Common use of Proceedings to Enjoin or Prevent Construction Clause in Contracts

Proceedings to Enjoin or Prevent Construction. If any proceedings are filed seeking to enjoin or otherwise prevent or declare invalid or unlawful all or any part of the Construction Work, Borrower, at its sole cost and expense, will cause such proceedings to be contested in a commercially reasonable manner, and in the event of an adverse ruling or decision, if commercially reasonable, prosecute all allowable appeals therefrom, and will, without limiting the generality of the foregoing, resist the entry or seek the stay of any temporary or permanent injunction that may be entered, and use its best efforts to bring about a favorable and speedy disposition of all such proceedings.

Appears in 3 contracts

Samples: Acquisition and Project Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust), Assignment and Assumption (Acadia Realty Trust)

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Proceedings to Enjoin or Prevent Construction. If any proceedings are filed seeking to enjoin or otherwise prevent or declare invalid or unlawful all or any part of the Construction Work, Borrower, at its sole cost and expense, will use commercially reasonable efforts to cause such proceedings to be vigorously contested in a commercially reasonable mannergood faith, and in the event of an adverse ruling or decision, if use commercially reasonable, reasonable efforts to prosecute all allowable appeals therefrom, and will, without limiting the generality of the foregoing, use commercially reasonable efforts to resist the entry or seek the stay of any temporary or permanent injunction that may be entered, and use its best efforts to bring about a favorable and speedy disposition of all such proceedings.

Appears in 2 contracts

Samples: Construction Loan Agreement (Vail Resorts Inc), Construction Loan Agreement (Vail Resorts Inc)

Proceedings to Enjoin or Prevent Construction. If any proceedings are filed seeking to enjoin or otherwise prevent or declare invalid unlawful the construction or unlawful all the occupancy, maintenance or operation of the Project or any part of the Construction Workportion thereof, Borrower, Borrower shall at its sole cost and expense, will : (i) cause such proceedings to be vigorously contested in a commercially reasonable manner, good faith; and (ii) in the event of an adverse ruling or decision, if commercially reasonable, prosecute all allowable appeals therefrom, and will, without . Without limiting the generality of the foregoing, Borrower shall resist the entry or seek the stay of any temporary or permanent injunction that may be entered, entered and use its best efforts to bring about a favorable and speedy disposition of all such proceedings.

Appears in 2 contracts

Samples: Construction Loan Agreement (Hall of Fame Resort & Entertainment Co), Loan Agreement (Hall of Fame Resort & Entertainment Co)

Proceedings to Enjoin or Prevent Construction. If any proceedings are filed seeking to enjoin or otherwise prevent or declare invalid or unlawful all or any part of the Construction Work, Borrower, at its sole cost and expense, will cause such proceedings to be vigorously contested in a commercially reasonable mannergood faith, and in the event of an adverse ruling or 106 decision, if commercially reasonable, prosecute all allowable appeals therefrom, and will, without limiting the generality of the foregoing, resist the entry or seek the stay of any temporary or permanent injunction that may be entered, and use its best efforts to bring about a favorable and speedy disposition of all such proceedings.

Appears in 1 contract

Samples: Construction Loan Agreement (Maguire Properties Inc)

Proceedings to Enjoin or Prevent Construction. If any proceedings are filed seeking to enjoin or otherwise prevent or declare invalid or unlawful all or any part of the Construction Work, Borrower, at its sole cost and expense, will cause such proceedings to be vigorously contested in a commercially reasonable mannergood faith, and in the event of an adverse ruling or decision, if commercially reasonable, prosecute all allowable appeals therefrom, and will, without limiting the generality of the foregoing, resist the entry or seek the stay of any temporary or permanent injunction that may be entered, and use its best commercially reasonable efforts to bring about a favorable and speedy disposition of all such proceedings.

Appears in 1 contract

Samples: Building Loan Agreement (KBS Strategic Opportunity REIT II, Inc.)

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Proceedings to Enjoin or Prevent Construction. If any proceedings are filed seeking to enjoin or otherwise prevent or declare invalid or unlawful all or any part of the Construction Work, Borrower, at its sole cost and expense, will use commercially reasonable efforts to cause such proceedings to be vigorously contested in a commercially reasonable mannergood faith, and in the event of an adverse ruling or decision, if use commercially reasonable, reasonable efforts to prosecute all allowable appeals therefrom, and will, without limiting the generality of the foregoing, use commercially reasonable efforts to resist the entry or seek the stay of any temporary or permanent injunction that may be entered, and use its best efforts to bring about a favorable and speedy disposition of all such proceedings.. Administrative Agent's,

Appears in 1 contract

Samples: Construction Loan Agreement (Vail Resorts Inc)

Proceedings to Enjoin or Prevent Construction. If any proceedings are filed seeking to enjoin or otherwise prevent or declare invalid unlawful the construction or unlawful all the occupancy, maintenance or operation of the Project or any part of the Construction Workportion thereof, Borrower, Borrower shall at its sole cost and expense, will expense (i) cause such proceedings to be vigorously contested in a commercially reasonable manner, good faith and (ii) in the event of an adverse ruling or decision, if commercially reasonable, prosecute all allowable appeals therefrom, and will, without . Without limiting the generality of the foregoing, Borrower shall resist the entry or seek the stay of any temporary or permanent injunction that may be entered, entered and use its best efforts to bring about a favorable and speedy disposition of all such proceedings.

Appears in 1 contract

Samples: Building Loan Agreement (Mapinfo Corp)

Proceedings to Enjoin or Prevent Construction. If any proceedings are filed seeking to enjoin or otherwise prevent or declare invalid or unlawful all or any part of the Construction Work, Borrower, at its sole cost and expense, will cause such proceedings to be vigorously contested in a commercially reasonable mannergood faith, and in the event of an adverse ruling or decision, if commercially reasonable, prosecute all allowable appeals therefrom, and will, without limiting the generality of the foregoing, resist the entry or seek the stay of any temporary or permanent injunction that may be entered, and use its best efforts to bring about a favorable and speedy disposition of all such proceedings.

Appears in 1 contract

Samples: Acquisition and Project Loan Agreement (KBS Strategic Opportunity REIT II, Inc.)

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