Common use of Zoning Clause in Contracts

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 124 contracts

Samples: Loan Agreement (Maguire Properties Inc), And Security Agreement (DT Acceptance Corp), Loan Agreement (Cousins Properties Inc)

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Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 37 contracts

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Hudson Pacific Properties, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 18 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 5 contracts

Samples: Loan Agreement (TNP Strategic Retail Trust, Inc.), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulationApplicable Law, without the prior written consent of Lender.

Appears in 5 contracts

Samples: Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Piedmont Office Realty Trust, Inc.), Loan Agreement (Eldorado Resorts, Inc.)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 5 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Zoning. Borrower shall not permit Mortgage Borrower to, initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties Inc), Mezzanine Loan Agreement (Maguire Properties Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of any of the Property Individual Properties or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any of the Property Individual Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 3 contracts

Samples: Loan Agreement (Host Marriott L P), Loan Agreement (Host Marriott Corp/), Loan Agreement (Hilton Hotels Corp)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance (other than in the ordinary course of business) under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 3 contracts

Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-non conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender, which shall not be unreasonably withheld, conditioned or delayed.

Appears in 2 contracts

Samples: Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the its Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the such Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 2 contracts

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (RFS Partnership Lp)

Zoning. Borrower shall not initiate or consent to any zoning reclassification rectification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of any of the Property Properties or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any of the Property Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender, which consent shall not be unreasonably withheld as to any such non-conforming use.

Appears in 1 contract

Samples: Loan Agreement (Ramco Gershenson Properties Trust)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the a Borrowing Base Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property Borrowing Base Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (GTJ REIT, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the its Property or seek any variance under any existing zoning 45 ordinance or use or permit the use of any portion of the such Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

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Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Properties Inc)

Zoning. Borrower and each Individual Borrower shall not initiate or consent to any zoning reclassification of any portion of any of the Property Properties or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any of the Property Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Capstar Hotel Co)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of any of the Property Properties or seek any variance under any existing zoning ordinance or use or permit the use of any portion of any of the Property Properties in any manner that could result in such that use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Malan Realty Investors Inc)

Zoning. Borrower shall not permit Mortgage Borrower to initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the any Individual Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of LenderAgent.

Appears in 1 contract

Samples: Loan Agreement (Skilled Healthcare Group Inc)

Zoning. Subject to Section 7.6, Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Ashworth Inc)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property Property, or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such use becoming a non-conforming nonconforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of LenderAdministrative Agent (not to be unreasonably withheld, conditioned or delayed).

Appears in 1 contract

Samples: Loan Agreement (KBS Growth & Income REIT, Inc.)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance which would have a Material Adverse Effect, or use or permit the use of any portion of the Property Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Capital Lodging)

Zoning. No Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could result in such the use becoming a non-conforming nonconforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior consent of Lender.

Appears in 1 contract

Samples: Master Reimbursement Agreement (Avalon Properties Inc)

Zoning. Borrower shall cause Mortgage Borrower not to initiate or consent to any zoning reclassification of any portion of the any Individual Property or seek any variance under any existing zoning ordinance which would have a Material Adverse Effect, or use or permit the use of any portion of the Property Properties in any manner that could result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capital Lodging)

Zoning. Borrower shall not initiate or consent to any zoning reclassification of any portion of the Property or seek any variance under any existing zoning ordinance or use or permit the use of any portion of the Property in any manner that could is reasonably likely to result in such use becoming a non-conforming use under any zoning ordinance or any other applicable land use law, rule or regulation, without the prior written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Sunstone Hotel Investors, Inc.)

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