Common use of Borrower’s Agreements Clause in Contracts

Borrower’s Agreements. Borrower acknowledges that it would be extremely difficult or impracticable to determine Xxxxxx’s actual damages resulting from any late payment or default, and such late charges and default interest are reasonable estimates of those damages and do not constitute a penalty. The remedies of Lender in this Note or in the Loan Documents, or at law or in equity, shall be cumulative and concurrent, and may be pursued singly, successively or together, in Xxxxxx’s discretion.

Appears in 8 contracts

Samples: Indemnity Agreement (Industrial Income Trust Inc.), Indemnity Agreement (NNN Apartment REIT, Inc.), Indemnity Agreement (NNN Healthcare/Office REIT, Inc.)

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Borrower’s Agreements. Borrower acknowledges that it would be extremely difficult or impracticable to determine Xxxxxx’s actual damages resulting from any late payment or default, and such late charges and default interest are reasonable estimates of those damages and do not constitute a penalty. The remedies of Lender in this Note or in the Loan Documents, or at law or in equity, shall be cumulative and concurrent, and to the extent permitted by applicable law may be pursued singly, successively or together, in Xxxxxx’s discretion.

Appears in 1 contract

Samples: Lightstone Value Plus Real Estate Investment Trust, Inc.

Borrower’s Agreements. Borrower acknowledges that it would be extremely difficult or impracticable to determine XxxxxxLxxxxx’s actual damages resulting from any late payment or default, and such late charges and default interest are reasonable estimates of those damages and do not constitute a penalty. The remedies of Lender in this Note or in the Loan Documents, or at law or in equity, shall be cumulative and concurrent, and may be pursued singly, successively or together, in XxxxxxLxxxxx’s discretion.

Appears in 1 contract

Samples: Indemnity Agreement (NNN Apartment REIT, Inc.)

Borrower’s Agreements. Borrower acknowledges that it would be extremely difficult or impracticable to determine XxxxxxLxxxxx’s actual damages resulting from any late payment or default, and such late charges and default interest are reasonable estimates of those damages and do not constitute a penalty. The remedies of Lender in this Note or in the Loan Documents, or at law or in equity, shall be cumulative and concurrent, and to the extent permitted by applicable law may be pursued singly, successively or together, in XxxxxxLxxxxx’s discretion.

Appears in 1 contract

Samples: Promissory Note (Lightstone Value Plus Real Estate Investment Trust, Inc.)

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Borrower’s Agreements. Borrower acknowledges that it would be extremely difficult or impracticable to determine Xxxxxx’s actual damages resulting from form any late payment or default, and such late charges and default interest are reasonable estimates of those damages and do not constitute a penalty. The remedies of Lender in this Note or in the Loan Documents, or at law or in equity, shall be cumulative and concurrent, and may be pursued singly, successively or together, in Xxxxxx’s discretion.

Appears in 1 contract

Samples: Dividend Capital Total Realty Trust Inc.

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