Common use of Default in Performance Clause in Contracts

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IX.; or

Appears in 27 contracts

Samples: Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust), Credit Agreement (Service Properties Trust)

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Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 9.1, Section 9.2, Section 9.3 or Article IX.X; or

Appears in 14 contracts

Samples: Credit Agreement (Hudson Pacific Properties, L.P.), Credit Agreement (Equity One, Inc.), Loan Agreement (Equity One, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.4.(i) or Article IX.; or

Appears in 8 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1. (solely with respect to the existence of the Borrower), Section 9.4.(j) or Article IXX. (excluding Section 10.8.); or

Appears in 6 contracts

Samples: Term Loan Agreement (Realty Income Corp), Credit Agreement (Realty Income Corp), Credit Agreement (Realty Income Corp)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition covenant or agreement on its part to be performed or observed and contained in Section 8.4.(h7.1.(i) (solely with respect to the existence of the Borrower) or Article IX. (other than Section 9.7. or Section 9.9.); or

Appears in 6 contracts

Samples: Credit Agreement (Elme Communities), Credit Agreement (Washington Real Estate Investment Trust), Term Loan Agreement (Washington Real Estate Investment Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Article IV, Section 8.4.(h8.1 (with respect to the existence of any Loan Party), Section 8.8, Section 8.12., Section 8.14., Section 8.15., Section 9.4(h) or Article IX.X.; or

Appears in 6 contracts

Samples: Credit Agreement (NETSTREIT Corp.), Credit Agreement (Four Springs Capital Trust), Credit Agreement (NETSTREIT Corp.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h9.4.(l) or Article IX.X.; or

Appears in 5 contracts

Samples: Term Loan Agreement (RLJ Lodging Trust), Term Loan Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last sentence of Section 8.4.(h) 8.8.(a), Section 8.8.(b), Section 9.4.(h), or Article IX.X.; or

Appears in 4 contracts

Samples: Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(hSections 7.1 (with respect to the existence of the Borrower or any other Loan Party), 8.4(i) (with respect to notice of the occurrence of a Default or Event of Default), 8.4.(k) or Article IX.; or

Appears in 4 contracts

Samples: Term Loan Agreement (Federal Realty OP LP), Credit Agreement (Federal Realty OP LP), Term Loan Agreement (Federal Realty Investment Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1.(i) (with respect to the Borrower and the Parent Guarantor), Section 8.8.(b), Section 9.4.(l) or Article IX.; orX.;

Appears in 4 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Term Loan Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1 (solely with respect to the existence of the Borrower), Section 9.4(j) or Article IX.X (excluding Section 10.8); or

Appears in 4 contracts

Samples: Term Loan Agreement (Spirit Realty Capital, Inc.), Term Loan Agreement (Spirit Realty Capital, Inc.), Term Loan Agreement (Realty Income Corp)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 9.4.(j), 10.2., 10.4. or Article IX10.9.; or

Appears in 4 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Corp)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) Article VIII. or Article IX.; or

Appears in 3 contracts

Samples: Credit Agreement (United Dominion Realty L P), Credit Agreement (United Dominion Realty L P), Credit Agreement (Maui Land & Pineapple Co Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement covenant on its part to be performed or observed and contained in Section 8.4.(h) or Article IX.; or

Appears in 3 contracts

Samples: Credit Agreement (General Growth Properties, Inc.), Credit Agreement (General Growth Properties, Inc.), Credit Agreement (General Growth Properties, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) Sections 7.7., 7.12. or 7.14., Article VIII. or Article IX.; or

Appears in 3 contracts

Samples: Term Loan Agreement (Parkway Properties Inc), Credit Agreement (Parkway Properties Inc), Credit Agreement (Parkway Properties Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 8.1 (solely with respect to the existence of any Loan Party), Section 8.8, Article IX or Article IX.X; or

Appears in 3 contracts

Samples: Credit Agreement (Tier Reit Inc), Credit Agreement (Tier Reit Inc), Credit Agreement (Tier Reit Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in the last two sentences of Section 8.4.(h) 8.8., Section 9.4.(h), or Article IX.X. (other than Section 10.1.(e)); or

Appears in 3 contracts

Samples: Term Loan Agreement (DiamondRock Hospitality Co), Credit Agreement (DiamondRock Hospitality Co), Term Loan Agreement (DiamondRock Hospitality Co)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition covenant or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IX. (other than Section 9.7. or Section 9.9.); or

Appears in 3 contracts

Samples: Amended And (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust), Designation Agreement (Washington Real Estate Investment Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) Article IX or Article IX.X (other than Section 10.5, Section 10.9, Section 10.10 or 10.12); or

Appears in 3 contracts

Samples: Term Loan Agreement (Spirit Realty Capital, Inc.), Term Loan Agreement (Spirit Realty Capital, Inc.), Revolving Credit and Term Loan Agreement (Spirit Realty, L.P.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1(i) (with respect to the Borrower and the Parent Guarantor), Section 8.8(b), Section 9.4(l) or Article IX.; orX;

Appears in 3 contracts

Samples: Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust), Credit Agreement (RLJ Lodging Trust)

Default in Performance. (i) Any Loan Party shall (A) fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h9.4(l) or Article IX.X or (B) fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Article IX (other than as referenced above) within ten (10) days of the date on which such term, covenant, condition or agreement was to have been performed or observed; or

Appears in 3 contracts

Samples: Revolving Credit Agreement (Ps Business Parks, Inc./Md), Revolving Credit Agreement (Ps Business Parks Inc/Ca), Revolving Credit Agreement (Ps Business Parks Inc/Ca)

Default in Performance. (i) Any Loan Party or the Parent shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 8.1., Section 8.8., Section 8.12., Section 9.4.(g)(i), or Article IX.X; or

Appears in 3 contracts

Samples: Term Loan Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1., 8.2., 8.3., or 8.4.(g) or Article IX.; or

Appears in 3 contracts

Samples: And Consolidated Credit Agreement (Chambers Street Properties), Term Loan Agreement (Chambers Street Properties), Credit Agreement (Chambers Street Properties)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 7.8., Section 8.4.(i), Section 9.1., any of Sections 9.4 through Section 9.9. or Article IX.Section 9.12; or

Appears in 3 contracts

Samples: And Consolidated Credit Agreement (Equity Lifestyle Properties Inc), Term Loan Agreement (Equity Lifestyle Properties Inc), Credit Agreement (Equity Lifestyle Properties Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1.(i) (with respect to any Loan Party or any Eligible Property Subsidiary), Section 8.8.(b), Section 8.12. (with respect to the Parent), Section 8.16. Section 9.4.(j) or Article IX.; orX.;

Appears in 3 contracts

Samples: Credit Agreement (Park Hotels & Resorts Inc.), Assignment and Assumption Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IX.X; or

Appears in 3 contracts

Samples: Credit Agreement (American Realty Capital Properties, Inc.), Credit Agreement (CapLease, Inc.), Option and Subordination Agreement (CapLease, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 2.7(b), 7.14, 7.15 or 8.4.(h) or Article IX.; or

Appears in 3 contracts

Samples: Signature (Diversified Healthcare Trust), Credit Agreement (Diversified Healthcare Trust), Signature (Diversified Healthcare Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1.(i) (with respect to any Loan Party or any Eligible Property Subsidiary), Section 8.8.(b), Section 8.12. (with respect to the Parent), Section 8.14.(b)(ii), Section 8.14.(c)(ii), Section 8.16., Section 9.4.(j) or Article IX.; orX.;

Appears in 3 contracts

Samples: Credit Agreement (Park Hotels & Resorts Inc.), Loan Agreement (Park Hotels & Resorts Inc.), Credit Agreement (Park Hotels & Resorts Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition covenant or agreement on its part to be performed or observed and contained in Section 8.4.(h) Sections 8.8. or Article IXX. (other than Section 10.7.); or

Appears in 3 contracts

Samples: Credit Agreement (Washington Real Estate Investment Trust), Term Loan Agreement (Washington Real Estate Investment Trust), Credit Agreement (Washington Real Estate Investment Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 8.1 (solely with respect to the existence of the Borrower), Section 9.4(i), or Article IX.X (excluding Section 10.8); or

Appears in 2 contracts

Samples: Credit Agreement (STORE CAPITAL Corp), Term Loan Agreement (STORE CAPITAL Corp)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 8.1. (solely with respect to the existence of the Borrower), Section 9.4.(i), or Article IXX. (excluding Section 10.8.); or

Appears in 2 contracts

Samples: Credit Agreement (STORE CAPITAL Corp), Credit Agreement (STORE CAPITAL Corp)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(hArticle IX (other than Sections 9.5 and 9.6) or Article IX.X; or

Appears in 2 contracts

Samples: Credit Agreement (Smith Douglas Homes Corp.), Credit Agreement (Smith Douglas Homes Corp.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(hSections 7.1. (solely with respect to the Parent or the Borrower), 7.7., 7.12., 7.14., 8.3., 8.4.(l)(i) or Article IX.; or;

Appears in 2 contracts

Samples: Term Loan Agreement (Parkway Properties Inc), Assignment and Assumption Agreement (Parkway Properties Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 8.13., Article IX. or Article IX.X.; or

Appears in 2 contracts

Samples: Credit Agreement (Broadstone Net Lease Inc), Credit Agreement (Broadstone Net Lease Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) Article IX. or Article IXX. (other than Section 10.6.); or

Appears in 2 contracts

Samples: Credit Agreement (Sunstone Hotel Investors, Inc.), Credit Agreement (Sunstone Hotel Investors, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1(i) (with respect to the Borrower and the Parent Guarantor), Section 9.4.(l) or Article IX.; orX;

Appears in 2 contracts

Samples: Term Loan Agreement (RLJ Lodging Trust), Term Loan Agreement (RLJ Lodging Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) Article IX or Article IX.X (other than Section 10.5, Section 10.9 or Section 10.10); or

Appears in 2 contracts

Samples: Credit Agreement (Spirit Realty Capital, Inc.), Term Loan Agreement (Spirit Realty Capital, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 8.13., Section 8.14, Article IX. or Article IX.X.; or

Appears in 2 contracts

Samples: Term Loan Agreement (Broadstone Net Lease Inc), Term Loan Agreement (Broadstone Net Lease Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h9.4.(l) or Article IXX. (other than Section 10.4.); or

Appears in 2 contracts

Samples: Credit Agreement (Keystone Property Trust), Term Loan Agreement (Keystone Property Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) Sections 7.10., 7.12 through 7.14, Article VIII. or Article IX.; or

Appears in 2 contracts

Samples: Term Loan Agreement (First Potomac Realty Trust), Revolving Credit Agreement (First Potomac Realty Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1. (solely with respect to the existence of the Borrower), Section 8.13., Article IX. (other than clauses (c), (e), (i), (l) and (n) of Section 9.4.) or Article IX.X.; or

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Broadstone Net Lease, Inc.), Term Loan Agreement (Broadstone Net Lease, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Article IV, Section 8.4.(h8.1. (with respect to the existence of any Loan Party), Section 8.8., Section 8.12., Section 8.14., Section 8.15., Section 9.4.(h) or Article IX.X.; or

Appears in 2 contracts

Samples: Credit Agreement (NETSTREIT Corp.), Credit Agreement (NETSTREIT Corp.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in clause (i) of Section 8.4.(h8.5.(h) or in Article IX.; or

Appears in 2 contracts

Samples: Term Loan Agreement (Post Apartment Homes Lp), Credit Agreement (Post Apartment Homes Lp)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Article IV, Section 8.4.(h8.1 (with respect to the existence of any Loan Party), Section 8.8, Section 8.12., Section 8.14., Section 8.15., Section 9.4(h) or Article IX.X.; oror 101

Appears in 1 contract

Samples: Credit Agreement (NETSTREIT Corp.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 9.4.(l), or Article IXX. (excluding Sections 10.9. and 10.10.); or

Appears in 1 contract

Samples: Credit Agreement (Realty Income Corp)

Default in Performance. (i) Any i)Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) Article IX. or Article IXX. (other than Section 10.6.); or

Appears in 1 contract

Samples: Credit Agreement (Sunstone Hotel Investors, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) Sections 8.1, 8.2, 8.3, 8.4, 8.6 and 8.7 or Article IX.; or

Appears in 1 contract

Samples: Credit Agreement (Gladstone Commercial Corp)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(hSections 9.1., 9.2., 9.3., 9.4.(i) or Article IX.X.; or

Appears in 1 contract

Samples: Credit Agreement (Trade Street Residential, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h7.8., Section 8.4.(g) or Article IX.; or

Appears in 1 contract

Samples: Credit Agreement (Equity Commonwealth)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h7.13, Section 8.3, Section 8.4(g) or in Article IX.; or

Appears in 1 contract

Samples: Term Loan Agreement (Colonial Realty Limited Partnership)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.4.(k) or Article IX.; or

Appears in 1 contract

Samples: Credit Agreement (Federal Realty Investment Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1(i) (with respect to the Borrower and the Parent Guarantor), Section 8.8(b), Section 9.4.(l) or Article IX.; orX;

Appears in 1 contract

Samples: Term Loan Agreement (RLJ Lodging Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Article IV, Section 8.4.(h8.1 (with respect to the existence of any Loan Party), Section 8.8, Section 8.12., Section 8.14., Section 9.4(h) or Article IX.X.; oror 115

Appears in 1 contract

Samples: Credit Agreement (NETSTREIT Corp.)

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Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Sections 7.1 (solely with respect to the existence of the Parent or the Borrower), 7.10., 7.12 through 7.14, Section 8.4.(h) 8.4(h), or Article IX.; or

Appears in 1 contract

Samples: And Consolidated Credit Agreement (First Potomac Realty Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 7.14. or Article IX.; or;

Appears in 1 contract

Samples: Credit Agreement (Carey Watermark Investors Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 8.15., Section 9.4.(l), or Article IXX. (excluding Sections 10.9. and 10.10.); or

Appears in 1 contract

Samples: Credit Agreement (Realty Income Corp)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IXSections 9.4.(l), 10.2., 10.3., 10.4., 10.5., 10.6., 10.7., 10.8.; or

Appears in 1 contract

Samples: Credit Agreement (Realty Income Corp)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 9.4.(h), or Article IX.X.; or

Appears in 1 contract

Samples: Credit Agreement (DiamondRock Hospitality Co)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 7.8., Section 7.15.(b), Section 8.4.(g), or Article IX.; or

Appears in 1 contract

Samples: Credit Agreement (Equity Commonwealth)

Default in Performance. (i) A. Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1.(i) (with respect to the Borrower and the Parent Guarantor), Section 8.8.(b), Section 9.4.(l) or Article IX.; orX.;

Appears in 1 contract

Samples: Credit Agreement (RLJ Lodging Trust)

Default in Performance. (i) Any i)Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) Article VIII or Article IX.; or

Appears in 1 contract

Samples: Credit Agreement (UDR, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.4(h) or Article IX.; or

Appears in 1 contract

Samples: Credit Agreement (Select Income Reit)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(hSections 8.1. (solely with respect to any Loan Party), 8.7, 8.8, 8.12, 8.14, 9.3, 9.4.(l)(i) or Article IX.; orX.;

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Parkway, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IX.; or

Appears in 1 contract

Samples: Credit Agreement (Apple REIT Ten, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 2.7(b), 7.14, 7.15 or 8.4.(h) or Article IX.. (other than Section 9.13); or

Appears in 1 contract

Samples: Credit Agreement (Diversified Healthcare Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 8.1 (solely with respect to the existence of the Parent and the Borrower), Section 8.8, Article IX or Article IX.X; or

Appears in 1 contract

Samples: Credit Agreement (American Realty Capital Properties, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h9.4.(l) or Article IX.X. (other than Section 10.1.(j)); or

Appears in 1 contract

Samples: Credit Agreement (RLJ Lodging Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(hSections 7.7., 7.12., 7.14., 8.1., 8.2., 8.3., 8.4.(l) or Article IX.; or

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Parkway Properties Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 7.8., Section 8.4.(i), Section 9.1., any of Sections 9.4 through Section 9.9. or Article IX.Section 9.12; oror - 95 - LEGAL02\42427047.v4

Appears in 1 contract

Samples: Credit Agreement (Equity Lifestyle Properties Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Article IV, Section 8.4.(h8.1 (with respect to the existence of any Loan Party), Section 8.8, Section 8.12., Section 8.14., Section 9.4(h) or Article IX.X.; or

Appears in 1 contract

Samples: Term Loan Agreement (NETSTREIT Corp.)

Default in Performance. (i) (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) or Article IX.Section 8.4(h) or Article IX.; or

Appears in 1 contract

Samples: Credit Agreement (Office Properties Income Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h9.4.(k) or Article IX.X.; or

Appears in 1 contract

Samples: Credit Agreement (CRT Properties Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 8.1. (solely with respect to the existence of the Borrower), Section 8.13., Article IX. or Article IX.X.; or

Appears in 1 contract

Samples: Term Loan Agreement (Broadstone Net Lease Inc)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 9.4. (h), or Article IX.X.; or

Appears in 1 contract

Samples: Credit Agreement (DiamondRock Hospitality Co)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1.(i) (with respect to the Borrower and the Parent Guarantor), Section 8.8.(b), Section 9.4.(l) or Article IX.X.; or

Appears in 1 contract

Samples: Term Loan Agreement (RLJ Lodging Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) Article IX or Article IX.X (other than Section 10.5, Section 10.9, Section 10.10 or Section 10.12); or

Appears in 1 contract

Samples: Term Loan Agreement (Spirit Realty, L.P.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(hArticle 8.4.(g) or Article IX.; or

Appears in 1 contract

Samples: Credit Agreement (Bre Properties Inc /Md/)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h7.1.(a) or Article IX.; or(with respect to

Appears in 1 contract

Samples: Credit Agreement (Park Hotels & Resorts Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h7.1.(a) (with respect to any Loan Party or any Eligible Property Subsidiary), Section 9.8., Section 7.11., Section 7.13.(b), Section 7.15., Section 8.4.(j) or Article IX.; or;

Appears in 1 contract

Samples: Credit Agreement (Park Hotels & Resorts Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 2.7(d), 7.14, 7.15 or 8.4.(h) or Article IX.; or

Appears in 1 contract

Samples: Term Loan Agreement (Diversified Healthcare Trust)

Default in Performance. (iviii) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 9.1, Section 9.2, Section 9.3 or Article IX.X; or

Appears in 1 contract

Samples: Credit Agreement (Hudson Pacific Properties, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1 (with respect to the Borrower and the Parent Guarantor), Section 8.8(b), Section 9.4(l) or Article IX.; orX;

Appears in 1 contract

Samples: Credit Agreement (RLJ Lodging Trust)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h8.1.(i) (with respect to any Loan Party or any Eligible Property Subsidiary), Section 8.8.(b), Section 8.12. (with respect to the Parent), Section 8.14.(b)(ii), Section 8.14.(c)(ii), Section 8.16.8.16., Section 9.4.(j) or Article IX.; orX.;

Appears in 1 contract

Samples: Loan Agreement (Park Hotels & Resorts Inc.)

Default in Performance. (i) Any Borrower or any other Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h7.1. (as to preservation and maintenance of existence only), Section 8.4.(i) or Article IX.; or

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Sl Green Operating Partnership, L.P.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(hSections 7.13., 8.3., 8.4(g) or in Article IX.; or

Appears in 1 contract

Samples: Credit Agreement (Colonial Realty Limited Partnership)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Section 8.4.(h) 9.4.(l)(i), or Article IX.X.; or

Appears in 1 contract

Samples: Credit Agreement (Pacific Office Properties Trust, Inc.)

Default in Performance. (i) Any Loan Party shall fail to perform or observe any term, covenant, condition or agreement on its part to be performed or observed and contained in Article IV, Section 8.4.(h8.1. (with respect to the existence of any Loan Party), Section 8.8., Section 8.12., Section 8.14., Section 9.4.(h) or Article IX.X.; or

Appears in 1 contract

Samples: Credit Agreement (NETSTREIT Corp.)

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