JOINDER AND CONSENT. IN CONSIDERATION OF TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby executes and delivers this Joinder and Consent to this Agreement for the purposes of acknowledging and consenting to the provisions of this Agreement relating to or affecting High View Homes, including, without limitation, Section 3.3(c), Section 3.4(b), Section 4, Section 7.8, Section 9.2.2(q), Section 14.4, Section 15.2, and Section 19, all as of the day and year first above written. HIGH VIEW HOMES LLC By: Its
JOINDER AND CONSENT. Premier Golf Management, Inc. does hereby join in the execution of this Second Amended and Restated Lease Agreement for the sole purpose of acknowledging, agreeing and consenting to the provisions of Section 12.1(m) of this Second Amended and Restated Lease Agreement and the performance of its respective obligations thereunder. PREMIER GOLF MANAGEMENT, INC., a Delaware corporation By: /s/ Xxxx Xxxxx Xxxxxxx Name: Xxxx Xxxxx Xxxxxxx Title: Vice President EXHIBIT A INITIAL LANDLORD P&E [Intentionally Omitted] EXHIBIT B MINIMUM RENT Minimum Rent shall be payable with respect to each Lease Year (or portion thereof, as applicable) during the Term under the Leases and shall be, in the aggregate, an annual amount equal to (i) $10,813,635.00 (payable in nine (9) equal monthly installments commencing with the April 2012 Accounting Period and ending with the December 2012 Accounting Period in accordance with Section 3.2 hereof), with an amount equal to $599,688.00 of such $10,813,635.00 being attributable to the amount of Minimum Rent due and payable under this Lease, and (ii) $14,418,177.00 (payable in twelve (12) equal monthly installments in accordance with Section 3.2 hereof) for Lease Years 2013 and 2014, with an amount equal to $799,588.00 of such $14,418,177.00 being attributable to the amount of Minimum Rent due and payable under this Lease. Commencing Lease Year 2015, Minimum Rent shall increase annually by an amount equal to the greater of (a) the product obtained by multiplying the Minimum Rent then in effect times two percent (2%), and (b) the product obtained by multiplying the Minimum Rent then in effect times the then annual percentage increase in CPI; provided, however, that no portion of Minimum Rent due and payable under the Leases shall be attributable to the Mission Hills Leased Property (as such term is defined on Schedule 1 attached hereto). EXHIBIT C PERMITTED ENCUMBRANCES [Intentionally Omitted] EXHIBIT D INITIAL TENANT PERSONAL PROPERTY [Intentionally Omitted] EXHIBIT E THE LAND [Intentionally Omitted] EXHIBIT F TENANT ESTOPPEL CERTIFICATE [Intentionally Omitted] EXHIBIT G MEMORANDUM OF AMENDED AND RESTATED LEASE [Intentionally Omitted] EXHIBIT H MEMBERSHIP DOCUMENTS [Intentionally Omitted] SCHEDULE 1 AFFILIATED LEASES [Intentionally Omitted] SCHEDULE 5.3-1 IMPROVEMENT PROJECT [Intentionally Omitted] SCHEDULE 5.3-2 IMPROVEMENT PROJECT PROCEDURES [Intentionally Omitted] SCHEDULE 16.2 TENANT ORGANIZATIONAL CHART [Intentionally Omitted] SCHEDUL...
JOINDER AND CONSENT. For and in consideration of the mutual covenants, terms, and conditions and restrictions contained herein, together with other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, ONE FLORIDA BANK, a Florida banking corporation, as holder of that certain Mortgage, Security Agreement, Financing Statement and Assignment of Rents (hereinafter referred to as the “Mortgage”) which is recorded in Official Records Book 9757, Page 1364 of the Public Records of Seminole County, Florida, hereby joins in and consents to the foregoing Development and Property Division Agreement by and between the City of Winter Springs, a Florida municipal corporation, and Tuscawilla Property Investors, LLC, a Florida limited liability company, and further acknowledges and agrees that its Mortgage shall be subordinated to such Development and Property Division Agreement and the obligations contained therein. Dated this day of , 2021. Signed and sealed in the presence of: Print Name: ONE FLORIDA BANK, a Florida banking corporation By: Name: Title : Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of ( ) physical presence or ( ) online notarization, this day of , 2021, by , the of ONE FLORIDA BANK, a Florida corporation, on behalf of the corporation, who is personally known to me or produced _ as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name)
JOINDER AND CONSENT. Lender will join in and consent to Applicable Declaration, easements and other documents reasonably required in connection with development of the Applicable Resort provided such documents are reasonably acceptable to Lender.
JOINDER AND CONSENT. Agent, Lenders, Borrower and each Staffing Subsidiary hereby agree that from and following the date hereof each Staffing Subsidiary shall at all times be a Credit Party for purposes of the Credit Agreement and all other Loan Documents. Subject to the satisfaction of the conditions precedent set forth in Section 4 of this Amendment, and in reliance on the representations and warranties set forth in Section 6 of this Amendment, Agent and Lenders hereby consent to the Staffing Subsidiary Formation, the Blocked Account Establishment and the Reorganization. Except to the extent expressly set forth herein, the foregoing consents shall not constitute (a) a modification or alteration of the terms, conditions or covenants of the Credit Agreement or any document entered into in connection therewith, (including, without limitation, the terms and provisions of Sections 6.2 and 6.3 of the Credit Agreement), or (b) a waiver, release or limitation upon the exercise by Agent or Lender of any of its rights, legal or equitable, hereunder or under the Credit Agreement or any other Loan Document. Except as set forth above, each of the Agent and Lender reserves any and all rights and remedies which it has had, has or may have under the Credit Agreement and each other Loan Document.
JOINDER AND CONSENT. PROJECT FINANCE & DEVELOPMENT, LLC, a Florida limited liability company (“PFD”), hereby joins and consents to the foregoing Agreement upon assignment for the purposes of consenting to and acknowledging to be bound by the terms and provisions of the Agreement. Signed and sealed in the presence of: Print Name: PROJECT FINANCE & DEVELOPMENT, LLC, a Florida limited liability company By: _ Xxxxxx Xxxxxxxx, Manager Date: Print Name: STATE OF FLORIDA ) ) ss: COUNTY OF ORANGE ) The foregoing instrument was sworn to, subscribed and acknowledged before me this _ day of , 2022 by Xxxxxx Xxxxxxxx, as Manager of Project Finance & Development, LLC, a Florida limited liability company, on behalf of the company. They appeared before me by means of: [ ] online notarization, or [ ] physical presence and is [ ] personally known to me, or [ ] has produced _ as identification. (Signature of Notary Public) Print Name: Notary Public, State of Florida Commission No.: My Commission Expires: EXHIBIT A PROPERTY LEGAL DESCRIPTION A PORTION OF THE FOLLOWING: A PORTION OF XXXX 00, 00 XXX 00, X.X. XXXXXXXX'X SURVEY OF THE XXXX XXXXX ON LAKE XXXXXX AS PER PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBIC RECORDS OF SEMINOLE COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 28, X.X. XXXXXXXX'X SURVEY OF THE XXXX XXXXX ON LAKE XXXXXX AS PER PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA AND RUN SOUTH 71°24'38" EAST ALONG THE NORTH LINE OF SAID LOTS 28 AND 29 AND THE SOUTH RIGHT OF WAY LINE OF SECOND STREET FOR A DISTANCE OF 333.41 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 71°24'38" EAST ALONG SAID LINE FOR A DISTANCE OF 533.01 FEET TO A POINT ON A CURVE CONCAVE SOUTHWESTERLY HAVING TANGENT BEARING OF SOUTH 85°37'28" EAST AND A RADIUS OF 358.00 FEET; THENCE DEPARTING SAID NORTH LINE OF LOTS 28 AND 29 AND THE SOUTH RIGHT OF WAY LINE OF SECOND STREET AND RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 39°08'43" FOR A DISTANCE OF 244.59 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 28°28'45" EAST, A DISTANCE OF 237.47 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 142.00 FEET AND A CENTRAL ANGLE OF 45°00'00"; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE FOR A DISTANCE OF 111.53 FEET TO THE POINT OF TANGENCY; THENCE RUN SOUTH 71°28'45" EAST, A DISTANCE OF 253.56 FEET TO A POINT OF CURVATURE OF A CU...
JOINDER AND CONSENT. Each of PARC 7F-Operations Corporation and PARC Investors, LLC does hereby join in the execution of this Lease for the sole purpose of acknowledging, agreeing and consenting to the provisions of Section 20.7 of this Lease and the performance of its respective obligations thereunder. PARC 7F-OPERATIONS CORPORATION, a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President PARC INVESTORS, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President 84 EXHIBIT A THE LAND EXHIBIT B
JOINDER AND CONSENT. The undersigned individual, as the shareholder, and member of Seller, hereby agrees to be bound by the provisions of Article 10 hereof, entitled “Noncompetition,” and hereby represent and warrant that the second and third sentences of Section 4.1 are true and correct as of the date hereof and will be true and correct on the Closing Date. /s/ Pxxxxxx X. Xxxxxx PXXXXXX X. XXXXXX
JOINDER AND CONSENT. Tandem Health Care, Inc. hereby agrees to be bound by the provisions of Section 2.5 to this Agreement as it relates to it providing a guaranty, and further agrees that the statements in Section 5.1 as it relates to the Guarantor are true and correct as of the date hereof, and will be true and correct on the Closing Date. /s/ Lxxxxxxx X. Xxxxxxx Name: Lxxxxxxx X. Xxxxxxx Title: Chairman and CEO
JOINDER AND CONSENT. 88 Schedules Schedule 9.8 - Taxes Schedule 9.9 - Subsidiaries Schedule 9.10 - Litigation Schedule 9.23 - Names and Addresses Schedule 10.18 - Project Contracts Schedule 14.7 - Permitted Liens Schedule 21 - Form of Partial Release ix TABLE OF EXHIBITS EXHIBIT A-1 LEGAL DESCRIPTION OF PHASE 2 LAND EXHIBIT A-2 LEGAL DESCRIPTION OF EXISTING UNITS EXHIBIT B INTENTIONALLY OMITTED EXHIBIT C FORM OF REQUEST FOR CONSTRUCTION COMPONENT ADVANCE EXHIBIT D APPROVED SITE PLAN EXHIBIT E PHASE 2 COST CERTIFICATE EXHIBIT F FORM OF OFFICER'S CERTIFICATE CONSTRUCTION LOAN AND SECURITY AGREEMENT THIS CONSTRUCTION LOAN AND SECURITY AGREEMENT is made effective as of March ____, 2007 by and among TEXTRON FINANCIAL CORPORATION, a Delaware corporation ("Lender"), BLUEGREEN VACATIONS UNLIMITED, INC., a Florida corporation ("Borrower"), and BLUEGREEN CORPORATION, a Massachusetts corporation ("Guarantor").
