Common use of Compliance with Senior Loan Documents Clause in Contracts

Compliance with Senior Loan Documents. Borrower shall (or shall cause Owner to): (a) pay all principal, interest and other sums required to be paid by Owner under and pursuant to the provisions of the Senior Loan Documents (subject to any grace periods provided therein); (b) diligently perform and observe all of the terms, covenants and conditions of the Senior Loan Documents on the part of Owner to be performed and observed, unless such performance or observance shall be waived in writing by Senior Lender; (c) promptly notify Lender of the giving of any notice by Senior 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 Senior Loan Documents on the part of Owner 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 Owner to or from the Senior Lender or its agent; and (e) not enter into or be bound by any Senior 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 Senior Loan Documents. In the event of a refinancing of the Senior Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Senior Lender to be utilized by Owner to be applied to any new reserves required by the new senior lender.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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Compliance with Senior Loan Documents. Borrower shall (or shall cause Owner to): (a) pay all principal, interest and other sums required to be paid by Owner under and pursuant to the provisions of the Senior Loan Documents (subject to any grace periods provided therein)Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Senior Loan Documents on the part of Owner to be performed and observed, unless such performance or observance shall be waived in writing by Senior Lender; (c) promptly notify Lender of the giving of any notice by Senior 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 Senior Loan Documents on the part of Owner 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 Owner or Guarantor to or from the Senior Lender or its agent; and (e) not enter into or be bound by any Senior Loan Documents from and after the date hereof, 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 Senior Loan Documents. In the event of a refinancing of the Senior Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Senior Lender to be utilized by Owner to reduce the amount due and payable to the Senior Lender or alternatively shall be applied remitted to any new reserves required by Lender as a mandatory prepayment of the new senior lenderLoan.

Appears in 2 contracts

Samples: Senior Mezzanine Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties Inc)

Compliance with Senior Loan Documents. Borrower shall (or shall cause Owner to): (a) pay all principal, interest and other sums required to be paid by Owner under and pursuant to the provisions of the Senior Loan Documents (subject to any grace periods provided therein)Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Senior Loan Documents on the part of Owner to be performed and observed, unless such performance or observance shall be waived in writing by Senior Lender; (c) promptly notify Lender of the giving of any notice by Senior 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 Senior Loan Documents on the part of Owner 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 Owner or Guarantor to or from the Senior Lender or its agent; and (e) not enter into or be bound by any Senior Loan Documents that are not approved by LenderLender (except for amendments which Borrower is required to execute in accordance with the Senior Loan Documents. Without limiting the foregoing, Borrower shall cause Owner to fund all reserves required to be funded pursuant to the Senior Loan Documents. In the event of a refinancing of the Senior Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Senior Lender to be utilized by Owner to reduce the amount due and payable to the Senior Lender or alternatively shall be applied remitted to any new reserves required by Lender as a mandatory prepayment of the new senior lenderLoan.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (OVERSTOCK.COM, Inc)

Compliance with Senior Loan Documents. Borrower shall (or shall cause Owner to): (a) pay all principal, interest and other sums required to be paid by Owner under and pursuant to the provisions of the Senior Loan Documents (subject to any grace periods provided therein)Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Senior Loan Documents on the part of Owner to be performed and observed, unless such performance or observance shall be waived in writing by Senior Lender; (c) promptly notify Lender of the giving of any notice by Senior 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 Senior Loan Documents on the part of Owner 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 Owner or Guarantors to or from the Senior Lender or its agent; and (e) not enter into or be bound by any Senior Loan Documents that are not approved by Lender if Lender’s approval is required pursuant to Section 11.4 hereof. Without limiting the foregoing, Borrower shall cause Owner to fund all reserves required to be funded pursuant to the Senior Loan Documents. In the event of a refinancing of the Senior Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Senior Lender to be utilized by Owner to reduce the amount due and payable to the Senior Lender or alternatively shall be applied remitted to any new reserves required by Lender as a mandatory prepayment of the new senior lenderLoan.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (New York REIT, Inc.)

Compliance with Senior Loan Documents. Borrower shall (or shall cause Owner Senior Borrower to): (a) pay all principal, interest and other sums required to be paid by Owner Senior Borrower under and pursuant to the provisions of the Senior Loan Documents (subject to any grace periods provided therein)Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Senior Loan Documents on the part of Owner Senior Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Senior Lender; (c) promptly notify Lender of the giving of any notice by Senior Lender to Owner Senior Borrower or Borrower of any default by Owner Senior Borrower in the performance or observance of any of the terms, covenants or conditions of the Senior Loan Documents on the part of Owner Senior 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 Owner Senior Borrower or Guarantor to or from the Senior Lender or its agent; and (e) not enter into or be bound by any Senior Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower shall cause Owner Senior Borrower to fund all reserves required to be funded pursuant to the Senior Loan Documents. In the event of a refinancing of the Senior Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Senior Lender to be utilized by Owner Senior Borrower to reduce the amount due and payable to the Senior Lender or alternatively shall be applied remitted to any new reserves required by Lender as a mandatory prepayment of the new senior lenderLoan.

Appears in 1 contract

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

Compliance with Senior Loan Documents. Borrower shall (or shall cause Owner to): (a) pay all principal, interest and other sums required to be paid by Owner under and pursuant to the provisions of the Senior Loan Documents (subject to any grace periods provided therein)Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Senior Loan Documents on the part of Owner to be performed and observed, unless such performance or observance shall be waived in writing by Senior Lender; (c) promptly notify Lender of the giving of any notice by Senior 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 Senior Loan Documents on the part of Owner 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 Owner or Guarantor to or from the Senior Lender or its agent; and (e) not enter into or be bound by any Senior 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 Senior Loan Documents. In the event of a refinancing of the Senior Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Senior Lender to be utilized by Owner to reduce the amount due and payable to the Senior Lender or alternatively shall be applied remitted to any new reserves required by Lender as a mandatory prepayment of the new senior lenderLoan.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Morgans Hotel Group Co.)

Compliance with Senior Loan Documents. Borrower shall (a) Borrowers shall, or shall cause Owner to): Owners to (ai) pay all principal, interest and other sums required to be paid by Owner Owners under and pursuant to the provisions of the Senior Loan Documents (subject to any grace periods provided therein)403 Documents; (bii) diligently perform perform, observe and observe comply with all of the terms, provisions, covenants and conditions obligations of Owners under all of the Senior Loan Documents on as and when required under the part of Owner to be performed and observedSenior Loan Documents, unless such performance or observance shall be waived in writing by Senior Lender; . (cb) promptly notify Lender of the giving of any notice by Senior 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 Senior Loan Documents on the part of Owner 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 Owner to or from the Senior Lender or its agent; and (e) not enter into or be bound by any Senior Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower Borrowers shall cause Owner Owners to fund all reserves required to be funded pursuant to the Senior Loan Documents. In the event of a refinancing of the Senior Loan permitted by the terms of this Agreement, Borrower Borrowers will cause all reserves on deposit with Senior Lender to be utilized by Owners to reduce the amount due and payable to Mezzanine Lender or alternatively shall be remitted to Mezzanine Lender as a mandatory prepayment of the Mezzanine Loan. (c) Promptly (and, in any event, no later than one Business Day) after receipt, Borrowers will deliver to Mezzanine Lender a true, correct and complete copy of all notices, demands, requests or material correspondence (including electronically transmitted items) received from Senior Lender by Owner or any guarantor under the Senior Loan Documents. (d) Unless otherwise delivered to Mezzanine Lender pursuant to the provisions of SECTION 4.1.6, Borrowers will deliver (or cause Owners to deliver) to Mezzanine Lender all of the financial statements, reports, certificates and related items delivered or required to be applied delivered by Owners to any new reserves required by Senior Lender under the new senior lenderSenior Loan Documents as and when due under the Senior Loan Documents.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Horizon Group Properties Inc)

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Compliance with Senior Loan Documents. Borrower shall (or shall cause Owner to): to timely: (a) pay all principal, interest and other sums required to be paid by Owner under and pursuant to the provisions of the Senior Loan Documents (subject to any grace periods provided therein)Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Senior Loan Documents on the part of Owner to be performed and observed, unless such performance or observance shall be waived in writing by Senior Lender; (c) promptly notify Lender of the giving of any notice by Senior 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 Senior Loan Documents on the part of Owner 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 Owner or Guarantor to or from the Senior Lender or its agent; and (e) not enter into or be bound by any Senior Loan Documents or agree to any modifications of any existing Senior Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower shall cause Owner to timely fund all reserves required to be funded pursuant to the Senior Loan Documents. In the event of a refinancing of the Senior Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Senior Lender to be utilized by Owner to reduce the amount due and payable to the Senior Lender or alternatively shall be applied remitted to any new reserves required by Lender as a mandatory prepayment of the new senior lenderLoan.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Compliance with Senior Loan Documents. Borrower shall (or shall cause Owner Senior Borrower to): (a) pay all principal, interest and other sums required to be paid by Owner Senior Borrower under and pursuant to the provisions of the Senior Loan Documents (subject to any grace periods provided therein)Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Senior Loan Documents on the part of Owner Senior Borrower to be performed and observed, unless such performance or observance shall be waived in writing by Senior Lender; (c) promptly notify Lender of the giving of any notice by Senior Lender to Owner Senior Borrower or Borrower of any default by Owner Senior Borrower in the performance or observance of any of the terms, covenants or conditions of the Senior Loan Documents on the part of Owner Senior 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 Owner Senior Borrower or Guarantor to or from the Senior Lender or its agent; and (e) not enter into or be bound by any Senior Loan Documents that are not approved by Lender. Without limiting the foregoing, Borrower shall cause Owner Senior Borrower to fund all reserves required to be funded pursuant to the Senior Loan Documents. In the event of a refinancing of the Senior Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with Senior Lender to be utilized by Owner Senior Borrower 105 Mezzanine Loan Agreement to reduce the amount due and payable to the Senior Lender or alternatively shall be applied remitted to any new reserves required by Lender as a mandatory prepayment of the new senior lenderLoan.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Compliance with Senior Loan Documents. Borrower shall (or shall cause Owner Senior Borrowers to): (a) pay all principal, interest and other sums required to be paid by Owner Senior Borrowers under and pursuant to the provisions of the Senior Loan Documents (subject to any grace periods provided therein)Documents; (b) diligently perform and observe all of the terms, covenants and conditions of the Senior Loan Documents on the part of Owner Senior Borrowers to be performed and observed, unless such performance or observance shall be waived in writing by Senior Lender; (c) promptly notify Lender of the giving of any notice by a Senior Lender to Owner a Senior Borrower or Borrower of any default by Owner such Senior Borrower in the performance or observance of any of the terms, covenants or conditions of the Senior Loan Documents on the part of Owner Senior Borrowers 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 Owner or Guarantor to or from the Senior Lender or its agent; and (e) not enter into or be bound by any Senior 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 Senior Loan Documents. In the event of a refinancing of the Senior Loan permitted by the terms of this Agreement, Borrower will cause all reserves on deposit with any Senior Lender to be utilized by Owner the applicable Senior Borrowers to reduce the amount due and payable to the Senior Lender or alternatively shall be applied remitted to any new reserves required by Lender as a mandatory prepayment of the new senior lenderLoan.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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