Senior Lender. As used herein, “Senior Lender” means Silicon Valley Bank, and “Senior Loan Documents” means all present and future documents instruments and agreements entered into between Borrower and Senior Lender or by third parties relating to Borrower and Senior Lender.
Senior Lender. Senior Lender hereby acknowledges that: (i) it has received and reviewed, and, subject to the terms and conditions of this Agreement, hereby consents to and approves of the making of the Junior Loans and, subject to the terms and provisions of this Agreement, all of the terms and provisions of the Junior Loan Documents; (ii) the execution, delivery and performance of the Junior Loan Documents will not constitute a default or an event which, with the giving of notice or the lapse of time, or both, would constitute a default under the Senior Loan Documents; (iii) none of the Junior Lenders are under any obligation or duty to, nor has any Junior Lender represented that it will, see to the application of the proceeds of the Junior Loans other than the Junior Loan held by such Junior Lender; (iv) any EXECUTION VERSION application or use of the proceeds of the Junior Loans for purposes other than those provided in the Junior Loan Documents, including any Shortfall Advance, shall not affect, impair or defeat the terms and provisions of this Agreement or the Junior Loan Documents (provided that the foregoing shall not limit the obligations of Second Mezzanine Lender to make advances of the Shortfall Contingency Component as required by the Second Mezzanine Loan Agreement and this Agreement or the obligations of Senior Lender to use, hold and apply proceeds of Shortfall Advances as specified in this Agreement); and (v) any conditions precedent to Senior Lender’s consent to mezzanine or partner financing as set forth in the Senior Loan Documents or any other agreements with Borrower, as they apply to the Junior Loan Documents or the making of the Junior Loans, have been either satisfied or waived.
Senior Lender. Senior Lender may, from time to time, in its sole discretion, Transfer all or any of the Senior Loan or any interest therein in accordance with the terms of this Agreement, provided that any such transferee (other than in connection with a Securitization, provided the Transfer is made subject to this Agreement) assumes in writing the obligations of Senior Lender hereunder accruing from and after such Transfer and (except in connection with a Securitization) agrees to be bound by the terms and provisions hereof, and notwithstanding any such Transfer or subsequent Transfer, the Senior Loan and the Senior Loan Documents shall be and remain a senior obligation in the respects set forth in this Agreement to the Junior Loan and the Junior Loan Documents in accordance with the terms and provisions of this Agreement. Senior Lender agrees that, Senior Lender will not Transfer the Senior Loan to Borrower or any Affiliate of Borrower without the consent of all of the Junior Lenders, which may be withheld in the Junior Lenders' sole discretion.
Senior Lender the lender under the Senior Loan, including without limitation, , during the construction period, and , upon conversion to a permanent loan, and its successors and assigns, as the case may be.