Certain Cure Periods; Limitation of Cure Periods. (a) Notwithstanding anything contained in §12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(b) in the event that the Borrowers cure such Default within five (5) Business Days after the date such payment is due, provided that no such cure period shall apply to any payments due upon the maturity of the Notes, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(e) in the event that, if such Default consists of the failure to provide insurance as required by §7.7, the Borrowers cure such Default within fifteen (15) days following receipt of written notice of such Default or with respect to the occurrence of any other failure described in §12.1(e) in the event such failure shall continue for thirty (30) days after Borrower receives from Agent written notice thereof, and in the case of a default that cannot be cured within such thirty (30) day period despite Borrower’s diligent efforts but is susceptible of being cured within ninety (90) days of Borrower’s receipt of Agent’s original notice, then Borrower shall have such additional time as is reasonably necessary to effect such cure, but in no event in excess of ninety (90) days from Borrower’s receipt of Agent’s original notice, provided that the provisions of this clause (ii) shall not pertain to any default consisting of a failure to comply with §8.1, §8.2, §8.3, §8.4, §8.7, §8.8, or §8.14, or to any Default excluded from any provision of cure of defaults contained in any other of the Loan Documents.
Certain Cure Periods; Limitation of Cure Periods. (a) Notwithstanding anything contained in §12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(b) in the event that the Borrower cures such Default within five (5) Business Days following receipt of written notice of such Default, provided, however, that Borrower shall not be entitled to receive more than five (5) notices in the aggregate pursuant to this clause (i) in any period of 365 days ending on the date of any such occurrence of Default, and provided further that no such cure period shall apply to any payments due upon the maturity of the Notes, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d) in the event that the Borrower cures such Default within thirty (30) days following receipt of written notice of such default, provided that the provisions of this clause (ii) shall not pertain to defaults consisting of a failure to provide insurance as required by §7.7, to any default consisting of a failure to comply with §7.4(c),§7.4(d), §7.16, §8.1, §8.2, §8.3, §8.4, §8.7, §8.8 or §8.12 or to any Default excluded from any provision of cure of defaults contained in any other of the Loan Documents.
Certain Cure Periods; Limitation of Cure Periods. (a) Notwithstanding anything contained in §12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(b) in the event that the Borrower cures such failure within five (5) Business Days after the date such payment is due, provided that no such cure period shall apply to any payments due upon the maturity of the Notes, and (ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d) in the event that the Borrower cures such failure within thirty (30) days following receipt of written notice of such failure, provided that the provisions of this clause (ii) shall not pertain to any default consisting of a failure to comply with §7.4(c), §8.1, §8.2, §8.3, §8.4, §8.7, §8.8, §8.15 or to any Default excluded from any provision of cure of defaults contained in any other of the Loan Documents.
Certain Cure Periods; Limitation of Cure Periods. 102 §12.3 Termination of Commitments 103 §12.4 Remedies 103 §12.5 Distribution of Proceeds 103 §12.6 Collateral Account 104 §13. SETOFF. 105 §14. THE AGENT. 106 §14.1 Authorization 106 §14.2 Employees and Agents 106 §14.3 No Liability 106 §14.4 No Representations 107 §14.5 Payments 107 §14.6 Holders of Notes 108 §14.7 Indemnity 108 §14.8 Agent as Lender 108 §14.9 Resignation 108 §14.10 Duties in the Case of Enforcement 109 §14.11 Bankruptcy 109 §14.12 Reliance by Agent 110 §14.13 Approvals 110 §14.14 Borrower Not Beneficiary 110 §15. EXPENSES. 111 §16. INDEMNIFICATION. 111 §17. SURVIVAL OF COVENANTS, ETC. 000 §00. ASSIGNMENT AND PARTICIPATION. 113 §18.1 Conditions to Assignment by Lenders 113 §18.2 Register 114 §18.3 New Notes 114 §18.4 Participations 115 §18.5 Pledge by Lender 115 §18.6 No Assignment by Borrower 115 §18.7 Disclosure 116 §18.8 Amendments to Loan Documents 116 §18.9 Mandatory Assignment 117 §18.10 Titled Agents 117 §19. NOTICES. 117 §20. RELATIONSHIP. 000 §00. GOVERNING LAW; CONSENT TO JURISDICTION AND SERVICE. 120 §22. HEADINGS. 120 §23. COUNTERPARTS. 000 §00. ENTIRE AGREEMENT, ETC. 000 §00. WAIVER OF JURY TRIAL AND CERTAIN DAMAGE CLAIMS. 000 §00. DEALINGS WITH THE BORROWER. 121 §27. CONSENTS, AMENDMENTS, WAIVERS, ETC. 000 §00. SEVERABILITY. 123 §29. TIME OF THE ESSENCE. 124 §30. NO UNWRITTEN AGREEMENTS. 000 §00. REPLACEMENT NOTES. 124 §32. NO THIRD PARTIES BENEFITED. 000 §00. PATRIOT ACT. 124 §34. ACKNOWLEDGEMENT AND CONSENT TO BAIL-IN OF EEA FINANCIAL INSTITUTIONS. 125 §35. AMENDMENT AND RESTATEMENT OF LOAN DOCUMENTS. 000 §00. WAIVER OF CLAIMS. 126
Certain Cure Periods; Limitation of Cure Periods. Notwithstanding anything contained in §12.1 to the contrary, (i) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(b) in the event that the Borrower cures such Default within five (5) Business Days after the date such payment is due (or, with respect to any payments other than interest on the Loans, any reimbursement obligations with respect to the Letters of Credit, any fees due under the Loan Documents or any deposits to the Tax and Insurance Reserve Account or the FF&E Reserve Account (as defined in the Cash Collateral Agreement), within five (5) Business Days after written notice thereof shall have been given to the Borrower by the Agent), provided, however, that the Borrower shall not be entitled to receive more than two (2) grace or cure periods in the aggregate pursuant to this clause (i) in any period of 365 days ending on the date of any such occurrence of Default, and provided further, that no such cure period shall apply to any payments due upon the maturity of the Notes, and (ii(ii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(c) solely with respect to a breach of the covenant set forth in §9.4 (it being acknowledged that no other cure right is provided for any other Default under §9) in the event that the Borrower cures (or causes to be cured) such Default by the infusion of new Subordinate Debt within fifteen days of such occurrence, and (iii) no Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(d) in the event that the Borrower cures (or causes to be cured) such Default within thirty (30) days following receipt of written notice of such default, provided that the provisions of this clause (iiiii) shall not pertain to defaults consisting of a failure to provide insurance as required by §7.7, to any default (whether of the Borrower, any Guarantor or any Subsidiary thereof) consisting of a failure to comply with §§7.4(c), 7.14, 7.18, 7.19(c), 7.20, 7.23, 8.1, 8.2, 8.3, 8.4, 8.7, 8.8, 8.9, 8.11, 8.13, 8.14, 8.15 or8.15, 8.16 or 8.17 or to any Default excluded from any provision of cure of defaults contained in any other of the Loan Documents. In the event that there shall occur any Default that affects only certain Borrowing Base Properties or the owner(s) thereof, then the Borrower may elect to cure such Default (so long as no other Default or Event of Default would arise as a result) by electing to have Ag...
Certain Cure Periods; Limitation of Cure Periods. No Event of Default shall exist hereunder upon the occurrence of any failure described in §12.1(e) in the event that the Borrowers cure such Default within thirty (30) days following receipt of written notice of such default, provided that the provisions of this §12.2 shall not pertain to defaults consisting of a failure to provide insurance as required by §7.7, to any default consisting of a failure to comply with §5.4, §7.14, §7.15, §8.1, §8.2, §8.6, §8.7 or §8.8 or to any Default excluded from any provision of cure of defaults contained in any other of the Loan Documents.
Certain Cure Periods; Limitation of Cure Periods. 152153 Section 12.3 Termination of Total Commitment 153154 Section 12.4 Remedies 153155 Section 12.5 Collateral Account 154155 SECTION 13. SETOFF 155156 SECTION 14.
