Development Documents. (a) Each Obligor must: (i) exercise its rights and comply with its obligations under each Transaction Document (other than a Finance Document); and (ii) ensure (so far as this is within its control) that others exercise their rights and comply with their obligations under each Transaction Document (other than a Finance Document), in a manner consistent with each Obligor’s obligations under the Finance Documents and in a proper and timely manner. (b) No Obligor shall: (i) agree to any material amendment or waiver in respect of any Development Agreement, Property and Asset Management Agreement, Joint Employer Agreement, Split Payroll Agreement or any other Development Document with a Collateral Warranty Major Development Party without the prior consent of the Majority Lenders and that consent shall not be withheld if the amendments or waiver would not have a Material Adverse Effect; or (ii) abandon any part of the Development other than as expressly permitted by the terms of this Agreement. (c) No more than 45 employees shall be jointly employed by members of the Group with any person outside the Group at any time. (d) The Company or an Obligor must promptly: (i) notify the Facility Agent of any proposed amendment or waiver to any Development Agreement, Property and Asset Management Agreement, Joint Employer Agreement, Split Payroll Agreement or any other Development Document with a Collateral Warranty Major Development Party; and (ii) supply to the Facility Agent copies of any such amendment or waiver made or given. (e) During a Cost Overrun Period, the Facility Agent may request that an Obligor provides a copy of any Development Document (without translation) to the Facility Agent or any other Finance Party. (f) Each Obligor must ensure that each Development Agreement and Property and Asset Management Agreement provides, to the satisfaction of the Facility Agent, that: (i) that Obligor’s rights under that Development Agreement and Property and Asset Management Agreement may be assigned, pledged or delegated or that direct rights thereover may be granted (as applicable) to the Facility Agent or its nominee; and (ii) that Obligor’s obligations under that Development Agreement and Property and Asset Management Agreement may be assumed by the Facility Agent or its nominee, without any requirement for consent from any other person.
Appears in 2 contracts
Sources: Credit Facility Agreement, Credit Facility Agreement (Shurgard Storage Centers Inc)