Holdings, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of BorrowerXxxxxxxx’s business.. 5.2.5

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

Debt Cancellation. No Borrower shall not cancel or otherwise forgive or release any claim or debt (other than the termination of Leases in accordance herewith) owed to any Borrower by any Person, except for adequate consideration and in the ordinary course of such Borrower’s 's business.

Appears in 1 contract

Samples: Loan Agreement (Reckson Operating Partnership Lp)

Debt Cancellation. Borrower shall not cancel or otherwise forgive ----------------- or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business's business or otherwise if such cancellation, release or forgiveness is prudent and commercially reasonable.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

AutoNDA by SimpleDocs

Debt Cancellation. Neither Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to such Borrower by any Person, except for adequate consideration and in the ordinary course of such Borrower’s business.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of BorrowerXxxxxxxx’s business.. Section 7.19

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to 84 Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 1 contract

Samples: Loan Agreement (Black Creek Diversified Property Fund Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s Xxxxxxxx's business.

Appears in 1 contract

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

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or material debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business, or with the consent of Lender, which consent shall not be unreasonably withheld.

Appears in 1 contract

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

Debt Cancellation. No Borrower shall not cancel or otherwise forgive or release any claim or debt (other than in connection with termination of Leases in accordance herewithherewith or with Transfers permitted hereunder) owed to any Borrower by any Person, except for adequate consideration and in the ordinary course of such Borrower’s business.

Appears in 1 contract

Samples: Loan Agreement (Plymouth Industrial REIT Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s businessbusiness or as reasonably approved by Lender.

Appears in 1 contract

Samples: Loan Agreement (Pebblebrook Hotel Trust)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewithwith the Loan Documents) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 1 contract

Samples: Loan Agreement (Assisted 4 Living, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of BorrowerBoxxxxxx’s business.

Appears in 1 contract

Samples: Loan Agreement (Healthcare Trust, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release (or permit Owner to cancel or otherwise forgive or release) any claim or debt (other than the termination of Leases in accordance herewith) owed to Borrower (or Owner) by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.(or Owner’s) business.‌

Appears in 1 contract

Samples: Mezzanine Loan Agreement

Debt Cancellation. No Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to such Borrower by any Person, except for adequate consideration and in the ordinary course of such Borrower’s business, or otherwise in accordance with Section 12.4 hereof.

Appears in 1 contract

Samples: Loan Agreement and Loan Documents (Bref Hr, LLC)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s businessbusiness or otherwise if such cancellation, release or forgiveness is prudent and commercially reasonable.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Debt Cancellation. Neither Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s Borrowers' business.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any PersonPerson if such cancellation or forgiveness has a material adverse effect on Borrower or the current and/or intended operation of the Property, except for adequate consideration and or in the ordinary course of Borrower’s businessbusiness (including Borrower’s determination that any account receivable is uncollectable).

Appears in 1 contract

Samples: Loan Agreement (Consolidated Tomoka Land Co)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release (or permit any Individual Mortgage Borrower to cancel or otherwise forgive or release) any claim or debt (other than the termination of Leases in accordance herewith) owed to Borrower (or such Individual Mortgage Borrower) by any Person, except for adequate consideration and in the ordinary course of Borrower’s (or such Individual Mortgage Borrower’s) business.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Strategic Storage Trust II, Inc.)

Debt Cancellation. . Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) Debt owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 1 contract

Samples: Business Loan Agreement (NV5 Holdings, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases Leases, and then only to the extent permitted in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 1 contract

Samples: Building Loan Agreement (ACRES Commercial Realty Corp.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any a Person, except for adequate consideration and or in the ordinary course of Borrower’s business.

Appears in 1 contract

Samples: Term Loan Agreement (Wells Core Office Income Reit Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.. (f)

Appears in 1 contract

Samples: Loan Agreement (Instil Bio, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination with respect to terminations of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 1 contract

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)

Debt Cancellation. No Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to such Borrower by any Person, except for adequate consideration and in the ordinary course of Borrowersuch Xxxxxxxx’s business.

Appears in 1 contract

Samples: Loan Agreement (GTJ Reit, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any a Person, except for adequate consideration and or in the ordinary course of Borrower’s 's business.

Appears in 1 contract

Samples: Loan Agreement (Corporate Property Associates 17 - Global INC)

Debt Cancellation. No Individual Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 1 contract

Samples: Loan Agreement (Global Net Lease, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release (or permit Senior Borrower to cancel or otherwise forgive or release) any claim or debt (other than the termination of Leases in accordance herewith) owed to Borrower or Senior Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s or Senior Borrower’s business.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Debt Cancellation. Each Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to any Borrower by any Person, except for adequate consideration and in the ordinary course of any Borrower’s 's business.

Appears in 1 contract

Samples: Loan Agreement (Ventas Inc)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release (or allow any Owner to cancel or otherwise forgive or release) any claim or debt (other than termination of Leases in accordance herewithLeases) owed to Borrower (or any Owner) by any Person, except for adequate consideration and in the ordinary course of a Borrower’s 's (or an Owner's) business.

Appears in 1 contract

Samples: Management Agreement (KBS Real Estate Investment Trust, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (TNP Strategic Retail Trust, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of BorrowerXxxxxxxx’s business.. 4.2.6

Appears in 1 contract

Samples: Senior Loan Agreement (Pacific Oak Strategic Opportunity REIT, Inc.)

Debt Cancellation. Borrower shall not (and shall not permit Senior Borrower to) cancel or otherwise forgive or release any claim or debt (other than the termination of Leases in accordance herewith) owed to Borrower or Senior Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s or Senior Borrower’s business.

Appears in 1 contract

Samples: Second Mezzanine Loan Agreement (Clipper Realty Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower's business. Borrower shall not permit Mortgage Borrower to cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewithwith the Mortgage Loan Documents) owed to Mortgage Borrower by any Person, except for adequate consideration and in the ordinary course of Mortgage Borrower’s 's business.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Prime Group Realty Trust)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination with respect to terminations of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and or nonmaterial concessions made in the ordinary course of Borrower’s businessbusiness (e.g., guest concessions).

Appears in 1 contract

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

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business's business other than receivables from previous limited partners of the Borrowers in an aggregate amount not to exceed $1,000,000.

Appears in 1 contract

Samples: Loan Agreement (Grove Property Trust)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewithherewith or the terms of the Master Lease) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business.

Appears in 1 contract

Samples: Loan Agreement (Sothebys)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any material claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of BorrowerXxxxxxxx’s business.

Appears in 1 contract

Samples: Loan Agreement (reAlpha Tech Corp.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s Borxxxxx’x business.

Appears in 1 contract

Samples: Loan Agreement (Necessity Retail REIT, Inc.)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration (in its reasonable business judgment) and in the ordinary course of Borrower’s business's business in its reasonable judgment.

Appears in 1 contract

Samples: Loan Agreement (Uniprop Manufactured Housing Communities Income Fund)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s 's business. 4.2.6.

Appears in 1 contract

Samples: Loan Agreement (Pillarstone Capital Reit)

Debt Cancellation. Borrower shall not cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance herewith) owed to Borrower by any Person, except for adequate consideration and in the ordinary course of Borrower’s business. Borrower shall not permit Mortgage Borrower to cancel or otherwise forgive or release any claim or debt (other than termination of Leases in accordance with the Mortgage Loan Documents) owed to Mortgage Borrower by any Person, except for adequate consideration and in the ordinary course of Mortgage Borrower’s business.

Appears in 1 contract

Samples: Mezzanine a Loan Agreement (Telx Group, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.