Common use of Exercise of Other Rights Clause in Contracts

Exercise of Other Rights. To the extent either Lender or Syndicator elects to exercise any rights they, respectively, may have with respect to changing the ownership structure of Borrower (including adding or removing general partners or managing members), replacing the contractor, changing the ownership structure of the developer (including adding or removing parties), replacing the developer, replacing the property management company, enforcing guarantees, or other similar actions, such actions shall be taken by a Lender only with the consent of the other Lender or by the Syndicator only with the consent of THDA, which consent shall not be unreasonably withheld. To the extent Senior Lender and/or Syndicator elect to exercise any rights they, respectively, may have, with respect to adjustments to amount and/or timing of payment of developer fees in connection with the Development, such actions shall be taken only with the express written consent of THDA, which shall not be unreasonably withheld.

Appears in 2 contracts

Samples: Housing Development Agency Intercreditor Agreement, Housing Development Agency Intercreditor Agreement

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Exercise of Other Rights. To the extent either Lender or Syndicator elects to exercise any rights they, respectively, may have with respect to changing the ownership structure of Borrower (including adding or removing general partners or managing members), replacing the contractor, changing the ownership structure of the developer (including adding or removing parties), replacing the developer, replacing the property management company, enforcing guarantees, or other similar actions, such actions shall be taken by a Lender only with the consent of the other Lender or by the Syndicator only with the consent of THDA, which consent shall not be unreasonably withheld. To the extent Senior [Senior/Private] Lender and/or Syndicator elect to exercise any rights they, respectively, may have, with respect to adjustments to amount and/or timing of payment of developer fees in connection with the Development, such actions shall be taken only with the express written consent of THDA, which shall not be unreasonably unreasonablye withheld.

Appears in 1 contract

Samples: Housing Development Agency Intercreditor Agreement

Exercise of Other Rights. To the extent either Lender or Syndicator elects to exercise any rights they, respectively, may have with respect to changing the ownership structure of Borrower (including adding or removing general partners or managing members), replacing the contractor, changing the ownership structure of the developer (including adding or removing parties), replacing the developer, replacing the property management company, enforcing guarantees, or other similar actions, such actions shall be taken by a Lender only with the consent of the other Lender Lender, or by the Syndicator only with the consent of THDA, which consent shall not be unreasonably withheld. To the extent Senior Lender and/or Syndicator elect elects to exercise any rights it they, respectively, may have, with respect to adjustments to amount and/or timing of payment of developer fees in connection with the Development, such actions shall be taken only with the express written consent of THDA, which shall not be unreasonably withheld.

Appears in 1 contract

Samples: Housing Development Agency Intercreditor Agreement

Exercise of Other Rights. To the extent either Lender or Syndicator elects to exercise any rights they, respectively, may have with respect to changing the ownership structure of Borrower (including adding or removing general partners or managing members), replacing the contractor, changing the ownership structure of the developer (including adding or removing parties), replacing the developer, replacing the property management company, enforcing guarantees, or other similar actions, such actions shall be taken by a Lender only with the consent of the other Lender or by the Syndicator only with the consent of THDA, which consent shall not be unreasonably withheld. To the extent Senior Private Lender and/or Syndicator elect to exercise any rights they, respectively, may have, with respect to adjustments to amount and/or timing of payment of developer fees in connection with the Development, such actions shall be taken only with the express written consent of THDA, which shall not be unreasonably unreasonable withheld.

Appears in 1 contract

Samples: Intercreditor Agreement

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Exercise of Other Rights. To the extent either Lender or Syndicator elects to exercise any rights they, respectively, may have with respect to changing the ownership structure of Borrower (including adding or removing general partners or managing members), replacing the contractor, changing the ownership structure of the developer (including adding or removing parties), replacing the developer, replacing the property management company, enforcing guarantees, or other similar actions, such actions shall be taken by a Lender only with the consent of the other Lender or by the Syndicator only with the consent of THDA, which consent shall not be unreasonably withheld. To the extent Senior Lender and/or Syndicator elect elects to exercise any rights it they, respectively, may have, with respect to adjustments to amount and/or timing of payment of developer fees in connection with the Development, such actions shall be taken only with the express written consent of THDA, which shall not be unreasonably withheld.

Appears in 1 contract

Samples: Housing Development Agency Intercreditor Agreement

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