Failure to Consent. If Borrower shall seek the approval by or consent of Lender hereunder or under the Note, or any of the other Loan Documents, and Lender shall fail or refuse to give such consent or approval, then Borrower shall not be entitled to any damages for any withholding or delay of such approval or consent by Lender, it being intended that Borrower’s sole remedy shall be to bring an action for an injunction or specific performance.
Appears in 16 contracts
Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)
Failure to Consent. If Borrower shall seek the approval by or consent of Lender Agent or the Lenders hereunder or under the Note, or any of the other Loan Documents, and Lender Agent or the Lenders shall fail or refuse to give such consent or approval, then Borrower shall not be entitled to any damages for any withholding or delay of such approval or consent by LenderAgent or the Lenders, it being intended that Borrower’s sole remedy shall be to bring an action for an injunction or specific performance.
Appears in 4 contracts
Samples: Loan Agreement (Gramercy Capital Corp), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)
Failure to Consent. If Borrower Borrowers shall seek the approval by or consent of Lender hereunder or under the NoteNotes, the Mortgages, or any of the other Loan Documents, and Lender shall fail or refuse to give such consent or approval, then Borrower Borrowers shall not be entitled to any damages for any withholding or delay of such approval or consent by Lender, it being intended that Borrower’s Borrowers’ sole remedy shall be to bring an action for an injunction injunction, declaratory judgment or specific performance.
Appears in 2 contracts
Samples: Loan Agreement (GTJ REIT, Inc.), Loan Agreement (GTJ REIT, Inc.)
Failure to Consent. If Borrower shall seek the approval by or consent of Lender hereunder or under the Note, or any of the other Loan Documents, and Lender shall fail or refuse to give such consent or approval, then Borrower shall not be entitled to any damages for any withholding or delay of such approval or consent by Lender, it being intended that Borrower’s 's sole remedy shall be to bring an action for an injunction or specific performance.
Appears in 1 contract
Samples: Loan Agreement (Affordable Residential Communities Inc)
Failure to Consent. If Borrower shall seek the approval by or consent of Lender Agent or the Lenders hereunder or under the Note, or any of the other Loan Documents, and Lender Agent or the Lenders shall fail or refuse to give such consent or approval, then Borrower shall not be entitled to any damages for any withholding or delay of such approval or consent by LenderAgent or the Lenders, it being intended that Borrower’s 's sole remedy shall be to bring an action for an injunction or specific performance.
Appears in 1 contract
Failure to Consent. If Borrower shall seek the approval by or consent of Lender Agent or the Lenders hereunder or under the Note, or any of the other Loan Documents, Documents and Lender Agent or the Lenders shall fail or refuse to give such consent or approval, then Borrower shall not be entitled to any damages for any withholding or delay of such approval or consent by LenderAgent or the Lenders, it being intended that Borrower’s 's sole remedy shall be to bring an action for an injunction or specific performance.
Appears in 1 contract
Samples: Loan Agreement (First Union Real Estate Equity & Mortgage Investments)
