Common use of Default in Performance Clause in Contracts

Default in Performance. (i) The Borrower shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.1 (with respect to the existence of the REIT Guarantor and the Borrower), 7.8, 7.12, 7.13 or 8.3 or in Article IX, or (ii) the Borrower or any other Obligor shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section and such failure under this Section 10.1(c)(ii) shall continue for a period of thirty (30) days after the date upon which the Borrower has received written notice of such failure from the Agent.

Default in Performance. (i) The Borrower shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.1 (with respect to the existence of the REIT Guarantor and the Borrower), 7.8, 7.12, 7.13 7.13, 8.3 or 8.3 8.5 or in Article IX, or (ii) the Borrower or any other Obligor shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section and such failure under this Section 10.1(c)(ii) shall continue for a period of thirty (30) days after the date upon which the Borrower has received written notice of such failure from the Agent.

Default in Performance. (i) The Borrower or the Parent shall fail to perform or observe any term, covenant, condition or agreement contained in the second proviso of Section 7.1 (with respect to the existence of the REIT Guarantor and the Borrower2.4(c), Section 7.8, 7.12Section 8.1, 7.13 or 8.3 Section 8.2, Section 8.3, Section 8.4(i) or in Article IX, IX or (ii) the Borrower Borrower, the Parent or any other Obligor Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section and in the case of this clause (ii) only such failure under this Section 10.1(c)(ii) shall continue for a period of thirty (30) 30 days after the date upon which the Borrower has received written notice of such failure from the Agent.

Default in Performance. (i) The Borrower or the Parent shall fail to perform or observe any term, covenant, condition or agreement contained in Section 7.1 (with respect to the existence second proviso of the REIT Guarantor and the Borrowersecond sentence of Section 2.4(b), 7.8Section 8.1, 7.12Section 8.2, 7.13 or 8.3 Section 8.3, Section 8.4(i) or in Article IX, IX or (ii) the Borrower Borrower, the Parent or any other Obligor Loan Party shall fail to perform or observe any term, covenant, condition or agreement contained in this Agreement or any other Loan Document to which it is a party and not otherwise mentioned in this Section and in the case of this clause (ii) only such failure under this Section 10.1(c)(ii) shall continue for a period of thirty (30) 30 days after the date upon which the Borrower has received written notice of such failure from the Agent.