Common use of Change of Use Clause in Contracts

Change of Use. Alter or change the use of the Facility except as contemplated in connection with the Loan or permit any management agreement for the Facility other than the Management Agreement or enter into any operating lease for the Facility (excluding residency agreements), unless Borrower first notifies Lender and provides Lender a copy of the proposed lease agreement or management agreement, obtains Lender’s written consent thereto, which consent may be withheld in Lender’s sole discretion, and obtains and provides Lender with a subordination agreement in form satisfactory to Lender, as determined by Lender in its sole discretion, from such manager or lessee subordinating to all rights of Lender.

Appears in 2 contracts

Sources: Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

Change of Use. Alter or change the use of the Facility except as contemplated in connection with the Loan or permit to exist any management agreement for the Facility other than the Management Agreement or enter into any operating lease for the Facility (excluding residency agreementsother than the Lease Agreement, Operations Seller Lease Agreement, Operations Seller Management Agreement and Management Agreement), unless Borrower Borrowers first notifies notify Lender and provides provide Lender a copy of the proposed lease agreement or management agreement, obtains Lender’s written consent thereto, which consent may be withheld in Lender’s sole discretion, and obtains and provides Lender with a subordination agreement in form satisfactory to Lender, as determined by Lender in its sole discretion, from such manager or lessee subordinating to all rights of Lender.

Appears in 2 contracts

Sources: Loan Agreement (Adcare Health Systems Inc), Loan Agreement (Adcare Health Systems Inc)

Change of Use. Alter Except as contemplated by the Renovation Improvements, alter or change the use of the Facility except as contemplated in connection with the Loan Facilities or permit enter into any management agreement for the Facility Facilities other than the Management Agreement Agreements or enter into any operating lease for the Facility (excluding residency agreements)Facilities, unless Borrower first notifies Lender and provides Lender a copy of the proposed lease agreement or management agreement, obtains Lender’s written consent thereto, which consent may be withheld in Lender’s sole discretion, and obtains and provides Lender with a subordination agreement in form satisfactory to Lender, as determined by Lender in its sole discretion, from such manager or lessee subordinating to all rights of Lender.

Appears in 1 contract

Sources: Loan Agreement (Emeritus Corp\wa\)