Common use of Changes in the Laws Regarding Taxation Clause in Contracts

Changes in the Laws Regarding Taxation. If any law is amended, enacted or adopted after the date of this Mortgage which deducts the Indebtedness from the value of the Property for the purpose of taxation or which imposes a tax, either directly or indirectly, on the Indebtedness of Lender's interest in the Property, Borrower will pay such tax, with interest and penalties thereon, if any. In the event Lender is advised by counsel chosen by it that the payment of such tax or interest and penalties by Borrower would be unlawful or taxable to Lender or unenforceable or provide the basis for a defense of usury, then in any such event, Lender shall have the option, by written notice of not less than forty-five (45) days, to declare the Indebtedness immediately due and payable.

Appears in 5 contracts

Samples: Mortgage, Security Agreement and Fixture (NNN Healthcare/Office REIT, Inc.), Mortgage, Security Agreement and Fixture (NNN Healthcare/Office REIT, Inc.), NNN Healthcare/Office REIT, Inc.

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Changes in the Laws Regarding Taxation. If any law is amended, enacted or adopted after the date of this Mortgage Deed of Trust which deducts the Indebtedness from the value of the Property for the purpose of taxation or which imposes a tax, either directly or indirectly, on the Indebtedness of Lender's Beneficiary’s interest in the Property, Borrower Grantor will pay such tax, with interest and penalties thereon, if any. In the event Lender Beneficiary is advised by counsel chosen by it that the payment of such tax or interest and penalties by Borrower Grantor would be unlawful or taxable to Lender Beneficiary or unenforceable or provide the basis for a defense of usury, then in any such event, Lender Beneficiary shall have the option, by written notice of not less than forty-five (45) days, to declare the Indebtedness immediately due and payable.

Appears in 3 contracts

Samples: Management Agreement (NNN Healthcare/Office REIT, Inc.), Maguire Properties Inc, KBS Strategic Opportunity REIT, Inc.

Changes in the Laws Regarding Taxation. If any law is amendedenacted, enacted adopted or adopted amended after the date of this Mortgage Agreement which deducts the Indebtedness Debt from the value of the Mortgaged Property for the purpose of taxation taxation, or which imposes a tax, either directly or indirectly, on the Indebtedness of Debt or Lender's interest in the Mortgaged Property, Borrower will pay such tax, with interest and penalties thereon, if any. In the event Lender is advised by or its counsel chosen by it determines that the payment of such tax or interest and penalties by Borrower would be unlawful or taxable to Lender or unenforceable or provide the basis for a defense of usury, then in any such event, Lender shall have the option, by written notice of not less than forty-five (45) 90 days, to declare the Indebtedness Debt immediately due and payable.

Appears in 2 contracts

Samples: Loan Agreement (Nexthealth Inc), Management Agreement (Insignia Financial Group Inc /De/)

Changes in the Laws Regarding Taxation. If any law is amendedenacted, enacted adopted or adopted amended after the date of this Mortgage Agreement which deducts the Indebtedness Debt from the value of the Mortgaged Property for the purpose of taxation taxation, or which imposes a tax, either directly or indirectly, on the Indebtedness of Debt or Lender's interest in the Mortgaged Property, Borrower Owner will pay such tax, with interest and penalties thereon, if any. In the event Lender is advised by or its counsel chosen by it determines that the payment of such tax or interest and penalties by Borrower Owner would be unlawful or taxable to Lender or unenforceable or provide the basis for a defense of usury, then in any such event, Lender shall have the option, by written notice of not less than forty-five (45) 180 days, to declare the Indebtedness Debt immediately due and payable, which prepayment shall not include Default Consideration (as defined in the Note).

Appears in 1 contract

Samples: Loan Agreement (Lodgian Inc)

Changes in the Laws Regarding Taxation. If any law is amendedenacted, enacted adopted or adopted amended after the date of this Mortgage Agreement which deducts the Indebtedness Debt from the value of the Mortgaged Property for the purpose of taxation taxation, or which imposes a tax, either directly or indirectly, on the Indebtedness of Debt or Lender's interest in the Mortgaged Property, Borrower will pay such tax, with interest and penalties thereon, if any. In the event Lender is advised by or its counsel chosen by it determines in good faith that the payment of such tax or interest and penalties by Borrower would be unlawful or taxable to Lender or unenforceable or provide the basis for a defense of usury, then in any such event, Lender shall have the option, by written notice of not less than forty-five (45) 90 days, to declare the Indebtedness Debt immediately due and payable.

Appears in 1 contract

Samples: Loan Agreement (Lodgian Inc)

Changes in the Laws Regarding Taxation. If any law is amendedenacted, enacted adopted or adopted amended after the date of this Mortgage Deed which deducts the Indebtedness Debt from the value of the Property for the purpose of taxation or which imposes a taxtax (other than income taxes), either directly or indirectly, on the Indebtedness of Debt or Lender's ’s interest in the Property, Borrower will pay such tax, with interest and penalties thereon, if any. In the event Lender is advised by or its counsel chosen by it reasonably determines that the payment of such tax or interest and penalties by Borrower would be unlawful or taxable to Lender or unenforceable or provide the basis for a defense of usury, then in any such event, Lender shall have the option, by written notice of not less than forty-five one hundred eighty (45180) daysdays and provided that neither Borrower nor its counsel proposes any alternative solution reasonably acceptable to Lender, to declare the Indebtedness Debt immediately due and payable.

Appears in 1 contract

Samples: Profits and Security Agreement (Wyndham International Inc)

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Changes in the Laws Regarding Taxation. If any law is amended, enacted or adopted after the date of this Mortgage Deed of Trust which deducts the Indebtedness from the value of the Property for the purpose of taxation or which imposes a tax, either directly or indirectly, on the Indebtedness of LenderBeneficiary's interest in the Property, Borrower Grantor will pay such tax, with interest and penalties thereon, if any. In the event Lender Beneficiary is advised by counsel chosen by it that the payment of such tax or interest and penalties by Borrower Grantor would be unlawful or taxable to Lender Beneficiary or unenforceable or provide the basis for a defense of usury, then in any such event, Lender Beneficiary shall have the option, by written notice of not less than forty-five (45) days, to declare the Indebtedness immediately due and payable.

Appears in 1 contract

Samples: NNN 2003 Value Fund LLC

Changes in the Laws Regarding Taxation. If any law is amended, enacted or adopted after the date of this Mortgage which deducts the Indebtedness from the value of the Property for the purpose of taxation or which imposes a tax, either directly or indirectly, on the Indebtedness of Lender's interest in the Property, Borrower will pay such tax, with interest and penalties thereon, if any. In the event Lender is advised by counsel chosen by it that the payment of such tax or interest and penalties by Borrower would be unlawful or taxable to Lender or unenforceable or provide the basis for a defense of usury, then in any such event, Lender shall have the option, by written notice of not less than forty-five ninety (4590) days, to declare the Indebtedness immediately due and payable, but without the imposition of a Prepayment Fee, as such term is defined in the Note.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Equity Lifestyle Properties Inc)

Changes in the Laws Regarding Taxation. If any law is amended, enacted or adopted after the date of this Mortgage which deducts the Indebtedness from the value of the Property for the purpose of taxation or which imposes a tax, either directly or indirectly, on the Indebtedness of Lender's ’s interest in the Property, Borrower will pay such tax, with interest and penalties thereon, if any. In the event Lender is advised by counsel chosen by it that the payment of such tax or interest and penalties by Borrower would be unlawful or taxable to Lender or unenforceable or provide the basis for a defense of usury, then in any such event, Lender shall have the option, by written notice of not less than forty-five (45) days, to declare the Indebtedness immediately due and payable.

Appears in 1 contract

Samples: Mortgage, Security Agreement and Fixture Filing (NNN Healthcare/Office REIT, Inc.)

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