Common use of Compliance With Mortgage Loan Documents Clause in Contracts

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, to): (a) pay all principal, interest and reserve deposits required to be paid by Owner under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee or Borrower of any default by Owner or Operating Lessee in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee to be performed or observed and deliver to Lender a true copy of each such notice; and (d) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower shall cause Owner to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan.

Appears in 3 contracts

Samples: Mezzanine a Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.)

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Compliance With Mortgage Loan Documents. Borrower shall cause Mortgage Borrower to: (or shall cause Owner or Operating Lessee, as applicable, to): (ai) pay all principal, interest and reserve deposits other sums required to be paid by Owner Mortgage Borrower under and pursuant to the provisions of the Mortgage Loan Documents; (bii) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee Mortgage Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (ciii) promptly notify deliver to Lender of the giving a true and complete copy of any notice by Mortgage Lender to OwnerMortgage Borrower, Operating Lessee Borrower, or Borrower Guarantor of any default by Owner or Operating Lessee in the performance or observance of any of the terms, covenants or conditions of Mortgage Borrower under the Mortgage Loan Documents on and of any other material written correspondence (including electronically transmitted items) given or received by Mortgage Borrower or Guarantor to or from the part of Owner Mortgage Lender or Operating Lessee to be performed or observed and deliver to Lender a true copy of each such noticeits agents; and (div) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender. Without limiting after the foregoingdate hereof, agree to any modifications, consolidation, restatement, or waiver of any existing Mortgage Loan Documents, grant to Mortgage Lender any consent or waiver, or exercise any remedy available to Mortgage Borrower shall cause Owner to fund all reserves required to be funded pursuant to under the Mortgage Loan Documents or any right or election under the Mortgage Loan Documents. In , in each case without the event prior written approval of Lender; and (v) provide Lender with a refinancing copy of any amendment or modification of, or waiver or consent granted under, the Mortgage Loan permitted by the terms Documents within five (5) days after its receipt thereof. Any breach or attempted breach of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner to reduce the amount due and payable to the Mortgage Lender or alternatively Section 12.1(a) shall be remitted to Lender as a mandatory prepayment constitute an immediate Event of the LoanDefault hereunder.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (Strategic Storage Trust VI, Inc.), Mezzanine Loan Agreement (Strategic Storage Trust VI, Inc.), Mezzanine Loan Agreement (Strategic Storage Trust VI, Inc.)

Compliance With Mortgage Loan Documents. Borrower and Operating Lessee Owner shall (or shall cause Owner or Operating Lessee, as applicable, the Mortgage Loan Parties to): (a) pay all principal, interest and reserve deposits other sums required to be paid by Owner the Mortgage Loan Parties under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee the Mortgage Loan Parties to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to OwnerBorrower, Operating Lessee Owner or Borrower any of the Mortgage Loan Parties of any default by Owner or Operating Lessee any Mortgage Loan Party in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee the Mortgage Loan Parties to be performed or observed and deliver to Lender a true copy of each such notice; (d) deliver a true, correct and complete copy of all notices, demands, requests or material correspondence (including electronically transmitted items) given or received by any Mortgage Loan Party or Guarantor to or from Mortgage Lender or its agent; and (de) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower and Operating Lessee Owner shall cause Owner the Mortgage Loan Parties to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms of this Agreement, Borrower and Operating Lessee Owner will cause all reserves on deposit with Mortgage Lender to be utilized by Owner the Mortgage Loan Parties to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan. Mortgage Loan Defaults .

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Hersha Hospitality Trust)

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, Mortgage Borrower to): (a) pay all principal, interest and reserve deposits other sums required to be paid by Owner Mortgage Borrower under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee Mortgage Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee Mortgage Borrower or Borrower of any default by Owner or Operating Lessee Mortgage Borrower in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee Mortgage Borrower to be performed or observed and deliver to Lender a true copy of each such notice; (d) deliver a true, correct and complete copy of all notices, demands, requests or material correspondence (including electronically transmitted items) given or received by Mortgage Borrower or Guarantor to or from the Mortgage Lender or its agent; and (de) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender (it being acknowledged and agreed that all Mortgage Loan Documents entered into on the date hereof are approved by Lender). Without limiting the foregoing, Borrower shall cause Owner Mortgage Borrower to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner Mortgage Borrower to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, Mortgage Borrower to): ) (a) pay all principal, interest and reserve deposits other sums required to be paid by Owner Mortgage Borrower under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee Mortgage Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to OwnerMortgage Borrower, Operating Lessee Mortgage Loan Guarantor, Borrower or Borrower Guarantor of any default Mortgage Loan Event of Default by Owner or Operating Lessee Mortgage Borrower in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee Mortgage Borrower to be performed or observed and deliver to Lender a true copy of each such notice; and (d) deliver a 120 true, correct and complete copy of all notices, demands, requests or material correspondence (including electronically transmitted items) given or received by Mortgage Borrower, Mortgage Loan Guarantor or any Affiliate to or from the Mortgage Lender or its agent; (e) not amend. modify, terminate, enter into or be bound by any Mortgage Loan Documents Document that are is not approved by LenderLender in writing; and (f) deliver (or shall cause Mortgage Borrower to deliver) to Lender all of the financial statements, reports, certificates and related items delivered or required to be delivered by Mortgage Borrower to Mortgage Lender under the Mortgage Loan Documents as and when due under the Mortgage Loan Documents. Without limiting the foregoing, Borrower shall cause Owner Mortgage Borrower to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms of this Agreement, to the extent not applied by Mortgage Lender in accordance with the Mortgage Loan Documents, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner such Mortgage Borrower to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Plymouth Industrial REIT Inc.)

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Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, Mortgage Borrower to): (a) pay all principal, interest and reserve deposits other sums required to be paid by Owner Mortgage Borrower under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee any Mortgage Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by a Mortgage Lender to Owner, Operating Lessee or Mortgage Borrower of any default by Owner or Operating Lessee Mortgage Borrower in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee Mortgage Borrower to be performed or observed and deliver to Lender a true copy of each such notice; (d) deliver a true, correct and complete copy of all material notices, demands, requests or material correspondence (including electronically transmitted items) given or received by Mortgage Borrower or Guarantor to or from a Mortgage Lender or its agent; and (de) not enter into or be bound by any amendments to any Mortgage Loan Documents that are not approved by LenderLender or otherwise permitted hereunder, which approval shall not be unreasonably withheld or delayed. Without limiting the foregoing, Borrower shall cause Owner Mortgage Borrower to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the a Mortgage Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with the applicable Mortgage Lender to be utilized by Owner Mortgage Borrower to reduce the amount due and payable to the applicable Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan.

Appears in 1 contract

Samples: Management Agreement (Piedmont Office Realty Trust, Inc.)

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner or Operating Lessee, as applicable, Mortgage Borrower to): (a) pay all principal, interest and reserve deposits other sums required to be paid by Owner Mortgage Borrower under and pursuant to the provisions of the Mortgage Loan Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Mortgage Loan Documents on the part of Owner and Operating Lessee Mortgage Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (c) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner, Operating Lessee Mortgage Borrower or Borrower of any default by Owner or Operating Lessee Mortgage Borrower in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner or Operating Lessee Mortgage Borrower to be performed or observed and deliver to Lender a true copy of each such notice; (d) deliver a true, correct and complete copy of all notices, demands, requests or material correspondence (including electronically transmitted items) given or received by Mortgage Borrower or Guarantor to or from the Mortgage Lender or its agent; and (de) not enter into or be bound by any Mortgage Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower shall cause Owner Mortgage Borrower to fund all reserves required to be funded pursuant to the Mortgage Loan Documents. In the event of a refinancing of the Mortgage Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Mortgage Lender to be utilized by Owner Mortgage Borrower to reduce the amount due and payable to the Mortgage Lender or alternatively shall be remitted to Lender as a mandatory prepayment of the Loan.. 106

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (Clipper Realty Inc.)

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