Common use of Breakage and other Costs Clause in Contracts

Breakage and other Costs. In the event that the Lender obtains an MBS Commitment and the Lender fails to fulfill the MBS Commitment because the Advance is not made (for a reason other than the default of the Lender to make the Advance or the failure of the purchaser of the MBS to purchase such MBS), the Borrower shall pay all breakage and other costs, fees and damages incurred by the Lender in connection with its failure to fulfill the MBS Commitment. The Lender reserves the right to require that the Borrower post a deposit at the time the MBS Commitment is obtained.

Appears in 3 contracts

Samples: Master Credit Facility Agreement (United Dominion Realty Trust Inc), Master Credit Facility Agreement (United Dominion Realty Trust Inc), Master Credit Facility Agreement (United Dominion Realty Trust Inc)

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Breakage and other Costs. In the event that the Lender obtains an ------------------------ MBS Commitment and the Lender fails to fulfill the MBS Commitment because the Advance is not made (for a reason other than the default of the Lender to make the Advance or the failure of the purchaser of the MBS to purchase such MBS), the Borrower shall pay all breakage and other costs, fees and damages incurred by the Lender in connection with its failure to fulfill the MBS Commitment. The Lender reserves the right to require that the Borrower post a deposit at the time the MBS Commitment is obtained.

Appears in 2 contracts

Samples: Credit Facility Agreement (United Dominion Realty Trust Inc), Agreement (United Dominion Realty Trust Inc)

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Breakage and other Costs. In the event that the If Lender obtains an MBS Commitment obtains, and the Lender then fails to fulfill fulfill, the MBS Commitment because the Advance is not made (for a reason other than the default of the Lender to make the Advance or the failure of the purchaser of the MBS to purchase such MBSLender's default), the Borrower shall pay all breakage reasonable out-of-pocket costs payable to the potential investor and other reasonable costs, fees and damages incurred by the Lender in connection with its failure to fulfill the MBS Commitment. The Lender reserves the right to require that the Borrower to post a deposit at the time the MBS Commitment is obtained. Such deposit shall be refundable to Borrower upon the delivery of the related MBS.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Sunrise Assisted Living Inc)

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