Common use of DEFAULT AND ACCELERATION Clause in Contracts

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan Documents, (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Documents, (d) all sums advanced pursuant to the Security Instrument to protect and preserve the Property and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the “Debt”) shall without notice become immediately due and payable at the option of Lender if any payment required in this Note prior to the Maturity Date is not paid on the date when due or on the happening of any other default, after the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Documents (collectively, an “Event of Default”).

Appears in 2 contracts

Samples: Promissory Note (Secured Investment Resources Fund Lp Ii), Promissory Note (Secured Investment Resources Fund Lp Ii)

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DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan DocumentsOther Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (d) all sums advanced pursuant to the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required in this Note prior to the Maturity Date is not paid on or prior to the date when due or on the happening of any other default, after the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Other Security Documents (collectively, an "Event of Default").

Appears in 2 contracts

Samples: Open End Mortgage and Security Agreement (Associated Estates Realty Corp), Open End Mortgage and Security Agreement (Associated Estates Realty Corp)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan DocumentsOther Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (d) all sums advanced pursuant to the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required in this Note prior to the Maturity Date is not paid on or prior to the date when due or on the Maturity Date or on the happening of any other default, after the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Other Security Documents (collectively, an "Event of Default").

Appears in 1 contract

Samples: Promissory Note (Cedar Income Fund LTD /Md/)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interestinterest at the Default Rate, late charges and other sums, as provided in this Note, the Security Instrument Instruments (defined below) or the other Loan DocumentsOther Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument Instruments or the other Loan Other Security Documents, (d) all sums advanced pursuant to any of the Security Instrument Instruments to protect and preserve any of the Property Properties (defined below) and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required in this Note prior to is not paid when due or on the Maturity Date is not paid on the date when due or on the happening of any other default, after the expiration of any applicable notice and grace periods, if any, herein or under the terms of the Security Instrument Instruments or any of the other Loan Other Security Documents (collectively, an "Event of Default").

Appears in 1 contract

Samples: Promissory Note (Developers Diversified Realty Corp)

DEFAULT AND ACCELERATION. If any payment required in this Note is not paid (a) The prior to the fifth (5th) day after a Payment Date, (b) on the Maturity Date or (c) on the happening of any other default, after the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instruments (defined below) or any of the Other Security Documents (as defined in the Security Instruments) (collectively, an "Event of Default"), at the option of Lender (i) the whole of the principal sum of this Note, (bii) interestInterest, default interest, late charges and other sums, as provided in this Note, the Security Instrument Instruments or the other Loan Other Security Documents, (ciii) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument Instruments or the other Loan Other Security Documents, (div) all sums advanced pursuant to the Security Instrument Instruments to protect and preserve the Property Individual Properties (defined below) and the lien and the security interest created thereby, and (ev) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or of Lender (all the sums referred to in (ai) through (ev) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required in this Note prior to the Maturity Date is not paid on the date when due or on the happening of any other default, after the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Documents (collectively, an “Event of Default”)payable.

Appears in 1 contract

Samples: Promissory Note (Carey Institutional Properties Inc /Md/)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan DocumentsOther Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (d) all sums advanced pursuant to the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required in this Note is not paid prior to the Maturity Date is not paid on tenth (10th) day after the date when due or on the Maturity Date or on the happening of any other default, after the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Other Security Documents (collectively, an "Event of Default").

Appears in 1 contract

Samples: Promissory Note (United Investors Realty Trust)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan DocumentsOther Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (d) all sums advanced pursuant to the Security Instrument to protect and preserve the Property and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required in this Note is not paid prior to the Maturity Date is not paid on fifth (5th) day after the date when due or on the Maturity Date or on the happening of any other default, after the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Other Security Documents (collectively, an "Event of Default").

Appears in 1 contract

Samples: Loan Agreement (Sl Green Realty Corp)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan DocumentsOther Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (d) all sums advanced pursuant to the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required upon the occurrence of an Event of Default (as defined in the Security Instrument) under this Note prior to the Maturity Date is not paid on the date when due or on the happening of any other defaultNote, after the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Documents (collectively, an “Event of Default”)Other Security Documents.

Appears in 1 contract

Samples: Promissory Note (Felcor Lodging Trust Inc)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interestinterest at the Default Rate, late charges and other sums, as provided in this Note, the Security Instrument Instruments (defined below) or the other Loan Documents, Other Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument Instruments or the other Loan Other Security Documents, (d) all sums advanced pursuant to any of the Security Instrument Instruments to protect and preserve any of the Property Properties (defined below) and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required in this Note prior to is not paid when due or on the Maturity Date is not paid on the date when due or on the happening of any other default, after the expiration of any applicable notice and grace periods, if any, herein or under the terms of the Security Instrument Instruments or any of the other Loan Other Security Documents (collectively, an "Event of Default").

Appears in 1 contract

Samples: Promissory Note (Developers Diversified Realty Corp)

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DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest, late charges and other sums, as provided in this Note, the Security Instrument (defined below) or the other Loan DocumentsOther Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (d) all sums advanced pursuant to the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required in this Note prior to the Maturity Date (monetary default) is not paid on or prior to the tenth (10th) day after the date when any monthly payment is due or on the Maturity Date or, on the happening of any other default (non-monetary default), after the expiration of any applicable notice and applicable grace periods, periods herein or under the terms of the Security Instrument or any of the other Loan Other Security Documents (collectively, an "Event of Default").

Appears in 1 contract

Samples: Credit Agreement (TRANS LUX Corp)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan DocumentsOther Security Documents (hereinafter defined), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (d) all sums advanced pursuant to the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the “Debt”) shall without notice become immediately due and payable at the option of Lender if any payment required in this Note prior to is not paid within five (5) days of the date the same is due or on the Maturity Date is not paid on the date when due or on the happening of any other default, after the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Other Security Documents (collectively, an “Event of Default”).

Appears in 1 contract

Samples: Promissory Note (Dividend Capital Total Realty Trust Inc.)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interestinterest at the Default Rate, late charges and other sums, as provided in this Note, the Security Instrument Instruments (defined below) or the other Loan DocumentsOther Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument Instruments or the other Loan Other Security Documents, (d) all sums advanced pursuant to any of the Security Instrument Instruments to protect and preserve any of the Property Properties (defined below) and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender Under in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required in this Note prior to is not paid when due or on the Maturity Date is not paid on the date when due or on the happening of any other default, after the expiration of any applicable notice and grace periods, if any, herein or under the terms of the Security Instrument Instruments or any of the other Loan Other Security Documents (collectively, an "Event of Default”Default ").

Appears in 1 contract

Samples: Promissory Note (Developers Diversified Realty Corp)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this NoteNote and the Other Note (defined below), (b) interest, default interest, late charges and other sums, as provided in this Note, the Other Note, the Security Instrument or the other Loan DocumentsOther Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Other Note, the Security Instrument or the other Loan Other Security Documents, (d) all sums advanced pursuant to the provisions of the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Other Note, the Security Instrument or the Other Security Documents in connection with the Debt (defined below) or any part thereof, any renewal, extension, extension or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the “Debt”) shall without notice become immediately due and payable at the option of Lender if (i) any payment required in this Note prior to or the Maturity Date Other Note is not paid on or before the date when due the same is due, or on the happening of (ii) Borrower commits any other default, after and fails to cure same prior to the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Other Security Documents (collectively, an “Event of Default”).

Appears in 1 contract

Samples: Substitute Note (American Assets Trust, Inc.)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan Documents, (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Documents, (d) all sums advanced pursuant to the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all sums advanced and costs and expenses incurred by Lender in connection with the Debt (defined below) or any part thereof, any renewal, extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required in this Note prior to the Maturity Date is not paid on the date when due or on the happening of any other default, after prior to the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Documents (collectively, an "Event of Default"). For the purposes of this Note, provided Borrower is paying a specific amount due under the Loan Documents by direct electronic transfer, Borrower shall be entitled to receive five (5) days written notice of non-payment default as it concerns that specific payment.

Appears in 1 contract

Samples: Assumption and Release Agreement (Blue Ridge Real Estate Co)

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