Management, Etc. The senior management of the Loan Parties as of November 30, 2009 shall continue to be senior management of Parent upon confirmation of the Plan of Reorganization and no change of such senior management shall have been publicly announced. The business plan for Parent, Holdings and the Borrower on the Closing Date shall be consistent with that described in the Plan of Reorganization.
Management, Etc. The management structure of Borrower and its Subsidiaries shall be as set forth on Schedule 5.1 annexed hereto, and Administrative Agent shall have received copies of, and shall be satisfied with the form and substance of, any and all employment contracts with senior management of Borrower and its Subsidiaries.
Management, Etc. Section 5.13 Financial Statements; Audit Rights Section 5.14 Maintenance of Non-Taxable Status Section 5.15 Lender's Attorneys' Fees and Expenses Section 5.16 Environmental Section 5.17 Report Updates Section 5.18 Lender Access to Property Section 5.19 Delivery of Documents Regarding Ownership Section 5.20 Conduct of Business
Management, Etc. 5.12.1 Borrower represents, warrants and covenants that (a) the Management Agreement previously delivered to Lender is a true, correct and complete copy of the Management Agreement between Manager and Borrower with respect to the Property, including any amendment or modification thereof, which Lender hereby approves; (b) the Management Agreement is in full force and effect and there is no default or violation by any party thereunder; (c) Borrower shall maintain the Management Agreement in full force and effect and timely perform all of its material obligations thereunder and enforce performance of all material obligations of the Manager thereunder; (d) Borrower shall simultaneously herewith enter into and cause Manager to enter into an agreement in form reasonably satisfactory to Lender subordinating the Manager's fees and other rights to the rights of Lender and (e) Borrower shall not terminate, cancel, or modify the Management Agreement, or enter into any agreement relating to the management or operation of the Property with Manager or any other party (other than an extension of the existing Management Agreement for compensation which is no greater, and on terms and conditions no less favorable to Borrower, than those contained in the existing Management Agreement) without the express written consent of Lender, which consent shall not be unreasonably withheld, conditioned or delayed. Any compensation of Manager with respect to its services performed at or in connection with the Property (other than the compensation provided in the existing Management Agreement) is subject to approval by Lender in its sole and absolute discretion and shall in no event exceed the Maximum Management Fee. If at any time there shall be a new manager, such new manager and Borrower shall, as a condition to Lender's consent, execute an agreement in the form then customarily used by Lender subordinating the management fees and other rights of the manager to the rights of Lender.
Management, Etc. 10.1 Contractor shall have an implemented and documented system for quality management in accordance with the requirements stated in Appendix D.
Management, Etc. The management structure of Borrower and its Subsidiaries shall be as set forth on Schedule 5.1 annexed hereto.
Management, Etc. 5.12.1 The Properties are at all times to be managed on Borrower's behalf in a competent and professional manger by a professional managing agent ("MANAGER"). Prior to engaging such Manager or executing a Management Agreement such Manager and Management Agreement shall be subject to reasonable approval by Lender, in its sole and absolute discretion, it being understood that the Persons identified on Exhibit P are hereby approved by Lender. Borrower represents it has delivered to Lender a true, correct and complete copy of the Management Agreement between Manager and Borrower. Any compensation of Manager with respect to its services performed at or in connection with the Properties (other than an extension of the existing Management Agreement for compensation which is no greater, and on terms and conditions no less favorable to Borrower, than those contained in the existing Management Agreement not to exceed, in any event, the Maximum Management Fee) are subject to reasonable approval by Lender. As a condition to their retention as Manager, each Manager shall be required to execute and deliver to Lender a Manager consent to the Assignment of Management Agreement for the applicable Individual Property or in the form attached as Exhibit Q or in such other form as shall acceptable to Lender.
Management, Etc. (a) Each of the Properties shall at all times be managed in a competent and professional manner appropriate for buildings similar to the applicable Property by either Borrower or a prominent professional managing agent approved by Lender (each, a "Manager" and, collectively, the "Managers") pursuant to management agreement(s) with Manager(s) approved by Lender (each, a "Management Agreement"), such approval not to be unreasonably withheld. Lender hereby approves Brentway Management LLC as the initial Manager for each Property. Notwithstanding anything to the contrary herein contained, any third party managing agent, and the terms and conditions of any management agreement therewith, or any amendment or modification of any management agreement theretofore approved by Lender, shall be subject to Lender's prior approval which may be granted or withheld in Lender's reasonable judgment.
Management, Etc. (a) The Premises shall at all times be managed in a competent and professional manner appropriate for buildings similar to the Premises by either Borrower or a prominent professional managing agent approved by Lender (a "Manager") pursuant to a management agreement with the Manager approved by Lender (the "Management Agreement"), such approval not to be unreasonably withheld. Lender hereby approves Brentway Management LLC as the initial Manager. Notwithstanding anything to the contrary herein contained, any third party managing agent, and the terms and conditions of any management agreement therewith, or any amendment or modification of any management agreement theretofore approved by Lender, shall be subject to Lender's prior approval which may be granted or withheld in Lender's reasonable judgment.
Management, Etc. If there is a mitigation plan for this site, provide the title, date, and location of the plan.] A proposed budget for this mitigation project is provided below.
