Advances by Lessor. If Lessee shall fail to make or perform any payment or act required by this Lease, then, upon ten (10) Business Days' notice to Lessee (or upon shorter notice or no notice, to the extent necessary to meet an emergency or a governmental limitation), Lessor may at its option pay or perform such act for the account of Lessee, and Lessor shall not thereby be deemed to have waived any Default or released Lessee from any obligation hereunder. Amounts so paid by Lessor and all related incidental reasonable costs and related reasonable expenses (including reasonable attorneys' fees and reasonable expenses) incurred in connection with such payment or performance shall constitute Additional Rent and shall be paid by Lessee to Lessor on demand and shall bear interest at the Overdue Rate from the date of Lessor's payment until the date .Lessor is reimbursed in full.
Advances by Lessor. If Lessee shall fail to make or perform any payment (other than the payment of Basic Rent) or act required by this Lease, then, upon ten (10) days' notice to Lessee (or upon shorter notice or no notice, to the extent necessary to meet an emergency or a governmental limitation), Lessor may at its option make such payment or perform such act for the account of Lessee, and Lessor shall not thereby be deemed to have waived any default or released Lessee from any obligation hereunder. Amounts so paid by Lessor and all incidental costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with such payment or performance shall constitute Additional Rent and shall be paid by Lessee to Lessor on demand together with interest thereon at the rate of interest set forth in Article 3 hereof from the date of demand until the date of payment.
Advances by Lessor. 47 10.4 AGREEMENT TO PAY ATTORNEYS' FEES AND EXPENSES.... 48 10.5 WAIVER........................................... 48 ARTICLE XI
Advances by Lessor. In addition to the foregoing remedy, if Lessee fails to pay the premiums on policies to provide the full insurance coverage required by this Lease, fails to pay any Taxes at or prior to the time they are required to be paid, or fails to keep the Hospital Facilities in good order and repair or fails to perform any other covenants or agreements on Lessee's part to be performed hereunder, Lessor, after first giving Lessee reasonable prior notice of any such failure on its part, may (but shall not be obligated to) pay the premiums on such insurance, pay such taxes or other charges, or make such repairs, renewals, and replacements as may be necessary to maintain the Hospital Facilities properly and in good order and repair and in a reasonably safe condition, or perform such acts which Lessee has failed to perform and all amounts advanced or paid therefor by Lessor shall become an additional obligation of Lessee to Lessor. Lessee hereby agrees to pay the same upon demand to Lessor together with interest thereon at the maximum rate then permitted to be charged by private parties in contracts governed by Florida law.
Advances by Lessor. In the event Lessee shall fail to maintain the ------------------ full insurance coverage required by this Lease or shall fail to keep the Premises in safe condition, or shall fail to keep the building in good repair and good operating condition, Lessor may (but shall be under no obligation to) take out the required policies of insurance and pay the premiums on the same or make the required repairs, renewals and replacements; and all amounts so advanced therefor by Lessor shall become additional rent due from Lessee to Lessor, which rent, together with interest, from the date of payment by Lessor at a rate of two percent (2%) per annum over the prime rate of interest charged by CFX Bank, its successors or assigns, at the time of payment thereof by Lessor, Lessee agrees to pay to Lessor on demand.
Advances by Lessor. In the event Lessee shall fail to pay any of the items required by any portion of this Article IV to be paid by Lessee, or shall fail to maintain and pay premiums for the full insurance required, or shall fail to keep the Leased Premises in as reasonably safe condition as its operating conditions will permit, or shall fail to keep the Buildings and Improvements in reasonably good repair and good operating condition, Lessor may (but shall not be under any obligation to) take out the required policies and pay the premiums thereon, or make the required repairs, renewals and replacements; and all amounts advanced therefor by Lessor shall become an additional obligation of Lessee to the Lessor, collectable as Additional Rent under Section 2.2. With respect to any repairs or replacements relating to condition of the Leased Premises, Lessor shall give Lessee thirty (30) days written notice and an opportunity to cure the condition within that time period prior to taking any action under this Paragraph.
Advances by Lessor. To the extent not otherwise provided for ------------------ herein, all sums advanced by the Lessor to effect performances required of Tenant hereunder shall be due with the installment of rent next following the advancement of any such sum by Lessor together with interest thereon until paid at the rate of ten percent (10%) per annum or the maximum effective contract rate of interest which may be lawfully charged at the time of any such advancement, whichever is less.
Advances by Lessor. Subject to the conditions and terms hereof, the Lessor shall take the following actions at the written request of any Lessee from time to time during the Commitment Period:
(a) the Lessor shall make Advances (out of funds provided by the Lenders, together with funds provided by the Lessor) to the Construction Agent for the purpose of financing the acquisition of Land (and Improvements existing thereon) and the Construction of Improvements thereon and, to the extent permitted by the last sentence of this SECTION 3.1, reimbursing the Construction Agent for certain Transaction Expenses;
(b) the Lessor shall acquire the Land (and directly take title to such Land) or enter into a ground lease for the Land and acquire Improvements (using funds provided by the Lenders, together with funds provided by the Lessor); and
(c) the Lessor shall lease the Land and Improvements to such Lessee under the Master Lease and the respective Lease Supplements. Notwithstanding any other provision hereof, the Lessor shall not be obligated to make any Advance with respect to any Property if, after giving effect thereto, (i) the aggregate outstanding amounts of the Loans and Equity Amounts would exceed the aggregate Loan Commitments or the Lessor Commitment, respectively, (ii) the Land Acquisition Costs and Existing Improvement Costs for such Property would exceed the Fair Market Sales Value of such Property as set forth in the Acquisition Date Appraisal therefor delivered pursuant to SECTION 6.3(i) or (iii) the Property Improvement Costs for such Property would exceed 117.6% of (a) the Fair Market Sales Value of the Property as set forth in the As-Built Appraisal of such Property delivered pursuant to Section 6.2(c) (PROVIDED that, solely for purposes of CLAUSE (ii), the Property Cost of the Property acquired on the Initial Acquisition Date shall be deemed to exclude Transaction Expenses incurred in connection with the negotiation and execution of the Operative Documents on the Documentation Date) MINUS (b) the Land Acquisition Costs and Existing Improvement Costs for such Property.
Advances by Lessor. 3 SECTION 3.2. Lessor's Commitment..........................................................................3 SECTION 3.3. Lenders' Commitments.........................................................................4 SECTION 3.4. Procedures for Advances......................................................................4 SECTION 3.5. Interest Rate; Equity Yield Rate.............................................................5
Advances by Lessor. 36 22. Conditional Limitations -- Events of Default and Remedies. 36 23. Notices................................................... 41 24.
