Common use of Replacement of Manager Clause in Contracts

Replacement of Manager. Lender shall have the right to require Borrower to replace the Manager with a Person chosen by Borrower and approved by Lender upon the occurrence of any one or more of the following events: (i) at any time following the occurrence of an Event of Default and/or (ii) at any time that the Manager has engaged in (x) gross negligence, (y) fraud or (z) willful misconduct.

Appears in 3 contracts

Samples: Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Reckson Operating Partnership Lp), Loan Agreement (Reckson Associates Realty Corp)

AutoNDA by SimpleDocs

Replacement of Manager. Lender shall have the right to require Borrower to replace the Manager with a Person chosen by Borrower and approved by Lender upon the occurrence of any one or more of the following events: (i) if Manager shall be in default under the Management Agreement beyond any applicable notice and cure period, (ii) if Manager shall become insolvent or a debtor in any Bankruptcy Action, or (iii) if at any time following the occurrence of an Event of Default and/or (ii) at any time that the Manager has engaged in (x) gross negligence, (y) fraud or (z) willful misconduct.

Appears in 2 contracts

Samples: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.), Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.)

Replacement of Manager. Lender shall have the right to require Borrower to replace the Manager with a Person chosen by Borrower and approved by Lender upon the occurrence of any one or more of the following events: (i) at any time following the occurrence of an Event of Default and/or (ii) at any time that the Manager has engaged in (x) gross negligence, (y) fraud or (z) willful misconductDefault.

Appears in 2 contracts

Samples: Loan Agreement (IMH Financial Corp), Loan Agreement (IMH Financial Corp)

Replacement of Manager. Lender shall have the right to require Borrower to replace the Manager with a Person which is not an Affiliate of, but is chosen by by, Borrower and approved by Lender upon the occurrence of any one or more of the following events: (ia) at any time following the occurrence of an Event of Default and/or (iib) if Manager shall be in default under the Management Agreement beyond any applicable notice and cure period or if at any time that the Manager has engaged in (x) gross negligence, (y) fraud or (z) willful misconduct.

Appears in 2 contracts

Samples: Loan Agreement (Interstate Hotels & Resorts Inc), Loan Agreement (Interstate Hotels & Resorts Inc)

Replacement of Manager. Lender shall have the right to require Borrower to replace the Manager with a Person chosen by Borrower and approved by Lender Qualifying Manager upon the occurrence of any one or more of the following events: (ia) at any time following the occurrence of an Event of Default and/or (iib) if Manager shall be in default under the Management Agreement beyond any applicable notice and cure period or if at any time that the Manager has engaged in (x) gross negligence, (y) fraud or (z) willful misconduct.

Appears in 1 contract

Samples: Loan Agreement (Telx Group, Inc.)

Replacement of Manager. Lender shall have the right to require Borrower Borrowers to replace the Manager with a Person chosen by Borrower Borrowers and approved by Lender upon the occurrence of any one or more of the following events: (i) at any time following the occurrence and during the continuance of an a monetary Event of Default and/or Default, (ii) at if Manager shall be in default under any time that the Manager has engaged in (x) gross negligencematerial term of any Management Agreement beyond any applicable notice and cure period, (y) fraud or (ziii) willful misconductif Manager shall become insolvent or a debtor in any bankruptcy or insolvency proceeding.

Appears in 1 contract

Samples: Loan Agreement (Reckson Operating Partnership Lp)

Replacement of Manager. Lender shall have the right right, in its sole discretion, to require Borrower to replace the Manager upon prior notice with a Person chosen by Borrower and reasonably approved by Lender upon the occurrence of any one or more of the following events: (i) at any time following the occurrence and continuance of an Event of Default and/or (ii) if Manager is in default of any material provision under the Management Agreement beyond any applicable notice and cure period or if at any time that the Manager has engaged in (x) gross negligence, (y) fraud or (z) willful misconduct.

Appears in 1 contract

Samples: Loan Agreement (City Office REIT, Inc.)

AutoNDA by SimpleDocs

Replacement of Manager. Lender shall have the right to require Borrower to replace the Manager with a Person chosen by Borrower and approved by Lender Qualified Manager upon the occurrence of any one or more of the following events: (i) at any time following the occurrence of an Event of Default Default, and/or (ii) if Manager shall be in default under the Management Agreement beyond any applicable notice and cure period or if at any time that the Manager has engaged in (x) gross negligence, (y) fraud or (z) willful misconduct. The Property shall at all times be managed by a Qualified Manager.

Appears in 1 contract

Samples: Loan Agreement (Digital Realty Trust, Inc.)

Replacement of Manager. Lender shall have the right right, in its sole discretion, to require Borrower to replace the Manager upon prior notice with a Person chosen by Borrower and reasonably approved by Lender upon the occurrence of any one or more of the following events: (i) at any time following the occurrence and continuance of an Event of Default and/or (ii) if Manager shall be in default of any material provision under the Management Agreement beyond any applicable notice and cure period or if at any time that the Manager has engaged in (x) gross negligence, (y) fraud or (z) willful misconduct.

Appears in 1 contract

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)

Replacement of Manager. Lender shall have the right to require Borrower to replace the Manager with a Person which is not an Affiliate of, but is chosen by by, Borrower and approved by Lender upon the occurrence of any one or more of the following events: (ia) at any time following the occurrence and during the continuance of an Event of Default Default, (b) if Manager shall be in default under the Management Agreement beyond any applicable notice and cure period, and/or (iic) at if Manager, Guarantor or Key Principal shall become insolvent or a debtor in any time that the Manager has engaged in (x) gross negligence, (y) fraud or (z) willful misconductBankruptcy Action.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital - Retail Centers of America, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.