Examples of Approved Franchise in a sentence
The Borrower will not, nor will it permit any of its Subsidiaries (other than Permitted Other Subsidiaries) or any Approved Participating Lessee (other than as a lessee of a Permitted Non-Eligible Property) to enter into any termination, material modification or amendment of any Approved Franchise Agreement except in connection with the conversion of a Hotel Property from an Approved Franchise Agreement with one Approved Franchisor to an Approved Franchise Agreement with another Approved Franchisor.
Schedule 4.21 sets forth, as of the date of this Agreement, (a) which franchise agreements the Borrower expects to terminate, (b) the expected date of such termination, (c) the expected fees, if any, which will be owed to the franchisor being terminated in connection with such termination and (d) the expected replacement Approved Franchisor and the material terms of the expected replacement Approved Franchise Agreement.
For purposes of this Section 5.10, a "material default" shall mean a monetary default and any default, which if not cured, would be a default under any applicable Approved Franchise Agreement and Approved Management Agreement allowing the Person party to such agreement to terminate such agreement.
The Approved Participating Lessee for a Hotel Property subject to an Approved Franchise Agreement is the licensee under such Approved Franchise Agreement and no consent is necessary to such Person being the licensee under such Approved Franchise Agreement which has not already been obtained.
The only hotel franchise agreements burdening the Initial Properties (excluding the Permitted Non-Eligible Properties) are the Approved Franchise Agreements.
Neither the Borrower, the Parent nor any of their Subsidiaries is in default under or with respect to (i) any contract, agreement, lease or other instrument which could reasonably be expected to cause a Material Adverse Change or (ii) any Qualified Ground Lease, Approved Participating Lease, Approved Franchise Agreement or Approved Management Agreement.
If at the time of acquisition of a Hotel Property such Hotel Property is operated pursuant to a franchise or license agreement, then (i) such Hotel Property must be subject to an Approved Franchise Agreement with an Approved Franchisor, (ii) no material default by the franchisee under the Approved Franchise Agreement exists, and (iii) the Approved Franchise Agreement remains in full force and effect.
The Approved Franchise Agreements are in full force and effect and to the knowledge of the Borrower no material defaults by an Approved Participating Lessee exist thereunder.
To Borrower’s knowledge, none of Property Owner, TRS Lessee, or to Borrower’s knowledge, any other party thereto, is in material default under any Approved Franchise Agreement.
Lender also rescinds its notice of default set forth in Lender’s letter to Borrower dated as of April 22, 2010, with respect to Borrower’s failure to provide documentary evidence of completion of Required Reserve Expenditures under Approved Franchise Agreements, and waives any Default or Event of Default arising from Borrower’s failure to provide such documentary evidence (although Lender does not waive Borrower’s obligation to comply with all requirements under Approved Franchise Agreements).