Common use of Actions and Proceedings Clause in Contracts

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 83 contracts

Samples: Deed of Trust, Assignment of Leases and Rents, Security Agreement and Fixture Filing, Security Agreement, Deed of Trust and Security Agreement

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Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 15 contracts

Samples: Mortgage and Security Agreement (Manufactured Housing Properties Inc.), Mortgage and Security Agreement (Resource Real Estate Opportunity REIT, Inc.), Leasehold Mortgage, Assignment of Leases and Rents and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Actions and Proceedings. After the occurrence and during the continuance of an Event of Default, Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 14 contracts

Samples: Leasehold Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Empire Resorts Inc), Mortgage and Security Agreement (Butler International Inc /Md/), Deed of Trust, Security Agreement, Assignment of Production and Fixture Filing (Cubic Energy Inc)

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 12 contracts

Samples: Deed of Trust (Electro Scientific Industries Inc), Deed of Trust, Security Agreement, Assignment of Leases and Fixture Filing (Medalist Diversified REIT, Inc.), Deed of Trust, Security Agreement, Assignment of Leases and Fixture Filing (Medalist Diversified REIT, Inc.)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property in its own name or, if required by Legal Requirements or, if in Lender’s reasonable judgment, it is necessary, in the name and on behalf of Borrower, which Lender believes will adversely affect the Property or this Security Instrument and to bring any action or proceedingproceedings, in its name or in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 11 contracts

Samples: Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Ashford Hospitality Trust Inc), Open End Mortgage, Security Agreement, Financing Statement and Assignment of Rents (Ashford Hospitality Prime, Inc.), Mortgage, Security Agreement, Assignment of Rents and Fixture Filing (Ashford Hospitality Trust Inc)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property Property, and after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 3 contracts

Samples: Open End Mortgage and Security Agreement (Associated Estates Realty Corp), Open End Mortgage and Security Agreement (Associated Estates Realty Corp), Loan Agreement (Price Enterprises Inc)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its reasonable discretion, decides should be brought to protect its interest in the Property.

Appears in 3 contracts

Samples: Deed of Trust and Security Agreement (Infousa Inc), Deed of Trust and Security Agreement (Infousa Inc), Mortgage, Assignment of Leases and Rents and Security Agreement (Glimcher Realty Trust)

Actions and Proceedings. The Lender has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Borrowerthe Mortgagor, which the Lender, in its their sole discretion, decides should be brought to protect its and any Secured Parties’ interest in the Mortgaged Property.

Appears in 3 contracts

Samples: Mortgage and Security Agreement (Avalon GloboCare Corp.), Mortgage and Security Agreement (Avalon GloboCare Corp.), Mortgage and Security Agreement (Avalon GloboCare Corp.)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of BorrowerMortgagor, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Open End Mortgage and Security Agreement (Glimcher Realty Trust), Open End Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property Property, if reasonably necessary to protect Lender's interest in the Property, and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its reasonable discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Second Fee and Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Lasalle Hotel Properties), Fee and Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Lasalle Hotel Properties)

Actions and Proceedings. At any time, Lender has the right to appear in and defend defend, compromise or settle any action or proceeding brought with respect to the Property Property, and after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Convertible Promissory Notes (Minrad International, Inc.), Mortgage and Security Agreement (Polymer Research Corp of America)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower upon notice to Borrower, which Lender, in its reasonable discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Alexanders Inc)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Individual Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Mortgage and Security Agreement (BlueLinx Holdings Inc.)

Actions and Proceedings. Lender has the right to appear in ----------------------- and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Variable Interest Rate Deed of Trust (Kilroy Realty Corp)

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Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its sole discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Leasehold Mortgage, Assignment of Rents and Security Agreement

Actions and Proceedings. Lender has the right to appear ----------------------- in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Agreement of Spreader, Consolidation and Modification of Mortgage (Sl Green Realty Corp)

Actions and Proceedings. Lender has the right to appear in and defend any material action or material proceeding brought with respect to the Property to protect its interest in the Property and to bring any material action or material proceeding, in the name and on behalf of Borrower, which Lender, in its reasonable discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (FSP 50 South Tenth Street Corp)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of either Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Fee and Leasehold Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Glimcher Realty Trust)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of any Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Open End Fee and Leasehold Mortgage and Security Agreement (Ventas Inc)

Actions and Proceedings. Each Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which such Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ramtron International Corp)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.. 152

Appears in 1 contract

Samples: Mortgage and Security Agreement (Entertainment Properties Trust)

Actions and Proceedings. Lender has the right right, from and after any Event of Default, or upon the failure of Borrower to take action when requested by Lender, to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Consolidation, Modification, Spreader and Extension Agreement (Unitel Video Inc/De)

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