JOINDER AND CONSENT. Premier Golf Management, Inc. does hereby join in the execution of this Second Amended and Restated Lease Agreement for the sole purpose of acknowledging, agreeing and consenting to the provisions of Section 12.1(m) of this Second Amended and Restated Lease Agreement and the performance of its respective obligations thereunder. PREMIER GOLF MANAGEMENT, INC., a Delaware corporation By: /s/ Xxxx Xxxxx Xxxxxxx Name: Xxxx Xxxxx Xxxxxxx Title: Vice President EXHIBIT A INITIAL LANDLORD P&E [Intentionally Omitted] EXHIBIT B MINIMUM RENT Minimum Rent shall be payable with respect to each Lease Year (or portion thereof, as applicable) during the Term under the Leases and shall be, in the aggregate, an annual amount equal to (i) $10,813,635.00 (payable in nine (9) equal monthly installments commencing with the April 2012 Accounting Period and ending with the December 2012 Accounting Period in accordance with Section 3.2 hereof), with an amount equal to $599,688.00 of such $10,813,635.00 being attributable to the amount of Minimum Rent due and payable under this Lease, and (ii) $14,418,177.00 (payable in twelve (12) equal monthly installments in accordance with Section 3.2 hereof) for Lease Years 2013 and 2014, with an amount equal to $799,588.00 of such $14,418,177.00 being attributable to the amount of Minimum Rent due and payable under this Lease. Commencing Lease Year 2015, Minimum Rent shall increase annually by an amount equal to the greater of (a) the product obtained by multiplying the Minimum Rent then in effect times two percent (2%), and (b) the product obtained by multiplying the Minimum Rent then in effect times the then annual percentage increase in CPI; provided, however, that no portion of Minimum Rent due and payable under the Leases shall be attributable to the Mission Hills Leased Property (as such term is defined on Schedule 1 attached hereto). EXHIBIT C PERMITTED ENCUMBRANCES [Intentionally Omitted] EXHIBIT D INITIAL TENANT PERSONAL PROPERTY [Intentionally Omitted] EXHIBIT E THE LAND [Intentionally Omitted] EXHIBIT F TENANT ESTOPPEL CERTIFICATE [Intentionally Omitted] EXHIBIT G MEMORANDUM OF AMENDED AND RESTATED LEASE [Intentionally Omitted] EXHIBIT H MEMBERSHIP DOCUMENTS [Intentionally Omitted] SCHEDULE 1 AFFILIATED LEASES [Intentionally Omitted] SCHEDULE 5.3-1 IMPROVEMENT PROJECT [Intentionally Omitted] SCHEDULE 5.3-2 IMPROVEMENT PROJECT PROCEDURES [Intentionally Omitted] SCHEDULE 16.2 TENANT ORGANIZATIONAL CHART [Intentionally Omitted] SCHEDUL...
JOINDER AND CONSENT. Each of PARC 7F-Operations Corporation and PARC Investors, LLC does hereby join in the execution of this Lease for the sole purpose of acknowledging, agreeing and consenting to the provisions of Section 20.7 of this Lease and the performance of its respective obligations thereunder. PARC 7F-OPERATIONS CORPORATION, a Florida corporation By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President PARC INVESTORS, LLC, a Delaware limited liability company By: /s/ Xxxxxx X. Xxxx Name: Xxxxxx X. Xxxx Title: President 84 EXHIBIT A THE LAND EXHIBIT B
JOINDER AND CONSENT. 88 Schedules Schedule 9.8 - Taxes Schedule 9.9 - Subsidiaries Schedule 9.10 - Litigation Schedule 9.23 - Names and Addresses Schedule 10.18 - Project Contracts Schedule 14.7 - Permitted Liens Schedule 21 - Form of Partial Release ix TABLE OF EXHIBITS EXHIBIT A-1 LEGAL DESCRIPTION OF PHASE 2 LAND EXHIBIT A-2 LEGAL DESCRIPTION OF EXISTING UNITS EXHIBIT B INTENTIONALLY OMITTED EXHIBIT C FORM OF REQUEST FOR CONSTRUCTION COMPONENT ADVANCE EXHIBIT D APPROVED SITE PLAN EXHIBIT E PHASE 2 COST CERTIFICATE EXHIBIT F FORM OF OFFICER'S CERTIFICATE CONSTRUCTION LOAN AND SECURITY AGREEMENT THIS CONSTRUCTION LOAN AND SECURITY AGREEMENT is made effective as of March ____, 2007 by and among TEXTRON FINANCIAL CORPORATION, a Delaware corporation ("Lender"), BLUEGREEN VACATIONS UNLIMITED, INC., a Florida corporation ("Borrower"), and BLUEGREEN CORPORATION, a Massachusetts corporation ("Guarantor").
JOINDER AND CONSENT. Lender will join in and consent to Declarations, easements and other documents reasonably required in connection with development of the Project provided such documents are reasonably acceptable to Lender.
JOINDER AND CONSENT. Agent, Lenders, Borrower and each Staffing Subsidiary hereby agree that from and following the date hereof each Staffing Subsidiary shall at all times be a Credit Party for purposes of the Credit Agreement and all other Loan Documents. Subject to the satisfaction of the conditions precedent set forth in Section 4 of this Amendment, and in reliance on the representations and warranties set forth in Section 6 of this Amendment, Agent and Lenders hereby consent to the Staffing Subsidiary Formation, the Blocked Account Establishment and the Reorganization. Except to the extent expressly set forth herein, the foregoing consents shall not constitute (a) a modification or alteration of the terms, conditions or covenants of the Credit Agreement or any document entered into in connection therewith, (including, without limitation, the terms and provisions of Sections 6.2 and 6.3 of the Credit Agreement), or (b) a waiver, release or limitation upon the exercise by Agent or Lender of any of its rights, legal or equitable, hereunder or under the Credit Agreement or any other Loan Document. Except as set forth above, each of the Agent and Lender reserves any and all rights and remedies which it has had, has or may have under the Credit Agreement and each other Loan Document.
JOINDER AND CONSENT. The undersigned, BHX, LLC, a Massachusetts limited liability company, as the sole Trustee of 784 Realty Trust, a Massachusetts nominee trust, referred to as “Landlord” in the foregoing Subordination, Non-Disturbance and Attornment Agreement, does hereby join in and consent to the terms of the foregoing Subordination, Non-Disturbance and Attornment Agreement for the purpose of evidencing and confirming the Landlord’s agreements, covenants and acknowledgments contained in the foregoing Subordination, Non-Disturbance and Attornment Agreement.
JOINDER AND CONSENT. Lender will join in and consent to Applicable Declaration, easements and other documents reasonably required in connection with development of the Applicable Resort provided such documents are reasonably acceptable to Lender.
JOINDER AND CONSENT. IN CONSIDERATION OF TEN AND NO/100 ($10.00) DOLLARS, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned hereby executes and delivers this Joinder and Consent to this Agreement for the purposes of acknowledging and consenting to the provisions of this Agreement relating to or affecting High View Homes, including, without limitation, Section 3.3(c), Section 3.4(b), Section 4, Section 7.8, Section 9.2.2(q), Section 14.4, Section 15.2, and Section 19, all as of the day and year first above written. HIGH VIEW HOMES LLC By: Its
JOINDER AND CONSENT. The undersigned individual, as the shareholder, and member of Seller, hereby agrees to be bound by the provisions of Article 10 hereof, entitled “Noncompetition,” and hereby represent and warrant that the second and third sentences of Section 4.1 are true and correct as of the date hereof and will be true and correct on the Closing Date. /s/ Pxxxxxx X. Xxxxxx PXXXXXX X. XXXXXX
JOINDER AND CONSENT. Tandem Health Care, Inc. hereby agrees to be bound by the provisions of Section 2.5 to this Agreement as it relates to it providing a guaranty, and further agrees that the statements in Section 5.1 as it relates to the Guarantor are true and correct as of the date hereof, and will be true and correct on the Closing Date. /s/ Lxxxxxxx X. Xxxxxxx Name: Lxxxxxxx X. Xxxxxxx Title: Chairman and CEO
