Common use of Data Delivery Failure Clause in Contracts

Data Delivery Failure. If a Data Delivery Failure occurs, Borrower shall pay Lender, without demand, the applicable Data Delivery Failure Fee on the first Business Day following each occurrence of a Data Delivery Failure. If a Data Delivery Failure occurs on more than two (2) separate occasions during any twelve month period or on more than five (5) occasions while the Loan is outstanding, it shall be an immediate Event of Default hereunder. The collection of the Data Delivery Failure Fee shall be in addition to Lender's other rights and remedies under the Loan Documents and, until paid, shall be deemed added to the Debt, secured by the Security Instrument and shall bear interest at the Default Rate.

Appears in 2 contracts

Samples: Loan Agreement (Macquarie Infrastructure CO LLC), Loan Agreement (Macquarie Infrastructure Assets Trust)

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Data Delivery Failure. If a Data Delivery Failure occurs, Borrower shall pay Lender, without demand, the applicable Data Delivery Failure Fee on the first Business Day following each occurrence of a Data Delivery Failure. If a Data Delivery Failure occurs on more than two (2) separate occasions during any twelve (12) month period or on more than five (5) separate occasions while the Loan is outstanding, it shall be an immediate Event of Default hereunderDefault. The collection of the Data Delivery Failure Fee shall be in addition to Lender's other rights and remedies under the Loan Documents and, until paid, shall be deemed added to the Debt, secured by the Security Instrument and shall bear interest at the Default Rate.

Appears in 1 contract

Samples: Loan Agreement (Capital Senior Living Corp)

Data Delivery Failure. If a Data Delivery Failure occurs, Borrower shall pay Lender, without demand, the applicable Data Delivery Failure Fee on the first Business Day following each occurrence of a Data Delivery Failure. If a Data Delivery Failure occurs on more than two (2) separate occasions during any twelve (12) month period or on more than five (5) separate occasions while the Loan is outstanding, it shall be an immediate Event of Default hereunderDefault. The collection of the Data Delivery Failure Fee shall be in addition to Lender's ’s other rights and remedies under the Loan Documents and, until paid, shall be deemed added to the Debt, secured by the Security Instrument and shall bear interest at the Default Rate.

Appears in 1 contract

Samples: Loan Agreement (Angeles Income Properties LTD Ii)

Data Delivery Failure. If a Data Delivery Failure occurs, Borrower shall pay Lender, without demand, the applicable Data Delivery Failure Fee on the first Business Day following each occurrence of a Data Delivery Failure. If a Data Delivery Failure occurs on more than two (2) separate occasions during any twelve month period or on more than five (5) occasions while the Loan is outstanding, it shall be an immediate Event of Default hereunderDefault. The collection of the Data Delivery Failure Fee shall be in addition to Lender's other rights and remedies under the Loan Documents and, until paid, shall be deemed added to the Debt, secured by the Security Instrument and shall bear interest at the Default Rate.

Appears in 1 contract

Samples: Loan Agreement (Consolidated Capital Properties Iv)

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Data Delivery Failure. If a Data Delivery Failure occurs, Borrower shall pay Lender, without demand, the applicable Data Delivery Failure Fee on the first Business Day following each occurrence of a Data Delivery Failure. If a Data Delivery Failure occurs on more than two (2) separate occasions during any twelve month period or on more than five (5) occasions while the Loan is outstanding, it shall be an immediate Event of Default hereunder. The collection of the Data Delivery Failure Fee shall be in addition to Lender's ’s other rights and remedies under the Loan Documents and, until paid, shall be deemed added to the Debt, secured by the Security Instrument and shall bear interest at the Default Rate.

Appears in 1 contract

Samples: Loan Agreement (Macquarie Infrastructure CO LLC)

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