Pre-Negotiation Agreement Sample Clauses
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Pre-Negotiation Agreement. Notwithstanding anything to the contrary contained in the Loan Documents or the Lender Documents, in connection with any request, modification or other negotiation relating to the Loan between Borrower and any Lender (or any agent thereof, including any Servicer, special servicer or controlling class representative), Lender acknowledges and agrees that any pre-negotiation agreement or similar agreement to the extent required by such Lender (or agent thereof, including any Servicer, special servicer or controlling class representative) or requested by Borrower shall be in the form attached here to as Exhibit I. Notwithstanding anything to the contrary contained in the Lender Documents, to the extent that a Mezzanine Lender (if any) or its affiliates, partners, members, officers, directors, employees, legal counsel, co-lenders, participants, agents (including administrative agents), servicers, special servicers, insurers, existing financing sources, investors, accountants, regulators, or financial or other professional advisors (including, without limitation, appraisers and brokers), rating agencies, trustees, depositors, certificate administrators, controlling class representatives, certificateholders, operating advisors and bondholders (collectively, “Related Parties”) discloses to Lender, or ▇▇▇▇▇▇’s Related Parties, any communications, discussions or negotiations relating to possible compromises, modifications, waivers, consents or deferrals of certain terms of the Loan Documents and/or the Mezzanine Loan Documents, but only to the extent such communications, discussions or negotiations are not otherwise specifically required to be disclosed to Lender pursuant to the requirements of the Loan Documents or Lender Documents (“Confidential Information”), such Confidential Information shall constitute settlement negotiations, and therefore, (i) may not be used for any other purpose (including, without limitation, proof of admissions of liability or for other evidentiary purposes) and (ii) shall be inadmissible for all purposes and shall not be subject to discovery in any judicial or similar proceeding.
Pre-Negotiation Agreement. The parties hereto acknowledge and agree that upon the Amendment Effective Date this Amendment shall constitute a Restructuring Agreement, as such term is defined in the Pre-Negotiation Agreement dated as of April 7, 2020 among the Administrative Agent, the Borrower, and the Guarantors (the “Pre-Negotiation Agreement”).
Pre-Negotiation Agreement. The parties hereto acknowledge and agree that this Amendment is a “written agreement” pursuant to Section 2 of the Pre-Negotiation Agreement entered into by and among the Agent, the Borrowers and the Guarantors dated as of January 14, 2021.
Pre-Negotiation Agreement. This Agreement and the other Loan Documents shall each constitute a “written agreement” within the meaning of Section 3 of the Pre-Negotiation Agreement.
Pre-Negotiation Agreement. The Pre-Negotiation Agreement is hereby confirmed and ratified in all respects and remains in full force and effect. Without limiting the effectiveness of the previous sentence, for the avoidance of doubt, all discussions and negotiations conducted during the Forbearance Period are covered by, and entitled to the existing protections and benefits of the covenants, conditions and terms of, the Pre-Negotiation Agreement. This Agreement is a “written agreement” within the meaning of Section 2 of the Pre-Negotiation Agreement.
Pre-Negotiation Agreement. Administrative Agent, Buyers, Sellers and Guarantor have entered into a pre-negotiation agreement in form and substance mutually agreeable to the parties thereto.