Modification Documents. Agent shall have received and approved the executed originals of (i) this Agreement, including the Consent and Reaffirmation of Guarantor attached hereto, and (ii) the fully executed and acknowledged modifications to deeds of trust and mortgages described in subparagraphs (1) through (5) below, each dated as of even date herewith executed by a Borrower and Agent (individually a "Short Form Agreement" and collectively, the "Short Form Agreements", and collectively with this Agreement and the Consent and Reaffirmation of Guarantor attached hereto, the "Modification Documents"):
Modification Documents. Agent shall have received and approved the executed originals of (i) this Agreement, including the Consent and Reaffirmation of Guarantor attached hereto, (ii) the New Notes, (iii) the Assignment Agreement, (iv) the Joinder by Additional Borrower, (v) the fully executed and acknowledged 000 00xx Xxxxxx Deed of Trust, (vi) the Texas Property Junior Deeds of Trust (as described in subparagraphs (1) and (2) below), and (vii) the fully executed and acknowledged modifications to deeds of trust and mortgages described in subparagraphs (3) through (6) below, each dated as of even date herewith executed by a Borrower and Agent (individually or collectively, the "Short Form Agreements", and collectively with this Agreement and the Consent and Reaffirmation of Guarantor attached hereto, the Joinder and the Texas Property Junior Deeds of Trust, the "Modification Documents"):
Modification Documents. As used herein, the "Modification Documents" shall ---------------------- mean (a) an Allonge (the "Allonge") in the form attached hereto as Exhibit "A"; (b) a Second Amendment to Construction Loan Deed of Trust and Security Agreement in the form attached hereto as Exhibit "B" (the "Modification to Deed of Trust"); (c) a First Amendment to Collateral Assignment of Leases, Rents, Profits and Income and Pledge of Accounts in the form attached hereto as Exhibit "C" (the "Modification to Assignment of Rents"); (d) a First Modification to Collateral Assignment of Project Documents in the form attached hereto as Exhibit I'D" (the "Modification to Assignment of Project Documents"); (e) Closing Certificates in the forms attached hereto as Exhibits "E-1", "E-2", "E-3", "E-4", and "E-5"; (f) this Agreement; (g) an Extension of Side Letter regarding Development Fee in the form attached hereto as Exhibit "F"; (h) a First Amendment to Interest Guaranty and Indemnity in the form attached hereto as Exhibit "I"; and (i) such other documents and instruments amending, modifying, restating, or extending any of the Loan Documents as Lender reasonably may require.
Modification Documents. Lender reserves the right to require that the Permanent Loan be documented by new loan documentation, opinions, certifications and the like, all acceptable to Lender in its sole discretion. To the extent that Lender chooses, in its sole discretion, to use the Construction Loan Documents, as modified and/or extended to evidence, govern and secure the Permanent Loan, the following documents, executed by Borrower, shall evidence the refinance of the Construction Loan into the Permanent Loan (collectively, the "Modification Documents" and individually a "Modification Document"):
Modification Documents. All of the Permanent Loan documents and title documents executed and delivered in connection with the closing of the Permanent Loan, all title policies and surveys, all Borrower organizational documents, all legal opinions (including legal opinions then typically required by ratings agencies), all insurance policies and coverage and insurance companies, all required evidence of compliance with all applicable laws and regulations, and all other evidence, information and material required by Lender or its counsel, shall be in form, scope and substance satisfactory to Lender's counsel who must approve title to the Project, the legality, validity and enforceability of all documents pertaining to the Permanent Loan, all proceedings in connection therewith and all other matters relating to the Permanent Loan and the closing thereof.
Modification Documents. The Company and the Buyers agree that this Agreement shall supersede the terms of the Modification Documents and that said Modification Documents shall be null and void and of no force and effect. Upon execution of this Agreement and delivery of the Warrants, the Buyers shall surrender to the Company the forms of July 31 Warrants in Buyers' possession.
Modification Documents. Lender shall have received the following documents (collectively, and together with this Agreement, the “Modification Documents”), duly executed and delivered by all parties thereto, and otherwise satisfactory in form and content to Lender and its counsel:
Modification Documents. As used herein, the "Modification Documents" ---------------------- shall mean (a) an Allonge (the "Allonge") in the form attached hereto as Exhibit "A"; (b) a Third Amendment to Construction Loan Deed of Trust and Security Agreement in the form attached hereto as Exhibit "B" (the "Modification to Deed of Trust"); (c) a Second Amendment to Collateral Assignment of Leases, Rents, Profits and Income and Pledge of Accounts in the form attached hereto as Exhibit "C" (the "Modification to Assignment of Rents"); (d) a First Modification to Collateral Assignment of Project Documents in the form attached hereto as Exhibit "D" (the "Modification to Assignment of Project Documents"); (e) Closing Certificates in
Modification Documents. Each of the Med Parties and all third parties other than PIBL (including the Med Subsidiaries Collateral Agent and the Depositary Bank) shall have delivered to PIBL such party's duly executed original signatures to this Agreement and each of the Modification Documents to which such Med Party is a party and every other agreement, instrument, certificate or other document required in connection herewith and therewith to be delivered at or before the Closing Date.
Modification Documents. PIBL shall have delivered to Med, as representative of the Med Parties, PIBL's duly executed original signatures to this Agreement and each of the Modification Documents to which PIBL is a party and every other agreement, instrument, certificate or other document required in connection herewith and therewith to be delivered at or before the Closing Date.
