Deemed Approval Matter definition

Deemed Approval Matter means any matter requiring the consent of Lender under the Loan Documents including, without limitation, the following: (1) contracts for which Lender approval is required hereunder, as contemplated in Sections 4.4 and 4.5, (2) Plans and Specifications and changes thereto for which Lender approval is required hereunder, as contemplated in Section 4.6, (3) Borrower's contracting for any materials, furnishings, equipment, fixtures or other parts or components of the Improvements in which any third party will retain any interest for which Lender approval is required hereunder, as contemplated in Section 4.8, (4) the inclusion of the Property in any assessment district or community facilities district for which Lender approval is required hereunder, as contemplated in Section 4.11, (5) formation and authorization documents of Borrower and Payment Guarantor, and modifications thereto, for which Lender approval is required hereunder, as contemplated in Sections 6.3 and 9.10, (6) the issuance of any Set Aside Letter for which Lender approval is required hereunder, as contemplated in Section 8.1; (7) leases and leasing parameters for which Lender approval is required hereunder, as contemplated in Section 9.4, (8) any Subdivision Map for which Lender approval is required hereunder, as contemplated in Section 9.6, (9) assignment of all or any portion of Borrower's interest under the Loan documents or any moneys due or to become due thereunder for which Lender approval is required hereunder, as contemplated in Section 9.8, and (10) agreements providing for the management, leasing or operation of the Property or Improvements for which Lender approval is required hereunder, as contemplated in Section 9.9; provided, however, the Lender's right to approve, as provided in this Agreement, (i) the Title Policy and (ii) any transfer of the Property, any interest in Borrower, any interest in the Project Entity or any interest in WEO other than a Permitted Transfer, shall not constitute Deemed Approval Matters.

Examples of Deemed Approval Matter in a sentence

  • With respect to any Deemed Approval Matter, such matter shall be deemed approved by Lender if Borrower delivers to Lender, with Borrower's next request for a disbursement pursuant to Article III, below, a properly completed and factually accurate Certificate of Approval, and Lender does not dispute such Certificate of Approval by written notice to Borrower delivered within five (5) Business Days following Lender's receipt thereof.

  • With respect to any Deemed Approval Matter, such matter shall be deemed approved by Lender if Borrower delivers to Lender, with Borrower’s next request for a disbursement pursuant to Article III, below, a properly completed and factually accurate Certificate of Approval, and Lender does not dispute such Certificate of Approval by written notice to Borrower delivered within five (5) Business Days following Lender’s receipt thereof.