SHALL BE OBLIGATED TO REIMBURSE AGENT
FOR THE COST THEREFOR.
91
SECTION 7.21
FURTHER ASSURANCE.
TO EXECUTE AND DELIVER PROMPTLY
(AND TO CAUSE EACH OTHER BORROWER ENTITY TO EXECUTE AND DELIVER PROMPTLY) SUCH
ADDITIONAL AGREEMENTS AND INSTRUMENTS AND TO TAKE PROMPTLY SUCH ADDITIONAL
ACTIONS AS AGENT MAY AT ANY TIME AND FROM TIME TO TIME REASONABLY REQUEST IN
ORDER FOR AGENT AND LENDERS TO OBTAIN THE FULL BENEFITS AND RIGHTS GRANTED OR
INTENDED OR PURPORTED TO BE GRANTED BY THIS AGREEMENT AND THE OTHER PROJECT LOAN
DOCUMENTS TO WHICH IT (OR SUCH BORROWER ENTITY) IS A PARTY, PROVIDED THE SAME DO
NOT CHANGE ANY SUCH BORROWER ENTITY'S LIABILITIES, OR DECREASE SUCH BORROWER
ENTITY'S RIGHTS, UNDER THE PROJECT LOAN DOCUMENTS (OTHER THAN, IN EACH CASE, TO
A DE MINIMIS EXTENT).
IN FURTHERANCE OF THE FOREGOING, IF AT ANY TIME AGENT HAS
REASON TO BELIEVE THAT THE PROJECT LOAN IS NOT SECURED OR WILL OR MAY NOT BE
SECURED BY THE SECURITY DOCUMENTS AS A FIRST PRIORITY LIEN (SUBJECT ONLY TO THE
PERMITTED EXCEPTIONS) OR SECURITY INTEREST ON THE COLLATERAL INTENDED TO BE
GRANTED UNDER SUCH SECURITY DOCUMENTS, THEN BORROWER SHALL, WITHIN FIVE (5)
BUSINESS DAYS AFTER NOTICE FROM AGENT, DO AND SHALL CAUSE EACH OTHER BORROWER
ENTITY TO DO, ALL THINGS AND MATTERS REASONABLY NECESSARY (INCLUDING EXECUTION
AND DELIVERY TO AGENT OF ALL FURTHER DOCUMENTS AND PERFORMANCE OF ALL OTHER ACTS
WHICH AGENT DEEMS REASONABLY NECESSARY OR APPROPRIATE) TO ASSURE TO THE
SATISFACTION OF AGENT THAT THE PROJECT LOAN IS SECURED WITH FIRST PRIORITY LIENS
OR SECURITY INTERESTS (SUBJECT ONLY TO THE PERMITTED EXCEPTIONS) ON THE
COLLATERAL INTENDED TO BE GRANTED UNDER SUCH SECURITY DOCUMENTS.
SECTION 7.22
BUDGETS, ETC.
NOT TO CHANGE ANY LINE ITEM IN ANY
BUDGET, OR THE CONSTRUCTION SCHEDULE WITHOUT AGENT'S PRIOR REASONABLE CONSENT
EXCEPT TO THE EXTENT EXPRESSLY PERMITTED HEREUNDER.
NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED IN THIS AGREEMENT, NO REQUEST FOR AGENT'S APPROVAL FOR
ANY CHANGE IN ANY BUDGET OR IN THE CONSTRUCTION SCHEDULE SHALL BE MADE IF SUCH
CHANGE WOULD ALSO REQUIRE THE APPROVAL OF EITHER MEMBER OR ANY THIRD PARTY (OR
IF ANY SUCH MEMBER OR THIRD PARTY CLAIMS THAT SUCH CHANGE REQUIRES ITS
APPROVAL), UNLESS SUCH OTHER APPROVAL HAS PREVIOUSLY BEEN GRANTED OR A REQUEST
FOR SUCH OTHER APPROVAL IS MADE CONCURRENTLY WITH THE REQUEST TO AGENT.
SECTION 7.23
ZONING, EASEMENTS AND RESTRICTIONS; USE;
ALTERATIONS.
(A)
NOT TO (AND TO CAUSE EACH OTHER BORROWER ENTITY NOT TO),
WITHOUT AGENT'S PRIOR APPROVAL, (I) INITIATE OR SUPPORT ANY LIMITING CHANGE IN
THE PERMITTED USES OF THE MORTGAGED PROPERTY (OR TO THE EXTENT APPLICABLE, THE
ZONING RECLASSIFICATION OF THE MORTGAGED PROPERTY OR MODIFICATION TO THE DUO
DECLARATION) OR ANY PORTION THEREOF, OR SEEK ANY VARIANCE UNDER EXISTING LAND
USE RESTRICTIONS, LAWS, RULES OR REGULATIONS (OR, TO THE EXTENT APPLICABLE, THE
ZONING ORDINANCES) APPLICABLE TO THE MORTGAGED PROPERTY, (II) USE OR PERMIT THE
USE OF THE MORTGAGED PROPERTY IN A MANNER THAT WOULD CAUSE A DEFAULT UNDER THE
TERMS OF ANY PROJECT LOAN DOCUMENTS TO WHICH