Common use of ACCELERATION IN CASE OF BORROWER'S INSOLVENCY Clause in Contracts

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”), as such Code may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s option, declare all of the sums secured by the Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 of this Agreement. Any attorneys’ fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrument.

Appears in 2 contracts

Samples: Loan Agreement (Davco Acquisition Holding Inc), Loan Agreement (Friendco Restaurants Inc)

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ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title 11 of the Federal Bankruptcy U.S. Code (the “Code”"Act"), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an any involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectivelyBorrower, within sixty (60) 120 days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) 10 days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 or provided for herein or in any of this Agreementthe Loan Documents or pursuant to applicable law. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph Section 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 2 contracts

Samples: Leases and Rents and Security Agreement (Acadia Realty Trust), And Security Agreement (Acadia Realty Trust)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If To the fullest extent permitted by law, if Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”), as such Code same may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankruptBorrower, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s option's option , declare all of the sums secured by the Instrument this Mortgage to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 of in this AgreementMortgage. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumentthis Mortgage.

Appears in 2 contracts

Samples: Ship Agreement, Ship Agreement

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”)Act, as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceedingBorrower, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 27 of this AgreementInstrument. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 2 contracts

Samples: Agreement and Fixture Filing, Rents and Security Agreement (Maxus Realty Trust Inc)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”), as such Code may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an any involuntary proceeding proceedings admitting insolvency insolvency, failure or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay within sixty (60) days after the filing thereof of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceedingBorrower, or if Borrower or any Guarantor pursuant to the Federal Bankruptcy Code an order for relief shall be adjudged a bankruptentered against Borrower, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s 's property or any Guarantor’s property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s option, declare all of the sums secured by the this Instrument to shall, at Lender's option, become and be immediately due and payable without prior notice to BorrowerBorrower and without the need for any declaration or other action by Lender or any other party, and Lender may invoke any remedies permitted by paragraph 21 19 of this AgreementInstrument. Any attorneys’ attorney fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events events, which fees and expenses shall be additional indebtedness of Borrower secured by this Instrument to the instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumentextent permitted by law.

Appears in 1 contract

Samples: Real Estate Mortgage, Security Agreement and Fixture Filing (Oboisie Corp)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title 11 of the Federal Bankruptcy U.S. Code (the “CodeAct”), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an any involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectivelyBorrower, within sixty (60) 120 days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s assets and such seizure is not discharged within ten (10) 10 days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 or provided for herein or in any of this Agreementthe Loan Documents or pursuant to applicable law. Any attorneys’ reasonable attorney’s fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph Section 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Apn (Strategic Storage Trust VI, Inc.)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title 11 of the Federal Bankruptcy U.S. Code (the “Code”"ACT"), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an any involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectivelyBorrower, within sixty (60) 120 days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten thirty (1030) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 or provided for herein or in any of this Agreementthe Loan Documents or pursuant to applicable law. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph Section 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Mortgage (Horizon Group Properties Inc)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”), as such Code may from time to time be amended, or under any similar or successor Federal statute Statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability failure to pay debtsdebts as they come due, or if Borrower or any Guarantor shall fail within sixty (60) days to obtain a vacation vacation, stay or stay dismissal of involuntary proceedings brought for the reorganization, reorganization dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceedingBorrower, or if Borrower or any Guarantor an order for relief under the Federal Bankruptcy Code shall be adjudged a bankruptentered against the Borrower, or if a trustee trustee, receiver or receiver custodian shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten sixty (1060) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 26 of this AgreementInstrument. Any attorneys’ reasonable attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrument9 hereof.

Appears in 1 contract

Samples: Rents and Security Agreement (Ca Short Co)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title I I of the Federal Bankruptcy U.S. Code (the “Code”"Act"), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an any involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectivelyBorrower, within sixty (60) 120 days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) 10 days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 or provided for herein or in any of this Agreementthe Loan Documents or pursuant to applicable law. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph Section 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Rents and Security Agreement (Acadia Realty Trust)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”)Act, as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivershipinsolvency, arrangements or reorganizations, or under any similar or successor Federal statute relating to bankruptcy, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceedingBorrower, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall shall, be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender lender may invoke any remedies permitted by paragraph 21 27 of this AgreementInstrument. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Rents and Security Agreement (Capital Senior Living Corp)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title 11 of the Federal Bankruptcy U.S. Code (the “Code”"ACT"), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an any answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty ninety (6090) days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten fifteen (1015) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 PARAGRAPH 27 of this AgreementInstrument. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph PARAGRAPH 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Corporate Property Associates 17 - Global INC

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”)Act, as such Code Act may from time to time be amended, or under any similar or successor Federal statute statue relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceedingBorrower, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 19 of this AgreementInstrument. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: www.mortgage-investments.com

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title 11 of the Federal Bankruptcy U.S. Code (the “Code”"Act"), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an any involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectivelyBorrower, within sixty (60) 120 days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) 60 days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 or provided for herein or in any of this Agreementthe Loan Documents or pursuant to applicable law. Any attorneys’ reasonable attorney's fees and other actual expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph Section 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Operations and Maintenance Agreement (Gladstone Commercial Corp)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title 11 of the Federal Bankruptcy U.S. Code (the “Code”"Act"), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an any involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectivelyBorrower, within sixty one hundred and twenty (60120) days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 27 of this AgreementInstrument. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrument.hereof

Appears in 1 contract

Samples: Rents and Security Agreement (Microware Systems Corp)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”)Act, as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceedingBorrower, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 27 of this AgreementInstrument. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the this instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrument.hereof. SEE ATTACHED RIDER TO MULTIFAMILY INSTRUMENT SEE ATTACHED RIDER TO MULTIFAMILY INSTRUMENT

Appears in 1 contract

Samples: Apartment Investment & Management Co

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”), as such Code may from time to time be amended, or under any similar or successor Federal statute Statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability failure to pay debtsdebts as they come due, or if Borrower or any Guarantor shall fail within 60 days to obtain a vacation vacation, stay or stay dismissal of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceedingBorrower, or if Borrower or any Guarantor an order for relief under the Federal Bankruptcy Code shall be adjudged a bankruptentered against the Borrower, or if a trustee trustee, receiver or receiver custodian shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) 60 days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 25 of this AgreementInstrument. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Rents and Security Agreement (Glimcher Realty Trust)

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ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title 11 of the Federal Bankruptcy U.S. Code (the “CodeAct”), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an any answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty ninety (6090) days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s assets and such seizure is not discharged within ten fifteen (1015) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 27 of this AgreementInstrument. Any attorneys’ attorney’s fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Severance Lease (New York Times Co)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”), as such Code may from time to time be amended, or under any similar or successor Federal statute Statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability failure to pay debtsdebts as they come due, or if Borrower or any Guarantor shall fail within 60 days to obtain a vacation vacation, stay or stay dismissal of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceedingBorrower, or if Borrower or any Guarantor an order for relief under the Federal Bankruptcy Code shall be adjudged a bankruptentered against Borrower, or if a trustee trustee, receiver or receiver custodian shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) 60 days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 25 of this AgreementInstrument. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Rents and Security Agreement (Glimcher Realty Trust)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”), as such Code may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s option, declare all of the sums secured by the Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 Section 7(d) of this Agreement. Any reasonable attorneys’ fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumentInstrument.

Appears in 1 contract

Samples: Construction Loan Agreement (CNL Income Properties Inc)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title 11 of the Federal Bankruptcy U.S. Code (the “Code”"ACT"), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an any involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectivelyBorrower, within sixty (60) 120 days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) 10 days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 or provided for herein or in any of this Agreementthe Loan Documents or pursuant to applicable law. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph Section 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: And Security Agreement (Acadia Realty Trust)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title 11 of the Federal Bankruptcy U.S. Code (the “Code”"Act"), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an any involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectivelyBorrower, within sixty one hundred and twenty (60120) days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 PARAGRAPH 27 of this AgreementInstrument. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph PARAGRAPH 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Rents and Security Agreement (Metatec International Inc)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the “Code”)Act, as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty (60) days of the filing of such involuntary proceedingBorrower, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 27 of this AgreementInstrument. Any attorneys’ attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumenthereof. SEE ATTACHED RIDER TO MULTIFAMILY INSTRUMENT.

Appears in 1 contract

Samples: Rents and Security Agreement (Maxus Realty Trust Inc)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title 11 of the Federal Bankruptcy U.S. Code (the “CodeAct”), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an any involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectivelyBorrower, within sixty on hundred and twenty (60120) days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 27 of this AgreementInstrument. Any attorneys’ attorney’s fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Rents and Security Agreement (First Potomac Realty Trust)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under Title 11 of the Federal Bankruptcy U.S. Code (the “Code”"Act"), as such Code Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an any involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectivelyBorrower, within sixty one hundred and twenty (60120) days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s or such Guarantor’s 's assets and such seizure is not discharged within ten (10) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the this Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 27 of this AgreementInstrument. Any attorneys’ reasonable attorney's fees and other expenses incurred by Lender in connection with Borrower’s or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument this Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumenthereof.

Appears in 1 contract

Samples: Rents and Security Agreement (World Wrestling Federation Entertainment Inc)

ACCELERATION IN CASE OF BORROWER'S INSOLVENCY. If Borrower or any Guarantor shall voluntarily file a petition under the Federal Bankruptcy Code (the "Code"), as such Code may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, receivership, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer in an involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower or any Guarantor shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation of Borrower or such Guarantor respectively, within sixty ninety (6090) days of the filing of such involuntary proceeding, or if Borrower or any Guarantor shall be adjudged a bankrupt, or if a trustee or receiver shall be appointed for Borrower or any Guarantor or for any of Borrower’s 's property or any Guarantor’s 's property, or if the Property shall become subject to the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower or any Guarantor shall make an assignment for the benefit of Borrower’s 's or such Guarantor’s 's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower’s 's or such Guarantor’s 's assets and such seizure is not discharged within ten thirty (1030) days, then Borrower shall be in Default under the Instrument and Lender may, at Lender’s 's option, declare all of the sums secured by the Instrument to be immediately due and payable without prior notice to Borrower, and Lender may invoke any remedies permitted by paragraph 21 of this Agreement. Any reasonable attorneys' fees and other expenses incurred by Lender in connection with Borrower’s 's or any Guarantor’s 's bankruptcy or any of the other aforesaid events shall be additional indebtedness of Borrower secured by the instrument Instrument pursuant to paragraph 8 hereof and paragraph 8 of the instrumentInstrument.

Appears in 1 contract

Samples: Loan Agreement (Ich Corp /De/)

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