Leasing Decisions. Provided no Event of Default exists, and except as otherwise provided in this Subsection, Borrower may, without Lender’s prior written consent: (i) amend or supplement any Permitted Lease or waive any term thereof (including, without limitation, shortening the lease term, reducing rents, granting rent abatements, or accepting a surrender of all or any portion of the leased space); (ii) cancel or terminate any Permitted Lease; (iii) consent to a tenant’s assignment of its Permitted Lease or subleasing of space; or (iv) amend, supplement, waive or terminate any Lease guaranty. Any action with respect to any Lease that does not satisfy the requirements set forth in this Section requires Lender’s prior written approval at Borrower’s expense (including reasonable legal fees).
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Leasing Decisions. Provided no Event of Default exists, and except as otherwise provided in this Subsection, Borrower maymay permit Mortgage Borrower to, without Lender’s prior written consent: (i) amend or supplement any Permitted Lease or waive any term thereof (including, without limitation, shortening the lease term, reducing rents, granting rent abatements, or accepting a surrender of all or any portion of the leased space); (ii) cancel or terminate any Permitted Lease; or (iii) consent to a tenant’s assignment of its Permitted Lease or subleasing of space; or (iv) amend, supplement, waive or terminate any Lease guaranty. Any action with respect to any Lease that does not satisfy the requirements set forth in this Section requires Lender’s prior written approval at Borrower’s expense (including reasonable legal fees).
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Sources: Mezzanine Loan Agreement (CNL Hotels & Resorts, Inc.)