Swap Contracts. The Borrower has not entered into any Swap Contract relating to Debt (a) wherein any termination payment thereunder is senior to or on a parity with the payment of the Loan or the other Loan Obligations or (b) which requires the Borrower to post cash collateral that is a part of the Collateral to secure its obligations thereunder.
Appears in 6 contracts
Sources: Intra Agency Agreement, Loan Agreement, Intra Agency Agreement
Swap Contracts. The Without the prior written consent of the Lender, the Borrower has will not entered enter into any Swap Contract relating to Debt (a) wherein any termination payment payments thereunder is are senior to or on a parity with the payment of the Loan or the other Loan Obligations with respect to the Collateral or (b) which requires the Borrower to post cash collateral that is a part of the Collateral to secure its obligations thereunder.
Appears in 6 contracts
Sources: Intra Agency Agreement, Loan Agreement, Intra Agency Agreement
Swap Contracts. The Without the prior written consent of the Lender, the Borrower has will not entered enter into any Swap Contract relating to Debt (a) wherein any termination payment thereunder is senior Obligations incurred pursuant to or on a parity with the payment of the Loan or the other Loan Obligations or (b) which requires the Borrower to post cash collateral that is a part of the Collateral to secure its obligations thereunderthis Agreement.
Appears in 2 contracts
Sources: Consent, Assignment and Sale Agreement
Swap Contracts. The Without the prior written consent of the Lender, the Borrower has will not entered enter into any Swap Contract relating to Debt (a) wherein any termination payment payments thereunder is are senior to or on a parity with the payment of the Loan or the other Loan Obligations with respect to the Trust Estate or (b) which requires the Borrower to post cash collateral that is a part of the Collateral Trust Estate to secure its obligations thereunder.
Appears in 1 contract
Sources: Loan Agreement
Swap Contracts. The Except as provided in the Senior Loan Agreement and in accordance with the terms thereof, Borrower has shall not entered incur any Swap Obligations or enter into any Swap Contract relating without the prior written consent of Lender (such consent to Debt (a) wherein any termination payment thereunder is senior to be not unreasonably withheld, provided that such consent may be conditioned on intercreditor, security or on a parity with the payment of the Loan or the other Loan Obligations or (b) which requires the Borrower to post cash collateral that is a part of the Collateral to secure its obligations thereunderlien issues).
Appears in 1 contract
Sources: Junior Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)