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) subject to the terms and provisions of this Agreement, 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; (iv) any application or use of the proceeds of the Junior Loans for purposes other than those provided in the Junior Loan Documents shall not affect, impair or defeat the terms and provisions of this Agreement or the Junior Loan Documents; 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 the Senior Borrower, as they apply to the Junior Loan Documents or the making of the Junior Loans, have been either satisfied or waived. Notwithstanding any provisions herein to the contrary, Senior Lender agrees that no default or Event of Default under any of the Junior Loan Documents shall, in and of itself, constitute or give rise to a default or Event of Default under the Senior Loan Documents, entitle Senior Lender to accelerate payments under the Senior Loan Documents or entitle Senior Lender to modify any provisions of the Senior Loan Documents; provided, however, the circumstances giving rise to a default or Event of Default under the Junior Loan Documents may independently give rise to a default or Event of Default under the Senior Loan Documents as provided for therein.
Senior Lender. Defined in the Recitals.
Senior Lender. Senior Lender hereby represents and warrants to each of the Junior Lenders as follows:
Senior Lender. LAURUS MASTER FUND, LTD., a Cayman Islands company, By: Name: Title: BORROWER: TIME AMERICA, INC., a Nevada corporation By: Name: Title: TIME AMERICA, INC., an Arizona corporation By: Name: Title: NETEDGE DEVICES, LLC, an Arizona limited liability company By: Name: Title:
Senior Lender. Senior Lender hereby represents and warrants as follows:
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.
Senior Lender. Any holder of any Senior Obligation (including any Affiliate of such Senior Lender and their respective successors and assigns).
Senior Lender. LASALLE BANK NATIONAL ASSOCIATION F/K/A LASALLE NATIONAL BANK, as Trustee for Mortgage Pass-Through Certificates Series 1996-2, by and through MIDLAND LOAN SERVICES, INC., its Master Servicer and Attorney-In-Fact By: /s/ Xxxxx X. Xxxxxxxxx -------------------------------------- Name: Xxxxx X. Xxxxxxxxx --------------------------------- Title: Senior Vice President -------------------------------- [SIGNATURES CONTINUED ON FOLLOWING PAGE] SUBORDINATE LENDER: ------------------ LASALLE BANK NATIONAL ASSOCIATION, AS INDENTURE TRUSTEE FOR THE BENEFIT OF THE HOLDERS OF ISTAR ASSET RECEIVABLES TRUST COLLATERALIZED MORTGAGE BONDS SERIES 2000-1 By: iStar Asset Services, Inc., as duly authorized primary servicer By: /s/ Xxxxxxx Xxxxx ---------------------------------- Name: Xxxxxxx Xxxxx ----------------------------- Title: President ---------------------------- EXHIBIT "A" ----------- THE HOTELS ----------
Senior Lender. As used herein, "Senior Lender" means Silicon Valley Bank, and "Senior Loan Documents" means that certain Loan and Security Agreement dated as of November 8, 2004, between QualMark and Silicon Valley Bank.
