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10 <br />amounts payable under the Senior Loan Documents have been paid in full, it will not, <br />without the prior written consent of Senior Lender in each instance, increase the amount <br />of the Subordinate Loan, increase the required payments due under the Subordinate Loan, <br />decrease the term of the Subordinate Loan, increase the interest rate on the Subordinate <br />Loan, or otherwise amend the Subordinate Loan terms in a manner that creates an <br />adverse effect upon Senior Lender under the Senior Loan Documents. Any unauthorized <br />amendment of the Subordinate Loan Documents without Senior Lender's consent shall <br />be void ab initio and of no effect whatsoever. <br />10. Modification of Senior Loan Documents; Refinancing of Senior <br />Indebtedness. <br />Subordinate Lender consents to any agreement or arrangement in which Senior Lender <br />waives, postpones, extends, reduces or modifies any provisions of the Senior Loan Documents, <br />including any provision requiring the payment of money, provided however, there shall be no <br />modification of the Senior Loan Documents without the consent of the Subordinate Lender if <br />such modification would increase the principal amount of the Senior Indebtedness beyond the <br />original principal amount of the Senior Indebtedness (excluding any amounts having been <br />advanced by Senior Lender for the protection of its security interest pursuant to the Senior Loan <br />Documents), increase the interest rate of the Senior Indebtedness, or decrease the original <br />maturity term of the Senior Indebtedness. <br />Subordinate Lender further agrees that its agreement to subordinate hereunder shall <br />extend to any new mortgage debt which is for the purpose of refinancing all or any part of the <br />Senior Indebtedness in accordance with Program Obligations (including reasonable and <br />necessary costs associated with the closing and/or the refinancing); and that all the terms and <br />covenants of this Agreement shall inure to the benefit of any holder of any such refinanced debt; <br />and that all references to the Senior Indebtedness, the Senior Note, the Senior Security <br />Instrument, the Senior Loan Documents and Senior Lender shall mean, respectively, the <br />indebtedness related to the refinance loan, the refinance note, the security instrument securing <br />the refinance note, all documents evidencing, securing or otherwise pertaining to the refinance <br />note and the holder of the refinance note, provided however, there shall be no refinancing of the <br />Senior Indebtedness without the consent of the Subordinate Lender if such refinancing would <br />increase the principal amount of the Senior Indebtedness beyond the original principal amount of <br />the Senior Indebtedness (excluding any amounts having been advanced by Senior Lender for the <br />protection of its security interest pursuant to the Senior Loan Documents), increase the interest <br />rate of the Senior Indebtedness, or decrease the original maturity term of the Senior <br />Indebtedness. <br />11. Default by Subordinate Lender or Senior Lender. <br />If Subordinate Lender or Senior Lender defaults in performing or observing any of the <br />terms, covenants or conditions to be performed or observed by it under this Agreement, the <br />other, non -defaulting Lender shall have the right to all available legal and equitable relief. <br />US.113590860.01 <br />