Approval of Lender. This lease is subject to the approval of Landlord's lender, and Landlord and Tenant shall cooperate in amending this lease from time to time to include any provisions which any such lender may reasonably require, provided that any such amendment shall in no way affect the term or rent under this lease. Any failure by Tenant so to cooperate shall constitute a material default under this lease.
Approval of Lender. All legal and other matters incidental to the granting of each of the Credits shall be satisfactory to Lender.
Approval of Lender. The obligations of Lessee Group under this Agreement are subject to the consent and approval of fifty-one percent (51%) of the Lenders as named in that certain Credit Agreement dated February 12, 1997 by and among New GranCare, Inc., as Borrower, and First Union National Bank of North Carolina, as Adminstrative Agent, the Chase Manhanttan Bank, as Syndication Agent, and First Union National Bank of North Carolina, as L.C. Bank; provided that Lessee Group makes continuous and good faith efforts to obtain such approvals. 15 (continued)
Approval of Lender. This Lease subject to approval by the permanent lender.
Approval of Lender. The terms and conditions of this Lease are subject to prior written approval of Landlord's mortgagee. Further, Landlord and Tenant shall not, without the prior written consent of Landlord's mortgagee, to the extent such consent is required under then existing loan documents, voluntarily by agreement terminate, cancel or surrender this Lease or any part thereof, except as provided herein, or modify this Lease or accept or pay rent of more than one month in advance of its due date.
Approval of Lender. All proceedings taken in connection with the transactions provided for herein, including all surveys, insurance policies, bonds, appraisals and documents required or contemplated by the Commitment Letter or this Agreement, and the persons responsible for the execution and preparation thereof, shall be reasonably satisfactory to Lender and Borrower shall promptly furnish to Lender's counsel copies of all documents which they may request in connection therewith.
Approval of Lender. This Lease Agreement is contingent upon the approval of any and all mortgagees and other lenders of Landlord. Landlord shall have thirty (30) days from the execution of this Lease Agreement to obtain all necessary approvals from its mortgagee and other lenders; and, thereafter, shall have the right to extend said approval period for an additional ten (10) days upon written notice to Tenant. If such approvals cannot be obtained within the aforesaid period, Landlord shall have the right, at its election, to terminate this Lease upon written notice to Tenant and shall refund any deposit paid pursuant to Subsection 5.2, and thereafter the rights and duties of the parties hereunder shall be null and void and be of no further force and effect.
Approval of Lender. In performing its functions under this Agreement and the Security Agreements, except as otherwise expressly provided herein, Agent shall have the authority (but not the obligation), on behalf of Lender, to make any decision, to take any action or refrain from taking any action and to give any consent or waiver that it may deem advisable; provided, however, that the written approval of Lender shall be required for any amendment, modification, termination or waiver of any provision of this Agreement, the Security Agreements, or the Note, any release of Borrower of any of the Collateral, or any action or assertion of rights (or any rescission of any such action or assertion of rights) against Borrower or the Collateral upon the occurrence of an Event of Default.
Approval of Lender. Original Landlord has provided a loan to Landlord, which is secured by a deed of trust encumbering the Building for the benefit of Original Landlord. Pursuant to the terms of Landlord's agreement with Original Landlord, Original Landlord has the right to approve any modification of a lease of the Building. The effectiveness of this First Amendment is subject to the condition precedent that approval of Original Landlord is granted ("Original Landlord Approval"). Landlord hereby agrees to use commercially reasonable efforts to obtain Original Landlord Approval on or before June 23, 2003. If for any reason, Original Landlord Approval has not been obtained on or before June 23, 2003, then Tenant shall have the right to declare this First Amendment null and void, provided Tenant gives Landlord a cure period of seven (7) days after written notice during which Landlord may obtain the approval of Original Landlord, in which case this First Amendment shall continue in full force and effect. If for any reason, Original Landlord Approval has not been obtained on or before June 30, 2003, then Landlord shall have the right to declare this First Amendment null and void as of June 30, 2003, by written notice to Tenant, provided that prior to June 30, 2003, Landlord covenants to use commercially reasonable efforts to obtain the consent of Original Landlord, and if the consent of Original Landlord is obtained then this First Amendment shall continue in full force and effect.
Approval of Lender. Seller hereby represents and warrants that Xxxx Community Bank, successor by merger to VisionBank of Iowa (“Bank”), has approved (i) the transaction contemplated by the Agreement, as amended by this Amendment, and (ii) the terms and conditions of this Amendment, all as more particularly set forth in that certain letter from Bank dated October 19, 2010, a copy of which is attached hereto as Exhibit “A”.
