Covenant Default. (i) Any Credit Party or any Restricted Subsidiary fails to perform or observe any term, covenant or agreement contained in any of Section 5.1 (and such failure continues for a period of 5 Business Days following written notice by the Administrative Agent to the Borrowers), [Section 5.3(i)], [Section 5.4(a)], Section 5.5 (with respect to maintaining the existence of any Credit Party) Section 5.10, Section 5.19 or Article VI (subject to the Borrowers’ right to use the Equity Cure pursuant to [Section 7.3] or the Prepayment Cure pursuant to [Section 7.4]); or # Any Credit Party or any Restricted Subsidiary shall fail to perform or observe any other term or covenant contained herein or in any of the Credit Documents (other than those specified in [Sections 7.1(a) and (b)])] and [Section 7.1(c)(i)]), on its part to be performed or observed and such failure shall not be remedied within thirty (30) days following the earlier of # written notice by the Administrative Agent to the Borrowers or # actual knowledge of such failure by a Responsible Officer of any Borrower; or

Covenant Default. The Borrower shall default in the performance of any of the covenants or agreements contained in this Agreement.

Covenant Default. If any Loan Party # fails to perform any obligation under Section 6.1(i) or 6.6, # fails to perform any obligation under Article 4, [Section 6.7] or [Section 6.8] and such failure continues for a period of five (5) Business Days, # violates any of the covenants contained in Article 7 of this Agreement, or # fails or neglects to perform, keep, or observe any other material term, provision, condition, covenant, or agreement contained in this Agreement, in any of the Loan Documents, and as to any default under such other term, provision, condition, covenant or agreement in this clause (iv) that can be cured, has failed to cure such default within ten (10) Business Days after Borrower receives notice thereof from Bank or any officer of any Loan Party has knowledge thereof;

Borrower or any of its Subsidiaries fails or neglects to perform any obligation in Sections

Any Credit Party shall fail to perform, comply with or observe any term, covenant or agreement applicable to it contained in [Sections 5.4, 5.7, 5.9, 5.15]5]5]5] or Article VI hereof (other than [Section 6.14]); or

Covenant Default Cure. To the extent a Default or Event of Default shall have occurred and be continuing as a result of the inclusion of any particular Real Estate Assets as a Collateral Pool Property or Collateral Pool Properties, the Borrower shall have the right (at Borrower’s option) to release such Collateral Pool Property or Collateral Pool Properties or otherwise exclude it from the relevant calculations and repay the outstanding Loans within thirty (30) days of the occurrence of such Default or Event of Default in the amount necessary to prepay any Borrowings associated with the Real Estate Asset to be released, provided that, in the Administrative Agent’s discretion, if the Borrower has provided evidence reasonably satisfactory to the Administrative Agent that it is either diligently in process of remedying the condition giving rise to the Default or Event of Default, or otherwise raising capital to repay the Loans in the amount necessary to be in compliance with Collateral Pool Availability giving effect to the removal of such Collateral Pool Property, the Administrative Agent may permit the Borrower an additional thirty (30) day period to comply; and provided, further, that in connection therewith the Borrower shall deliver a pro forma Compliance Certificate (giving Pro Forma Effect the relevant Collateral Pool Property) to the Administrative Agent and the Lenders and comply with the other terms and provisions set forth in [Section 4.4]. Unless otherwise required by the Administrative Agent, the Borrower may elect to retain the Collateral Pool Property as collateral for the Loans and not formally seek the release of such Collateral Pool Property under [Section 4.4] so long as all Financial Covenants and Collateral Pool Availability calculations are made excluding such Collateral Pool Property.

Immediate Covenant Default. The failure of any Seller Party or Guarantor to perform, comply with or observe any term, covenant or agreement applicable to such Seller Party or Guarantor contained in any of [Sections 13(a)] (Preservation of Existence; Compliance with Law), # (Illegal Activities), # (Limitations on Dividends and Distributions), (r)

Additional Covenant Default. The failure of any Seller Party or Guarantor to perform, comply with or observe any term, covenant or agreement applicable to such Seller Party or Guarantor contained in any of # [Section 13(j)] (Financial Condition Covenants), 13(dd) (Rental Property Obligations), 13(ee) (Leasing Matters) or (ff) (Property Management), and if such default under this subclause (d)(i) shall be capable of being remedied, such default shall continue unremedied for a period of one (1) Business Day or # [Sections 13(l)] (No Adverse Selection), # (Material Change in Business), # (Transactions with Affiliates), # (ERISA Matters), or # (Most Favored Status), and if such default under this subclause (d)(ii) shall be capable of being remedied, such default shall continue unremedied for a period of three (3) Business Days; or

Covenant. Each Holder (on a several and not joint basis) agrees to indemnify and hold harmless the Trustee and the Collateral Agent from and against any and all damages, losses, costs and expenses (including, without limitation, legal fees and expenses) arising or resulting from reliance upon the representations and warranties by such Holder set forth in this Section 5.

Covenant. The Parties hereby covenant and agree to use commercially reasonable efforts to reach a mutually satisfactory agreement on an amendment to Exhibit A to the License Agreement as soon as practicable after the Amendment Effective Date and before ​.