TIC Agreement. Except for transfers and other actions permitted by Article VIII, the Co-Borrowers will not terminate, modify, change, supplement, alter, amend or cancel the TIC Agreement without the Lender’s prior written consent.
TIC Agreement. Ensure that the Mortgage Borrower will not terminate, modify, change, supplement, alter, amend or cancel the TIC Agreement without the Mezzanine Lender’s prior written consent.
TIC Agreement. Any and all rights of Borrower under the TIC Agreement, including, without limitation, any options to purchase and rights of first refusal, including any rights of first refusal under Section 363(i) of the Bankruptcy Code; and
TIC Agreement. Borrower’s contract rights under that certain Tenancy-in-Common Agreement executed by and among TIC 1, TIC 2, TIC 3 and TIC 4 and dated on or about the date hereof (such agreements, together with all amendments, restatements, memoranda or other modifications thereof, collectively, the “TIC Agreement”);
TIC Agreement. (a) The TIC Agreement shall not be amended, modified, supplemented, restated, terminated or otherwise altered by Borrower, nor shall Borrower consent or otherwise acquiesce in any of the foregoing, without in each instance the prior consent of Lender (such consent not to be unreasonably withheld, delayed or conditioned); provided, however, Borrower’s failure to comply with this covenant shall not result in an Event of Default unless such failure is in any material respect and after the expiration of any applicable notice or cure period contemplated herein. Notwithstanding the foregoing, Borrower shall be permitted to execute a third amendment to the TIC Agreement without the prior consent of Lender, provided such third amendment is in the form of that certain draft Third Amendment to Tenancy in Common Agreement and Granting Easements for Xxxx Center Irvine Southwest provided by Borrower to Lender, and approved by Lender, prior to the date hereof, and provided further that Borrower provides Lender with a conformed recorded copy of such third amendment to the TIC Agreement as soon as reasonably available following the full execution thereof and recordation thereof in the Official Records of Orange County, California.
TIC Agreement. The parties agree that no amounts shall be payable at Closing in respect of the items described in clauses (a) through (d) of this Section 4.4 and any proration and settlement of such amounts shall be made in accordance with the TIC Agreement and the Master Lease.
TIC Agreement. That certain Amended and Restated Lot 4 Co-Ownership Agreement dated as of the date hereof, by and among EYP REALTY,LLC, a Delaware limited liability company, Borrower, XXXXXXX PROPERTIES-777 TOWER, LLC, a Delaware limited liability company, and XXXXXXX PROPERTIES-755 X. XXXXXXXX, LLC, a Delaware limited liability company, as the same may be further amended, supplemented or modified from time to time pursuant to the terms thereof and the terms of this Agreement.
TIC Agreement. The TIC Agreement is modified, amended, transferred, assigned, terminated, or rescinded by Borrower or Land (Parking) Owner, without the prior written consent of Administrative Agent, such consent not to be unreasonably withheld, conditioned or delayed; provided that, any amendment or modification to the TIC Agreement to reflect a transfer in the Land (Parking) to Borrower is hereby pre-approved by Administrative Agent);
TIC Agreement. Xxxxx acknowledges that he/she has been strongly advised to consult with an attorney familiar with tenancy in common ownership. Regardless of whether Xxxxx actually undertakes his/her own investigation, Xxxxx agrees that he/she will not rely on information or advice provided by Seller or any real estate or loan agent in evaluating the pros and cons of tenancy in common ownership, or the quality or terms of the TIC Agreement. The appropriate paragraph below should be initialed and completed. Buyer Has Already Approved TIC Agreement: If this option is selected, a TIC Agreement has already been provided to Buyer, and Xxxxx has had the opportunity to review it him/herself and to consult with attorneys and other advisors about it. Buyer hereby approves of the TIC Agreement. Buyer Has Not Yet Approved TIC Agreement: If this option is selected, a TIC Agreement has been provided to Buyer, and Buyer has until to notify Seller in writing that Buyer unconditionally approves of the TIC Agreement. If Buyer fails to provide such notification by the deadline, either Buyer or Seller may terminate this Contract.
TIC Agreement. Each party obligated hereunder as “Mortgagor” shall be a party to an agreement of co-tenancy (the “TIC Agreement”), the form of which shall have been delivered to, and approved by, Mortgagee prior to the date hereof. Each Mortgagor shall cause the TIC Agreement to remain in full force and effect at all times until payment in full of the Loan. It shall constitute an Event of Default hereunder (i) if the TIC Agreement shall not be in full force and effect as a binding agreement among all owners of the Property, or (ii) if the TIC Agreement shall be amended, canceled, modified or terminated, or any party shall be admitted thereto, in each case without the prior written consent of Mortgagee.
