Common use of Acceleration, Etc Clause in Contracts

Acceleration, Etc. Upon the occurrence of any Event of Default described in the foregoing Section 10.1(e) or 10.1(f), the Loan shall automatically and immediately terminate and the unpaid principal amount of and any and all accrued interest on the Loan shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender to make any further disbursement of the Loan shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender may, by written notice to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting Lender’s authority hereunder, on or after the Maturity Date, Lender may exercise any or all rights and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property or any additional collateral.

Acceleration, Etc. Upon the occurrence of If any Event of Default described in the foregoing Section 10.1(e) 7.05 or 10.1(f)7.06 occurs, the Loan obligations of the Lenders to make Loans and the obligations of the Issuing Lenders to issue Letters of Credit hereunder shall automatically and immediately terminate and the unpaid principal amount Obligations of the Borrower shall immediately become due and payable, and the obligation of the Borrower to Cash Collateralize the L/C Obligations as required in clause (ii) below shall automatically become effective, in each case without any and all accrued interest election or action on the Loan part of the Administrative Agent or any Lender or Issuing Lender. If any other Default occurs, the Required Lenders (or the Administrative Agent with the consent of the Required Lenders) may (i) terminate or suspend (in whole or in part) the obligations of the Lenders to make Loans and the Issuing Lenders to issue Letters of Credit hereunder and declare the Obligations of the Borrower to be due and payable (in whole or in part), whereupon such Obligations shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender to make any further disbursement of the Loan shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender may, by written notice to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements notice of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration)kind, all of which are the Borrower hereby expressly waived waives and (ii) require that the Borrower Cash Collateralize the L/C Obligations in an amount equal to 100% of the outstanding L/C Obligations. Promptly upon any acceleration of the Obligations, the Administrative Agent will provide the Borrower with notice of such acceleration. If, within thirty (30) days after acceleration of the maturity of the Obligations of the Borrower or termination of the obligations of the Lenders to make Loans and the obligations of the Issuing Lenders to issue Letters of Credit hereunder as a result of any Default (other than any Default as described in Section 7.05 or 7.06) and before any judgment or decree for the payment of the Obligations due shall have been obtained or entered, the Required Lenders (in their sole discretion) shall so direct, the Administrative Agent shall, by notice to the Borrower. Without limiting Lender’s authority hereunder, on or after the Maturity Date, Lender may exercise any or all rights rescind and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property or any additional collateralannul such acceleration and/or termination.

Acceleration, Etc. Upon the occurrence of If any Event of Default described in the foregoing Section 10.1(e) ‎Section 7.05 or 10.1(f)‎7.06 occurs, the Loan obligations of the Lenders to make Loans and the obligations of the Issuing Lenders to issue Letters of Credit hereunder shall automatically and immediately terminate and the unpaid principal amount Obligations of the Borrower shall immediately become due and payable, and the obligation of the Borrower to Cash Collateralize the L/C Obligations as required in clause (ii) below shall automatically become effective, in each case without any and all accrued interest election or action on the Loan part of the Administrative Agent or any Lender or Issuing Lender. If any other Default occurs, the Required Lenders (or the Administrative Agent with the consent of the Required Lenders) may (i) terminate or suspend (in whole or in part) the obligations of the Lenders to make Loans and the Issuing Lenders to issue Letters of Credit hereunder and declare the Obligations of the Borrower to be due and payable (in whole or in part), whereupon such Obligations shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender to make any further disbursement of the Loan shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender may, by written notice to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements notice of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration)kind, all of which are the Borrower hereby expressly waived waives and (ii) require that the Borrower Cash Collateralize the L/C Obligations in an amount equal to 100% of the outstanding L/C Obligations. Promptly upon any acceleration of the Obligations, the Administrative Agent will provide the Borrower with notice of such acceleration. If, within thirty (30) days after acceleration of the maturity of the Obligations of the Borrower or termination of the obligations of the Lenders to make Loans and the obligations of the Issuing Lenders to issue Letters of Credit hereunder as a result of any Default (other than any Default as described in ‎Section 7.05 or ‎7.06) and before any judgment or decree for the payment of the Obligations due shall have been obtained or entered, the Required Lenders (in their sole discretion) shall so direct, the Administrative Agent shall, by notice to the Borrower. Without limiting Lender’s authority hereunder, on or after the Maturity Date, Lender may exercise any or all rights rescind and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property or any additional collateralannul such acceleration and/or termination.

Acceleration, Etc. Upon the occurrence of any Event of Default described in the foregoing Section 10.1(e) SECTION 10.1.7 or 10.1(f)10.1.8 with respect to the REIT or Borrower, the Loan Commitments shall automatically and immediately terminate and the unpaid principal amount of and any and all accrued interest on the Loan Loans shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender Lenders to make any further disbursement of the Loan Loans hereunder shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender Agent shall, at the request, or may, with the consent of Requisite Lenders, by written notice to Borrower, (i) declare that the Loan is Commitments are terminated, whereupon the Loan Commitments and the obligation of Lender Lenders to make any further disbursement of the Loan hereunder shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan Loans and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting Lender’s Agent's authority hereunder, on or after the Maturity Termination Date, Lender may Agent shall, at the request, or may, with the consent, of Requisite Lenders exercise any or all rights and remedies under the Loan Documents or applicable law. Upon the occurrence of and during the continuance of an Event of Default, includingAgent shall be entitled to request and receive, without limitationby or through Borrower or appropriate legal process, foreclosure upon any and all information concerning the Property REIT, Borrower or any additional collateralproperty of any of them, which is reasonably available to or obtainable by Borrower.

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default described in the foregoing Section 10.1(e) or 10.1(f)shall then be continuing, the Loan Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent, or any Lender to enforce its claims against the Borrower or any other Credit Party in any manner permitted under applicable law: (a) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall automatically and forthwith terminate immediately terminate and without any other notice of any kind; (b) declare the unpaid principal amount of and any accrued interest in respect of all Loans, all Unpaid Drawings and all accrued interest on other Obligations owing hereunder and thereunder to be, whereupon the Loan same shall automatically become immediately become, forthwith due and payable, with all additional interest from time to time accrued thereon and payable without presentment, demand or demand, protest or other requirements notice of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration)kind, all of which are hereby expressly waived by the Borrower, ; (c) terminate any Letter of Credit that may be terminated in accordance with its terms; (d) direct the Borrower to pay (and the obligations Borrower hereby agrees that on receipt of Lender to make any further disbursement of the Loan shall thereupon terminate; and such notice or upon the occurrence of an Event of Default with respect to the Borrower under Section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security for the Borrower’s (and during the continuance of any Subsidiary that is an account party) reimbursement obligations in respect thereof); and/or (e) exercise any other Event of Default, Lender may, by written notice to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make right or remedy available under any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting Lender’s authority hereunder, on or after the Maturity Date, Lender may exercise any or all rights and remedies under the Loan Credit Documents or applicable law; provided that, includingif an Event of Default specified in Section 10.1(h) shall occur with respect to the Borrower, without limitation, foreclosure the result that would occur upon the Property or giving of written notice by the Administrative Agent as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any additional collateralsuch notice.

Acceleration, Etc. Upon the occurrence of If any Event of Default described in Section 7.05 or 7.06 occurs, the foregoing Section 10.1(e) or 10.1(fobligations of the Lenders to make Revolving Loans and any obligation of the L/C Issuers to make L/C Credit Extensions hereunder shall automatically terminate, the Obligations of each Borrower shall immediately become due and payable and each Borrower shall automatically be obligated to Cash Collateralize its L/C Obligations (in an amount equal to the then outstanding amount thereof), in each case without any election or action on the Loan shall automatically and immediately part of the Administrative Agent or any Lender. If any other Default occurs, the Required Lenders (or the Administrative Agent with the consent of the Required Lenders) may terminate or suspend (in whole or in part) the obligations of the Lenders to make Revolving Loans and the unpaid principal obligation of the L/C Issuers to make L/C Credit Extensions hereunder, declare the Obligations of each Borrower to be due and payable (in whole or in part), or require each Borrower to Cash Collateralize its L/C Obligations (in an amount of and any and all accrued interest on equal to the Loan then outstanding amount thereof), whereupon such Obligations shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender to make any further disbursement of the Loan shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender may, by written notice to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements notice of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration)kind, all of which are the Borrowers hereby expressly waived waive. Promptly upon any acceleration of the Obligations, the Administrative Agent will provide each Borrower with notice of such acceleration. If, within thirty (30) days after acceleration of the maturity of the Obligations of each Borrower or termination of the obligations of the Lenders to make Revolving Loans and the obligations of the L/C Issuers to make L/C Credit Extensions hereunder as a result of any Default (other than any Default as described in Section 7.05 or 7.06) and before any judgment or decree for the payment of the Obligations due shall have been obtained or entered, the Required Lenders (in their sole discretion) shall so direct, the Administrative Agent shall, by notice to each Borrower. Without limiting Lender’s authority hereunder, on or after the Maturity Date, Lender may exercise any or all rights rescind and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property or any additional collateralannul such acceleration and/or termination.

Acceleration, Etc. Upon the occurrence of any Event of Default described in the foregoing Section 10.1(e) 10.1.7 or 10.1(f)10.1.8 with respect to the REIT or Borrower, the Loan Commitments shall automatically and immediately terminate and the unpaid principal amount of and any and all accrued interest on the Loan Loans shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender Lenders to make any further disbursement of the Loan Loans hereunder shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender Agent shall, at the request, or may, with the consent of Requisite Lenders, by written notice to Borrower, (i) declare that the Loan is Commitments are terminated, whereupon the Loan Commitments and the obligation of Lender Lenders to make any further disbursement of the Loan hereunder shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan Loans and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting LenderAgent’s authority hereunder, on or after the Maturity Termination Date, Lender may Agent shall, at the request, or may, with the consent, of Requisite Lenders exercise any or all rights and remedies under the Loan Documents or applicable law. Upon the occurrence of and during the continuance of an Event of Default, includingAgent shall be entitled to request and receive, without limitationby or through Borrower or appropriate legal process, foreclosure upon any and all information concerning the Property REIT, Borrower or any additional collateralproperty of any of them, which is reasonably available to or obtainable by Borrower.

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default described in the foregoing Section 10.1(e) or 10.1(f)shall then be continuing, the Loan Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent, or any Lender to enforce its claims against the Borrower or any other Credit Party in any manner permitted under applicable law: (a) declare the Commitments terminated, whereupon the Commitment of each Lender shall automatically and forthwith terminate immediately terminate and without any other notice of any kind; (b) declare the unpaid principal amount of and any accrued interest in respect of all Loans, all Unpaid Drawings and all accrued interest on other Obligations (other than any Obligations under any Designated Hedge Agreement) owing hereunder and thereunder to be, whereupon the Loan same shall automatically become immediately become, forthwith due and payable, with all additional interest from time to time accrued thereon and payable without presentment, demand or demand, protest or other requirements notice of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration)kind, all of which are hereby expressly waived by the Borrower, ; (c) terminate any Letter of Credit that may be terminated in accordance with its terms; (d) direct the Borrower to pay (and the obligations Borrower hereby agrees that on receipt of Lender to make any further disbursement of the Loan shall thereupon terminate; and such notice or upon the occurrence of an Event of Default with respect to the Borrower under Section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security for the Borrower’s (and during the continuance of any Subsidiary that is an account party) reimbursement obligations in respect thereof; and/or (e) exercise any other Event of Default, Lender may, by written notice to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make right or remedy available under any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting Lender’s authority hereunder, on or after the Maturity Date, Lender may exercise any or all rights and remedies under the Loan Credit Documents or applicable law; provided that, includingif an Event of Default specified in Section 10.1(h) shall occur, without limitation, foreclosure the result that would occur upon the Property or giving of written notice by the Administrative Agent as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any additional collateralsuch notice.

Acceleration, Etc. Upon the occurrence of If any Event of Default described in Section 7.05 or 7.06 occurs, the foregoing Section 10.1(e) or 10.1(fobligations of the Lenders to make Revolving Loans and any obligation of the L/C Issuers to make L/C Credit Extensions hereunder shall automatically terminate, the Obligations shall immediately become due and payable and the Borrower shall automatically be obligated to Cash Collateralize the L/C Obligations (in an amount equal to the then outstanding amount thereof), in each case without any election or action on the Loan shall automatically and immediately part of the Administrative Agent or any Lender. If any other Default occurs, the Required Lenders (or the Administrative Agent with the consent of the Required Lenders) may terminate or suspend (in whole or in part) the obligations of the Lenders to make Revolving Loans and the unpaid principal obligation of the L/C Issuers to make L/C Credit Extensions hereunder, declare the Obligations to be due and payable (in whole or in part), or require the Borrower to Cash Collateralize the L/C Obligations (in an amount of and any and all accrued interest on equal to the Loan then outstanding amount thereof), whereupon the Obligations shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender to make any further disbursement of the Loan shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender may, by written notice to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements notice of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration)kind, all of which are the Borrower hereby expressly waived waives. Promptly upon any acceleration of the Obligations, the Administrative Agent will provide the Borrower with notice of such acceleration. If, within thirty (30) days after acceleration of the maturity of the Obligations or termination of the obligations of the Lenders to make Revolving Loans and the obligations of the L/C Issuers to make L/C Credit Extensions hereunder as a result of any Default (other than any Default as described in Section 7.05 or 7.06) and before any judgment or decree for the payment of the Obligations due shall have been obtained or entered, the Required Lenders (in their sole discretion) shall so direct, the Administrative Agent shall, by notice to the Borrower. Without limiting Lender’s authority hereunder, on or after the Maturity Date, Lender may exercise any or all rights rescind and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property or any additional collateralannul such acceleration and/or termination.

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default described shall then be continuing, the Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Borrower, except as otherwise specifically provided for in the foregoing Section 10.1(ethis Agreement (PROVIDED that, if an Event of Default specified in section 9.1(h) or 10.1(f)(i) shall occur with respect to the Borrower, the Loan result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately and immediately terminate any Commitment Commission shall forthwith become due and payable without any other notice of any kind; (ii) declare the unpaid principal amount of and any accrued interest in respect of all Loans, all Unpaid Drawings and all accrued interest on obligations owing hereunder and thereunder to be, whereupon the Loan same shall automatically become immediately become, forthwith due and payable, with all additional interest from time to time accrued thereon and payable without presentment, demand or demand, protest or other requirements notice of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration)kind, all of which are hereby expressly waived by the Borrower; (iii) enforce, as Administrative Agent (or direct the Administrative Agent to enforce), any or all of the Liens and security interests created pursuant to the Security Documents; (iv) terminate any Letter of Credit which may be terminated in accordance with its terms; and (v) direct the Borrower to pay (and the obligations Borrower hereby agrees that on receipt of Lender to make any further disbursement of the Loan shall thereupon terminate; and such notice or upon the occurrence and during the continuance of any other an Event of Default, Lender may, by written notice Default with respect to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of accelerationBorrower under section 9.1(e), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of which are hereby expressly waived by Borrower. Without limiting Lender’s authority hereunder, on or Credit then outstanding (such amount to be held as security after the Maturity Date, Lender may exercise any or all rights and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property or any additional collateralBorrower's reimbursement obligations in respect thereof).

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default described in the foregoing Section 10.1(e) or 10.1(f)shall then be continuing, the Loan Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Borrower, take any or all of the following actions, without prejudice to the rights of the Administrative Agent or any Lender to enforce its claims against the Borrower, except as otherwise specifically provided for in this Agreement (PROVIDED that, if an Event of Default specified in section 10.1(h) shall occur with respect to the Borrower, the result which would occur upon the giving of written notice by the Administrative Agent as specified in clauses (i) and (ii) below shall occur automatically and without the giving of any such notice): (i) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall forthwith terminate immediately terminate and without any other notice of any kind; (ii) declare the unpaid principal amount of and any accrued interest in respect of all Loans, all Unpaid Drawings and all accrued interest on obligations owing hereunder and thereunder to be, whereupon the Loan same shall automatically become immediately become, forthwith due and payable, with all additional interest from time to time accrued thereon and payable without presentment, demand or demand, protest or other requirements notice of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration)kind, all of which are hereby expressly waived by the Borrower, ; (iii) terminate any Letter of Credit which may be terminated in accordance with its terms; and (iv) direct the Borrower to pay (and the obligations Borrower hereby agrees that on receipt of Lender to make any further disbursement of the Loan shall thereupon terminate; and such notice or upon the occurrence and during the continuance of any other an Event of Default, Lender may, by written notice Default with respect to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of accelerationBorrower under section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of which are hereby expressly waived by Borrower. Without limiting Lender’s authority hereunder, on or Credit then outstanding (such amount to be held as security after the Maturity Date, Lender may exercise any or all rights and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property or any additional collateralBorrower's reimbursement obligations in respect thereof).

Acceleration, Etc. Upon the occurrence of any Event of Default described in the foregoing Section 10.1(e) 10.1.7 or 10.1(f)10.1.8 with respect to the REIT, Borrower or any UPP Subpartnership, the Loan Commitments shall automatically and immediately terminate and the unpaid principal amount of and any and all accrued interest on the Loan Loans shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender Lenders and (with respect to Bid Loans) Designated Bid Lenders to make any further disbursement of the Loan Loans hereunder shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender Agent shall, at the request, or may, with the consent of the Requisite Lenders, by written notice to Borrower, (i) declare that the Loan is Commitments are terminated, whereupon the Loan Commitments and the obligation of Lender Lenders and (with respect to Bid Loans) Designated Bid Lenders to make any further disbursement of the Loan hereunder shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan Loans and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting Lender’s authority hereunder, on or after the Maturity Date, Lender may exercise any or all rights and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property or any additional collateral.and

Acceleration, Etc. Upon the occurrence of any Event of Default, and at any time thereafter, if any Event of Default described in the foregoing Section 10.1(e) or 10.1(f)shall then be continuing, the Loan Administrative Agent shall, upon the written request of the Required Lenders, by written notice to the Company, take any or all of the following actions, without prejudice to the rights of the Administrative Agent, the Collateral Agent or any Lender to enforce its claims against the Borrowers or any other Credit Party in any manner permitted under applicable law: (a) declare the Total Commitment terminated, whereupon the Commitment of each Lender shall automatically and forthwith terminate immediately terminate and without any other notice of any kind; (b) declare the unpaid principal amount of and any accrued interest in respect of all Loans, all Unpaid Drawings and all accrued interest on other Obligations owing hereunder and thereunder to be, whereupon the Loan same shall automatically become immediately become, forthwith due and payable, with all additional interest from time to time accrued thereon and payable without presentment, demand or demand, protest or other requirements notice of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration)kind, all of which are hereby expressly waived by Borrower, the Borrowers; (c) terminate any Letter of Credit which may be terminated in accordance with its terms; (d) direct the applicable Borrower to pay (and the obligations such Borrower hereby agrees that on receipt of Lender to make any further disbursement of the Loan shall thereupon terminate; and such notice or upon the occurrence of an Event of Default under section 10.1(h), it will pay) to the Administrative Agent an amount of cash equal to the aggregate Stated Amount of all Letters of Credit then outstanding (such amount to be held as security for such Borrower's (and during the continuance of any Subsidiary which is an account party) reimbursement obligations in respect thereof); and/or (e) exercise any other Event of Default, Lender may, by written notice to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make right or remedy available under any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting Lender’s authority hereunder, on or after the Maturity Date, Lender may exercise any or all rights and remedies under the Loan Credit Documents or applicable law; provided that, includingif an Event of Default specified in section 10.1(h) shall occur, without limitation, foreclosure the result which would occur upon the Property or giving of written notice by the Administrative Agent as specified in clauses (a) and/or (b) above shall occur automatically without the giving of any additional collateralsuch notice.

Acceleration, Etc. Upon the occurrence of any Event of Default described in the foregoing Section 10.1(e) 10.1.7 or 10.1(f)10.1.8 with respect to the REIT or Borrower, the Loan shall automatically and immediately terminate and the unpaid principal amount of and any and all accrued interest on the Loan Loans shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender to make any further disbursement of the Loan shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender Agent shall, at the request, or may, with the consent of Requisite Lenders, by written notice to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan Loans and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting Lender’s Agent's authority hereunder, on or after the Maturity Termination Date, Lender may Agent shall, at the request, or may, with the consent, of Requisite Lenders exercise any or all rights and remedies under the Loan Documents or applicable law. Upon the occurrence of and during the continuance of an Event of Default, includingAgent shall be entitled to request and receive, without limitationby or through Borrower or appropriate legal process, foreclosure upon any and all information concerning the Property REIT, Borrower or any additional collateralproperty of any of them, which is reasonably available to or obtainable by Borrower.

Acceleration, Etc. Upon the occurrence of any Event of Default described in the foregoing Section 10.1(e10.01(g) or 10.1(f)10.01(h) with respect to the REIT, Borrower or any Guarantor Subpartnership, the Loan Commitments shall automatically and immediately terminate and the unpaid principal amount of and any and all accrued interest on the Loan Loans shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender Lenders to make any further disbursement of the Loan Loans hereunder shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender Agent shall, at the request, or may, with the consent of Requisite Lenders, by written notice to Borrower, (i) declare that the Loan is Commitments are terminated, whereupon the Loan Commitments and the obligation of Lender Lenders to make any further disbursement of the Loan hereunder shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan Loans and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting Lender’s Agent's authority hereunder, on or after the Maturity Date, Lender may Agent shall, at the request, or may, with the consent, of Requisite Lenders exercise any or all rights and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property all or any additional collateralpart of the Collateral.

Acceleration, Etc. Upon the occurrence of any Event of Default described in the foregoing Section 10.1(e) 10.1.7 or 10.1(f)10.1.8 with respect to the REIT, Borrower or any UPP Subpartnership, the Loan Commitments shall automatically and immediately terminate and the unpaid principal amount of and any and all accrued interest on the Loan Loans shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender Lenders and (with respect to Bid Loans) Designated Bid Lenders to make any further disbursement of the Loan Loans hereunder shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender Administrative Agent shall, at the request, or may, with the consent of the Requisite Lenders, by written notice to Borrower, (i) declare that the Loan is Commitments are terminated, whereupon the Loan Commitments and the obligation of Lender Lenders and (with respect to Bid Loans) Designated Bid Lenders to make any further disbursement of the Loan hereunder shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan Loans and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting Lender’s Administrative Agent's authority hereunder, on or after the Maturity Termination Date, Lender may Administrative Agent shall, at the request, or may, with the consent, of the Requisite Lenders exercise any or all rights and remedies under the Loan Documents or applicable law. Upon the occurrence of and during the continuance of an Event of Default, includingAdministrative Agent shall be entitled to request and receive, without limitationby or through Borrower or appropriate legal process, foreclosure upon any and all information concerning the Property REIT, Borrower, any UPP Subpartnership or any additional collateralproperty of any of them, which is reasonably available to or obtainable by Borrower.

Acceleration, Etc. Upon the occurrence of any Event of Default described in the foregoing Section 10.1(e9.1(g) or 10.1(f)9.1(h) with respect to the REIT or Borrower or any other Consolidated Entity, the Loan Commitment shall automatically and immediately terminate and the unpaid principal amount of and any and all accrued interest on the Loan Advances and all of the other Obligations, and an amount equal to all Letter of Credit Liabilities for deposit into the Letter of Credit Collateral Account, shall automatically become immediately due and payable, with all additional interest interest, fees, costs and expenses from time to time accrued thereon and/or payable hereunder, and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender the Lenders to make any further disbursement of the Loan Advances hereunder shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender Administrative Agent shall, at the request of, or may, with the consent of Requisite Lenders, by written notice to Borrower, (i) declare that the Loan Commitment is terminated, whereupon the Loan Commitment and the obligation of Lender the Lenders to make any further disbursement of the Loan Advance hereunder shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan Advances and all of the other Obligations Obligations, and an amount equal to all Letter of Credit Liabilities for deposit into the Letter of Credit Collateral Account, to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration), all of which are hereby expressly waived by Borrower. Without limiting LenderAdministrative Agent’s authority hereunder, on or after the Maturity Date, Lender may Administrative Agent shall, at the request, or may, with the consent, of Requisite Lenders exercise any or all rights and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property law or any additional collateralin equity.

Acceleration, Etc. Upon the occurrence of If any Event of Default described in the foregoing Section 10.1(e) 7.05 or 10.1(f)7.06 occurs, the Loan obligations of the Lenders to make Loans and the obligations of the Issuing Lenders to issue Letters of Credit hereunder shall automatically and immediately terminate and the unpaid principal amount Obligations of the Borrowers shall immediately become due and payable, and the obligation of the Company to Cash Collateralize the L/C Obligations as required in clause (ii) below shall automatically become effective, in each case without any and all accrued interest election or action on the Loan part of the Administrative Agent or any Lender or Issuing Lender. If any other Default occurs, the Required Lenders (or the Administrative Agent with the consent of the Required Lenders) may (i) terminate or suspend (in whole or in part) the obligations of the Lenders to make Loans and the Issuing Lenders to issue Letters of Credit hereunder and declare the Obligations of the Borrowers to be due and payable (in whole or in part), whereupon such Obligations shall automatically become immediately due and payable, with all additional interest from time to time accrued thereon and without presentment, demand or protest or other requirements of any kind (including, without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate or notice of acceleration), all of which are hereby expressly waived by Borrower, and the obligations of Lender to make any further disbursement of the Loan shall thereupon terminate; and upon the occurrence and during the continuance of any other Event of Default, Lender may, by written notice to Borrower, (i) declare that the Loan is terminated, whereupon the Loan and the obligation of Lender to make any further disbursement of the Loan shall immediately terminate, and/or (ii) declare the unpaid principal amount of, any and all accrued and unpaid interest on the Loan and all of the other Obligations to be, and the same shall thereupon be, immediately due and payable with all additional interest from time to time accrued thereon and without presentment, demand, or protest or other requirements notice of any kind (including without limitation, valuation and appraisement, diligence, presentment, notice of intent to demand or accelerate and of acceleration)kind, all of which are each Borrower hereby expressly waived waives and (ii) require that the Company Cash Collateralize the L/C Obligations in an amount equal to 100% of the outstanding L/C Obligations. Promptly upon any acceleration of the Obligations, the Administrative Agent will provide the Company with notice of such acceleration. If, within thirty (30) days after acceleration of the maturity of the Obligations of the Borrowers or termination of the obligations of the Lenders to make Loans and the obligations of the Issuing Lenders to issue Letters of Credit hereunder as a result of any Default (other than any Default as described in Section 7.05 or 7.06) and before any judgment or decree for the payment of the Obligations due shall have been obtained or entered, the Required Lenders (in their sole discretion) shall so direct, the Administrative Agent shall, by Borrower. Without limiting Lender’s authority hereundernotice to the Company, on or after the Maturity Date, Lender may exercise any or all rights rescind and remedies under the Loan Documents or applicable law, including, without limitation, foreclosure upon the Property or any additional collateralannul such acceleration and/or termination.