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The amended intercreditor agreement restricted the Mezz Lenders’ ability to foreclose on their equity pledges unless they could “locate a new developer within sixty days of a foreclosure, and [] recommence construction under a new construction manager within thirty days of foreclosure.” [24] The amended intercreditor agreement also required the Mortgage Lender’s approval of the identities of the developers and construction managers and provided a list of those likely acceptable to the Mortgage Lenders, but that list did not include the Sponsor or its individual owners