Common use of Compliance With Mortgage Loan Documents Clause in Contracts

Compliance With Mortgage Loan Documents. Borrower shall (or shall cause Owner 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 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 or Borrower of any default by Owner in the performance or observance of any of the terms, covenants or conditions of the Mortgage Loan Documents on the part of Owner 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 2 contracts

Samples: Mezzanine Loan Agreement (W2007 Grace Acquisition I Inc), Mezzanine Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

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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 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.. -183- Mezzanine B Loan Agreement

Appears in 1 contract

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

Compliance With Mortgage Loan Documents. Borrower shall (shall, or shall cause Owner Mortgage Borrower to): : (a) pay all principal, interest and reserve deposits other sums required to be paid by Owner Borrower or 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 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 the Mortgage Lender to Owner Mortgage Borrower or Borrower of any default by Owner 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 Mortgage Borrower to be performed or observed and deliver to Lender a true copy of each such notice, together with any other consents, notices, requests or other written correspondence between Mortgage Borrower and Mortgage Lender; 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 1 contract

Samples: Loan Agreement (Wyndham International Inc)

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Compliance With Mortgage Loan Documents. Borrower shall (shall, or shall cause Owner Mortgage Borrower 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 any Mortgage Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Mortgage Lender; (ciii) promptly notify Lender of the giving of any notice by Mortgage Lender to Owner or Mortgage Borrower of any default by Owner 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 Mortgage Borrower to be performed or observed and deliver to Lender a true copy of each such noticenotice (including electronically transmitted items); and (div) not enter into deliver a true, correct and complete copy of all material notices, demands, requests or be bound material correspondence (including electronically transmitted items) given or received by any Mortgage Loan Documents that are not approved by LenderBorrower or Guarantor to or from Mortgage Lender or its agent. 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 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.)

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