Common use of Borrower’s Right to Terminate the Agreement Clause in Contracts

Borrower’s Right to Terminate the Agreement. At any time during the term of the Sponsor Borrower Loan, Sponsor shall have the right to terminate this Agreement in full and the parties’ obligations under the Loan Documents, provided that (i) Borrower and Sponsor deliver to Lender 30 days advance written Notice of the revocable election to terminate this Agreement specifying the Expiration Date, (ii) Borrower repays all Indebtedness with respect to, the Sponsor Borrower Loan in full and (iii) Borrower performs all other Obligations under this Agreement, the Revolving Credit Note and the other Loan Documents. Upon Borrower’s compliance with the terms and provisions herein, Lender shall release the Liens granted hereunder and release and discharge Borrower from any and all Obligations under the other Loan Documents except as to environmental indemnifications under Sections 6.12 and 10.02 of the applicable Loan Agreement on the Expiration Date. Without limiting any other provision contained herein, in the event Sponsor shall revoke any such request to terminate Borrower’s Obligations under this Agreement in full and the parties’ Obligations under the Loan Documents, Borrower shall pay all costs and expenses incurred by Lender and Servicer in connection with such revocation, including, without limitation, Attorneys’ Fees and Costs.

Appears in 2 contracts

Samples: Credit Agreement (Preferred Apartment Communities Inc), Credit Agreement (Preferred Apartment Communities Inc)

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Borrower’s Right to Terminate the Agreement. At any time during the term of the Sponsor Borrower Loan, Sponsor Borrower shall have the right to terminate this Agreement in full and the parties’ obligations under the Loan Documents, provided that Borrower (i) Borrower and Sponsor deliver delivers to Lender 30 thirty (30) days advance written Notice of the its revocable election to terminate this Agreement specifying the Expiration Date, (ii) Borrower repays all Indebtedness Accrued Interest (as hereinafter defined) on, and principal with respect to, the Sponsor Borrower Loan in full and (iii) Borrower performs all other Obligations under this Agreement, the Revolving Credit Note and the other Loan Documents. Upon , including, but not limited to, Borrower’s compliance obligations to pay all fees as specified in Section 2.13.4. Notwithstanding anything herein to the contrary, a Sponsor Liquidity Event shall be deemed an election by Borrower to terminate this Agreement. In the event Borrower has complied with the terms and provisions hereinrequirements set forth in this Section 2.13.2, Lender shall release the Liens granted hereunder and release and discharge Borrower from any and all Obligations under the other Loan Documents except as to environmental indemnifications under Sections 6.12 and 10.02 of the applicable Loan Agreement on the Expiration DateDate in accordance with Section 2.10. Without limiting any other provision contained herein, in the event Sponsor Borrower shall revoke any such request to terminate Borrower’s its Obligations under this Agreement in full and the parties’ Obligations obligations under the Loan Documents, Borrower shall pay all costs and expenses incurred by Lender and Servicer in connection with such revocation, including, without limitation, Attorneys’ Fees and Costs.

Appears in 1 contract

Samples: Credit Agreement (Steadfast Apartment REIT, Inc.)

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Borrower’s Right to Terminate the Agreement. At any time during the term of the Sponsor Borrower Loan, Sponsor Borrower shall have the right to terminate this Agreement in full and the parties’ obligations under the Loan Documents, provided that Borrower (i) Borrower and Sponsor deliver delivers to Lender 30 days advance written Notice of the its revocable election to terminate this Agreement specifying the Expiration Date, (ii) Borrower repays all Indebtedness with respect to, the Sponsor Borrower Loan in full and (iii) Borrower performs all other Obligations under this Agreement, the Revolving Credit Note, the Fixed Rate Note and the other Loan Documents, including, but not limited to, Borrower’s obligations to pay the Termination Fee. Notwithstanding anything herein to the contrary, a Sponsor Liquidity Event shall be deemed an election by Borrower to terminate this Agreement except as otherwise permitted pursuant to Section 8.3. Upon Borrower’s compliance with the terms and provisions hereinin this Section 2.6, Lender shall release the Liens granted hereunder and release and discharge Borrower from any and all Obligations under the other Loan Documents except as to environmental indemnifications under Sections 6.12 and 10.02 of the applicable Loan Agreement on the Expiration Date. Without limiting any other provision contained herein, in the event Sponsor Borrower shall revoke any such request to terminate Borrower’s its Obligations under this Agreement in full and the parties’ Obligations obligations under the Loan Documents, Borrower shall pay all costs and expenses incurred by Lender and Servicer in connection with such revocation, including, without limitation, Attorneys’ Fees and Costs. 3. COLLATERAL POOL, ADDITION AND RELEASE, VALUATIONS AND MATERIAL ADVERSE CHANGE.

Appears in 1 contract

Samples: Credit Agreement (Steadfast Income REIT, Inc.)

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