DEFAULT, BREACH AND ACCELERATION Sample Clauses

DEFAULT, BREACH AND ACCELERATION. To Borrower's knowledge, there is no material default, breach, violation or event of acceleration existing under the Mortgage or the Mortgage Note and no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a non-monetary default, breach, violation or event of acceleration.
Sample 1
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DEFAULT, BREACH AND ACCELERATION. There is no monetary default, breach, violation or event of acceleration existing under the related Pledged Eligible Asset or the related documents to such Pledged Eligible Asset and no event (other than a failure to make payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a monetary default, breach, violation or event of acceleration. In addition, to the best of the Borrower's knowledge there is no non-monetary default, breach, violation or event of acceleration. Schedule A APPROVED ASSETS Schedule A-1 60 Schedule B DISCLOSURE OF PROCEEDINGS PENDING AGAINST THE BORROWER, EVENTS CAUSING MATERIAL ADVERSE CHANGES AND CHANGES TO THE MANAGEMENT AGREEMENT None Schedule B-1 Exhibit A FORM OF SECURED NOTE Dated as of May 4, 1999 FOR VALUE RECEIVED, the undersigned, AMRESCO CAPITAL TRUST, a real estate investment trust organized under the laws of the State of Texas, AMREIT I, INC., a Delaware corporation, AMREIT II, INC., a Delaware corporation, ACT EQUITIES, INC., a Georgia corporation and ACT HOLDINGS, INC., a Georgia corporation, each having an address at 700 Xxxxx Xxxxx Xxxxxx, Xxxxx 0000, Xxxxxx, Xxxxx 00000 (xxdividually and collectively, the "Borrower"), jointly and severally, promise to pay to the order of PRUDENTIAL SECURITIES CREDIT CORP., a Delaware corporation, whose address is One Xxx Xxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 (xxe "Lender"), on or before each Maturity Date the amount then outstanding (including accrued interest at the rate(s) set forth in the Agreement) under that certain Amended and Restated Interim Warehouse and Security Agreement, dated as of May 4, 1999, between the Borrower and the Lender (as amended from time to time, the "Agreement"). Initially, the maximum principal amount which may be outstanding is $300,000,000 (subject to certain limitations as set forth therein). Capitalized terms used herein and not defined herein shall have their respective meanings as set forth in the Agreement. The holder of this Note is authorized to record the date and amount of each Advance and the date and amount of each repayment of principal thereof on the schedule to be maintained by the Lender (which schedule may be obtained upon the Borrower's request), and any such recordation shall constitute prima facie evidence of the accuracy of the amount so recorded; provided that the failure of the holder hereof to make such recordation (or any error in such rec...
Sample 1
DEFAULT, BREACH AND ACCELERATION. The Mortgage Loan is a Current Mortgage Loan, and has been a Current Mortgage Loan for the twelve (12) months preceding the date of this Agreement, and there is no default, breach, violation or event of acceleration existing under the related Mortgage or the related Mortgage Note and no event (other than payments due) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event of acceleration.
Sample 1
DEFAULT, BREACH AND ACCELERATION. Except as specified in paragraph (ee) below, there is no default, breach, violation or event of acceleration existing under the Mortgage or the Mortgage Note and no event (other than payments due but not yet delinquent) which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event of acceleration. The Seller has not waived any material default, breach, violation or event of acceleration of any of the foregoing, and, pursuant to the terms of the Mortgage Loan, the Mortgage or the Mortgage Note, no Person other than the holder of such Mortgage Note may declare an event of default or accelerate the indebtedness under any such Mortgage Loan, Mortgage or Mortgage Note. The mortgagor is not in default on any debt obligation owed or owing to the Seller;
Sample 1
DEFAULT, BREACH AND ACCELERATION. With respect to each Section 1.06 Loan, there is no monetary default, breach, violation or event of acceleration under the related Mortgage or note and no event (other than failure to make payments due but not yet delinquent) which, with the passage of time or notice and the expiration of any grace or cure period, would constitute a monetary default, breach, violation or event of accelaration and, to CRIIMI MAE's knowledge, there is no non-monetary default, breach, violation or event of acceleration existing under the related Mortgage or the related Note and no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event of acceleration thereunder. CRIIMI MAE has no knowledge that the related Borrower under any Mortgage Loan is a debtor in any state or federal bankruptcy or insolvency proceeding.
Sample 1

Related to DEFAULT, BREACH AND ACCELERATION

  • Default; Breach Lessor and Lessee agree that if an attorney is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs in the preparation and service of a notice of Default, and that Lessor may include the cost of such services and costs in said notice as rent due and payable to cure said default. A "Default" by Lessee is defined as a failure by Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "Breach" by Lessee is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth in Paragraphs 13.2 and/or 13.3:

  • DEFAULT AND ACCELERATION 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 on or prior to the date when due or if not paid on the Maturity Date or on the happening of any other Event of Default.

  • Events of Default and Acceleration If any of the following events (“Events of Default” or, if the giving of notice or the lapse of time or both is required, then, prior to such notice or lapse of time, “Defaults”) shall occur:

  • Default Breach Remedies Notwithstanding anything to the contrary contained in Paragraph 13.1 or elsewhere in the Lease:

  • Event of Default Defined; Acceleration of Maturity; Waiver of Default Event of Default" with respect to Securities of any series wherever used herein, means each one of the following events which shall have occurred and be continuing (whatever the reason for such Event of Default and whether it shall be voluntary or involuntary or be effected by operation of law or pursuant to any judgment, decree or order of any court or any order, rule or regulation of any administrative or governmental body):

  • Repayment on Event of Default When there is an Event of Default, Borrower will, if Bank demands (or, upon the occurrence of an Event of Default under Section 8.5, immediately without notice or demand from Bank) repay all of the Advances. The demand may, at Bank’s option, include the Advance for each Financed Receivable then outstanding and all accrued Finance Charges, the Early Termination Fee, Collateral Handling Fee, attorneys’ and professional fees, court costs and expenses, and any other Obligations.

  • Default; Acceleration (a) Any of the following shall constitute an “Event of Default” under this Note:

  • Acceleration Events Each of the following events shall constitute an “Acceleration Event”:

  • Events of Default; Acceleration If any of the following events ("Events of Default") shall occur:

  • No Event of Default, etc No condition or event has occurred or exists which constitutes or which, after notice or lapse of time or both, would constitute an Event of Default.

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