Common use of Reciprocal Easement Agreement Clause in Contracts

Reciprocal Easement Agreement. (1) Borrower shall (i) promptly and faithfully observe, perform and comply with all the material terms, covenants and provisions of the Reciprocal Easement Agreement on its part to be observed, performed and complied with, at the times set forth therein, and to do all things reasonably necessary to preserve unimpaired its rights thereunder; (ii) not do, permit, suffer or refrain from doing anything that reasonably would be expected to cause a material default under any of the terms thereof beyond the giving of any required notice and the expiration of any applicable cure period; (iii) not cancel, surrender, modify, amend or in any way alter or permit the alteration of any of the material terms thereof and not to release any party thereto other than Borrower from any material obligation imposed upon it thereby; and (iv) give Agent prompt written notice of any material default by anyone thereunder and promptly deliver to Agent copies of each notice of default and copies of all other material notices, communications, plans, specifications and other similar instruments received or delivered by Borrower in connection with the Reciprocal Easement Agreement. Notwithstanding anything to the contrary contained in this Section 4.1.11, provided no Event of Default shall be continuing, Borrower shall have the right to make amendments to the Reciprocal Easement Agreement with the consent of Agent, such consent not to be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Loan Agreement (Black Creek Diversified Property Fund Inc.)

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Reciprocal Easement Agreement. (1) Each Borrower Party shall (i) promptly and faithfully observe, perform and comply with all the material terms, covenants and provisions of the Reciprocal Easement Agreement Agreements on its part to be observed, performed and complied with, at the times set forth therein, therein and to do all things reasonably necessary to preserve unimpaired its rights thereunder; , (ii) not do, permit, suffer or refrain from doing anything that reasonably would anything, a result of which could be expected to cause a material default under any of the terms thereof beyond the giving of any required notice and the expiration of any applicable cure period; period or a breach of any of the terms thereof (it being agreed that any default that would permit any party thereto other than any Borrower Party to terminate its operating covenant shall be deemed to be material), (iii) not cancel, surrender, modify, amend or in any way alter or permit the alteration of any of the material terms thereof (and not to release any party thereto other than any Borrower Party from any material obligation imposed upon it thereby; ) if any such action would result in a Material Adverse Effect on the applicable Individual Property, and (iv) give Administrative Agent prompt written notice of any material default by anyone thereunder and promptly deliver to Administrative Agent copies of each notice of material default and, after the occurrence and during the continuance of an Event of Default, copies of all other material notices, communications, plans, specifications and other similar instruments received or delivered by any Borrower Party in connection with the Reciprocal Easement Agreement. Notwithstanding anything to the contrary contained in this Section 4.1.11, provided no Event of Default shall be continuing, Borrower shall have the right to make amendments to the Reciprocal Easement Agreement with the consent of Agent, such consent not to be unreasonably withheld or delayedtherewith.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties, Inc.)

Reciprocal Easement Agreement. (1) Borrower shall (i) promptly and faithfully observe, perform and comply with all the material terms, covenants and provisions of the Reciprocal Easement Agreement Agreements on its part to be observed, performed and complied with, at the times set forth therein, therein and to do all things reasonably necessary to preserve unimpaired its rights thereunder; (ii) not do, permit, suffer or refrain from doing anything that reasonably would anything, as a result of which could be expected to cause a material default under any of the terms thereof beyond the giving of any required notice and the expiration of any applicable cure periodperiod or a breach of any of the terms thereof (it being agreed that any default that would permit any party thereto other than Borrower to terminate its operating covenant shall be deemed to be material); (iii) not cancel, surrender, modify, amend or in any way alter or permit the alteration of any of the material terms thereof (and not to release any party thereto other than Borrower from any material obligation imposed upon it thereby) if any such action would result in a Material Adverse Effect on the applicable Individual Property; and (iv) give Administrative Agent prompt written notice of any material default by anyone thereunder and promptly deliver to Administrative Agent copies of each notice of material default and, after the occurrence and during the continuance of an Event of Default, copies of all other material notices, communications, plans, specifications and other similar instruments received or delivered by Borrower in connection with the Reciprocal Easement Agreement. Notwithstanding anything to the contrary contained in this Section 4.1.11, provided no Event of Default shall be continuing, Borrower shall have the right to make amendments to the Reciprocal Easement Agreement with the consent of Agent, such consent not to be unreasonably withheld or delayedtherewith.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties Inc)

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Reciprocal Easement Agreement. (1) Each Borrower shall (i) promptly and faithfully observe, perform and comply with all the material terms, covenants and provisions of the Reciprocal Easement Agreement Agreements on its part to be observed, performed and complied with, at the times set forth therein, therein and to do all things reasonably necessary to preserve unimpaired its rights thereunder; , (ii) not do, permit, suffer or refrain from doing anything that reasonably would anything, a result of which could be expected to cause a material default under any of the terms thereof beyond the giving of any required notice and the expiration of any applicable cure period; period or a breach of any of the terms thereof (it being agreed that any default that would permit any party thereto other than any Borrower to terminate its operating covenant shall be deemed to be material), (iii) not cancel, surrender, modify, amend or in any way alter or permit the alteration of any of the material terms thereof (and not to release any party thereto other than any Borrower from any material obligation imposed upon it thereby; ) if any such action would result in a Material Adverse Effect on the applicable Individual Property, and (iv) give Administrative Agent prompt written notice of any material default by anyone thereunder and promptly deliver to Administrative Agent copies of each notice of material default and, after the occurrence and during the continuance of an Event of Default, copies of all other material notices, communications, plans, specifications and other similar instruments received or delivered by any Borrower in connection with the Reciprocal Easement Agreementtherewith. Notwithstanding anything to the contrary contained in this Section 4.1.11, provided no Event of Default shall be continuing, Borrower shall have the right to make amendments to the Reciprocal Easement Agreement with the consent of Agent, such consent not to be unreasonably withheld or delayed.103

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties, Inc.)

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