Zoning Reclassification. Without the prior written consent of Lender (which in the case of clause (a) shall not be unreasonably withheld), permit Mortgage Borrower to (a) initiate or consent to any zoning reclassification of any portion of the Property, (b) seek any variance under any existing zoning ordinance that could result in the use of the Property becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, or (c) allow any portion of the Property to be used in any manner that could result in the use of the Property becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation;
Appears in 1 contract
Sources: Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.)
Zoning Reclassification. Without the prior written consent of Lender (the Administrative Agent, which in the case of clause (a) consent shall not be unreasonably withheld)withheld or delayed, permit Mortgage Borrower to (a) initiate or consent to any zoning reclassification of any portion of the Mortgaged Property, (b) seek any variance under any existing zoning ordinance that could result in the use of the Mortgaged Property becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, or (c) allow any portion of the Mortgaged Property to be used in any manner that could result in the use of the Mortgaged Property becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation;.
Appears in 1 contract
Sources: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
Zoning Reclassification. Without the prior written consent of Lender the Administrative Agent (which in the case of clause (a) shall not be unreasonably withheld), permit Mortgage Borrower to (a) initiate or consent to any zoning reclassification of any portion of the any Borrowing Base Property, (b) seek any variance under any existing zoning ordinance that could result in the use of the any Borrowing Base Property becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, or (c) allow any portion of the any Borrowing Base Property to be used in any manner that could result in the use of the such Borrowing Base Property becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, except in each case to permit ancillary uses which are not otherwise prohibited by this Agreement or any of the Operating Agreements;
Appears in 1 contract
Sources: Credit Agreement (Toys R Us Inc)