Common use of Default Rate Clause in Contracts

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, Xxxxxx's risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 43 contracts

Samples: Loan Agreement, Multifamily Note, Multifamily Note

AutoNDA by SimpleDocs

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 32 contracts

Samples: Multifamily Note (Steadfast Apartment REIT, Inc.), Master Multifamily Note (New Senior Investment Group Inc.), Multifamily Note (Strategic Student & Senior Housing Trust, Inc.)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 26 contracts

Samples: Multifamily Note Cme (Steadfast Income REIT, Inc.), Multifamily Note (Century Properties Fund Xix), Multifamily Note (Angeles Partners Xii)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx Borrower also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, XxxxxxLender's risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx Borrower agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 24 contracts

Samples: Multifamily Note (Angeles Income Properties LTD 6), Multifamily Note (Shelter Properties Ii LTD Partnership), Multifamily Note (Century Properties Fund Xv)

Default Rate. (a) So long as (ia) any monthly installment under this Note remains past due for thirty (30) 30 days or more more, or (iib) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date earlier of the due date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at a rate (the Default Rate. (b"DEFAULT RATE") From equal to the lesser of 4 percentage points above the rate stated in the first paragraph of this Note or the maximum interest rate which may be collected from Borrower under applicable law. If the unpaid principal balance and after all accrued interest are not paid in full on the Maturity Date, the unpaid principal balance and all accrued interest shall continue to bear interest from the Maturity Date at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Rate. Borrower also acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or moremore than 30 days, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) that it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) more than 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 4 contracts

Samples: Multifamily Note (Fox Strategic Housing Income Partners), Multifamily Note (Fox Strategic Housing Income Partners), Multifamily Note (Wellsford Real Properties Inc)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 3 contracts

Samples: Multifamily Note (Emeritus Corp\wa\), Multifamily Note (Emeritus Corp\wa\), Multifamily Note (Steadfast Income REIT, Inc.)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's Xxxxxx’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 3 contracts

Samples: Multifamily Note (NorthStar Healthcare Income, Inc.), Multifamily Note (Steadfast Income REIT, Inc.), Multifamily Note (Steadfast Income REIT, Inc.)

Default Rate. Multifamily Note Page 6 Floating Rate (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Samples: Multifamily Note (Steadfast Income REIT, Inc.), Multifamily Note (Steadfast Income REIT, Inc.)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx Bxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, Xxxxxx's Lxxxxx’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx Bxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Samples: Multifamily Note (Capital Senior Living Corp), Multifamily Note (Post Properties Inc)

Default Rate. (a1) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in continuing or (2) pursuant to Section 3 6.01(b) of this Note to the contraryIndenture, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date earlier of the due date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at a rate per annum (the Default Rate. ”) equal to the lesser of (bi) From the maximum rate permitted by applicable law or (ii) a rate equal to the Base Rate plus five percent (5%), subject to the interest calculation set forth in Section 2.01(b) of the Indenture. If the unpaid principal balance and after all accrued interest are not paid in full on the Maturity Date, the unpaid principal balance and all accrued interest shall continue to bear interest from the Maturity Date at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower Rate. Maker also acknowledges that (i) its failure to make timely payments will cause Lender the Holder, to incur additional expenses in servicing and processing the Loan, (ii) that, during the time that any required monthly installment under this Note is delinquent for thirty (30) days or moredelinquent, Lender Holder will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's Holder’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) that it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx Maker also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender Holder is entitled to be compensated for such increased risk. Xxxxxxxx Maker agrees that the increase in the rate of interest payable under this Note to the Default Rate as provided above represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this NoteDelivery Date, of the additional costs and expenses Lender Holder will incur by reason of the Borrower's Maker’s delinquent payment and the additional compensation Lender Holder is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Samples: Junior Loan Agreement, Junior Loan Agreement

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's Xxxxxx’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Samples: Multifamily Note (KBS Strategic Opportunity REIT II, Inc.), Multifamily Note (KBS Legacy Partners Apartment REIT, Inc.)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx Borrower also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's Lender’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx Borrower agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Samples: Multifamily Note (Resource Apartment REIT III, Inc.), Multifamily Note (Bluerock Residential Growth REIT, Inc.)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx Bxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's Lxxxxx’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx Bxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Samples: Multifamily Note (Preferred Apartment Communities Inc), Multifamily Note (Preferred Apartment Communities Inc)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx Bxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's Lxxxxx’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx Bxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Samples: Multifamily Note (Bluerock Residential Growth REIT, Inc.), Multifamily Note (Bluerock Residential Growth REIT, Inc.)

Default Rate. (a) So long as (i) any monthly installment or any other payment due under this Lease Financing Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrarymore, interest under this Lease Financing Note shall accrue on the unpaid principal balance from the Installment Due Date earlier of the due date of the first such unpaid monthly installment or the occurrence of such other Event of Defaultpayment due, as applicable, at a rate (the Default Rate. (b"DEFAULT RATE") From equal to the lesser of *** above the Applicable Interest Rate or the maximum interest rate which may be collected from the Borrower under applicable law. If the unpaid principal balance and after all accrued interest are not paid in full on the Maturity Date, the unpaid principal balance and all accrued interest shall continue to bear interest from the Maturity Date at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Rate. The Borrower also acknowledges that (i) its failure to make timely payments will cause the Lender to incur additional expenses in servicing and processing connection with the related Loan, (ii) that, during the time that any monthly installment or payment under this Lease Financing Note is delinquent for thirty (30) days or moremore than 30 days, the Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on the Lender's ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) that it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx The Borrower also acknowledges that, during the time that any monthly installment or other payment due under this Lease Financing Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuingthan 30 days, Xxxxxxthe Lender's risk of nonpayment of this Note will be materially increased and the Lender is entitled to be compensated for such increased risk. Xxxxxxxx The Borrower agrees that the increase in the rate of interest payable under this Lease Financing Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Lease Financing Note, of the additional costs and expenses the Lender will incur by reason of the Borrower's delinquent payment and the additional compensation the Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Samples: Master Business Lease Financing Agreement (Eroom System Technologies Inc), Master Business Lease Financing Agreement (Eroom System Technologies Inc)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender Xxxxxx will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Samples: Multifamily Note (Resource Apartment REIT III, Inc.), Multifamily Note (Resource Apartment REIT III, Inc.)

AutoNDA by SimpleDocs

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, Xxxxxx's risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx Borrower agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 2 contracts

Samples: Multifamily Note (Emeritus Corp\wa\), Multifamily Note (Emeritus Corp\wa\)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender Xxxxxx is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 1 contract

Samples: Multifamily Note (Roberts Realty Investors Inc)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, Xxxxxx's risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the BorrowerXxxxxxxx's delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 1 contract

Samples: Multifamily Note (Emeritus Corp\wa\)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 1 contract

Samples: Multifamily Note (Emeritus Corp\wa\)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other After the occurrence and during the continuance of an Event of Default has occurred and is continuinghereunder, then notwithstanding anything in Section 3 the per annum effective rate of this Note interest applicable to all Loans shall be increased to the contrary, interest under this Note shall accrue on Default Rate. All such increases may be applied retroactively to the unpaid principal balance from the Installment Due Date date of the first such unpaid monthly installment or the occurrence of such other the Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at . Each Borrower agrees that the Default Rate until payable to Lender is a reasonable estimate of the Lender’s damages and including the date on which the entire principal balance is paid in full. (c) not a penalty. Each Borrower also acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the its Loan, (ii) that, during the time that any monthly installment or payment under this Note is delinquent for thirty (30) days or moredelinquent, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; opportunities and (iii) that it is extremely difficult and impractical to determine those any such additional costs and expenses. Xxxxxxxx also acknowledges that, ; and (ii) during the time that any monthly installment or other payment due under this such Borrower’s Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuingdelinquent, Xxxxxx's Lender’s risk of nonpayment of this such Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx Each Borrower further agrees that the increase in the rate of interest payable under this its Note to the Default Rate represents a fair and reasonable estimate, estimate (taking into account all circumstances existing on the date of this Note, hereof) of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan. 99305209_1 (ii) All contractual rates of interest chargeable on outstanding Principal under each Loan shall continue to accrue and be paid even after Default, an Event of Default, maturity, acceleration, judgment, bankruptcy, insolvency proceedings of any kind or the happening of any event or occurrence similar or dissimilar.

Appears in 1 contract

Samples: Loan Agreement (Regional Health Properties, Inc)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrarycont, interest aryinterest under this Note shall accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, Xxxxxx's risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 1 contract

Samples: Multifamily Note (Davidson Diversified Real Estate Ii Limited Partnership)

Default Rate. (a) So long as (i) any monthly installment under this Note remains past due for thirty (30) 30 days or more more, or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall will accrue on the unpaid principal balance from the Installment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) From and after the Maturity Date, the unpaid principal balance shall will continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) 30 days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's ’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 1 contract

Samples: Multifamily Note

Default Rate. (a) 8.1. So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in Section 3 of this Note to the contrary, interest under this Note shall accrue on the unpaid principal balance from the Installment Payment Due Date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at the Default Rate. (b) 8.2. From and after the Maturity Date, the unpaid principal balance and all accrued interest shall continue to bear interest at the Default Rate until and including the date on which the entire principal balance is paid in full. Interest shall also accrue at the Default Rate on any judgment obtained by Lender against Maker under this Note. (c) Borrower 8.3. Maker acknowledges that (i) its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Loan, (ii) during the time that any monthly installment under this Note is delinquent for thirty (30) days or more, Lender will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's ’s ability to meet its other obligations and to take advantage of other investment opportunities; and (iii) it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx Maker also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender is entitled to be compensated for such increased risk. Xxxxxxxx Maker agrees that the increase in the rate of interest payable under this Note to the Default Rate represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this Note, of the additional costs and expenses Lender will incur by reason of the Borrower's Maker’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquent loan. During any period that the Default Rate is in effect, the additional interest accruing over and above the rate provided for in Section 1 shall be immediately due and payable in addition to the regularly scheduled interest only payments.

Appears in 1 contract

Samples: Commercial Promissory Note (Landa App LLC)

Default Rate. (a1) So long as (i) any monthly installment under this Note remains past due for thirty (30) days or more or (ii) any other Event of Default has occurred and is continuing, then notwithstanding anything in continuing or (2) pursuant to Section 3 6.01(b) of this Note to the contraryIndenture, interest under this Note shall accrue on the unpaid principal balance from the Installment Due Date earlier of the due date of the first such unpaid monthly installment or the occurrence of such other Event of Default, as applicable, at a rate per annum (the Default Rate. ”) equal to the lesser of (bi) From the maximum rate permitted by applicable law or (ii) a rate equal to the Bond Rate plus _ percent ( %), subject to the interest calculation set forth in Section 2.01(b) of the Indenture. If the unpaid principal balance and after all accrued interest are not paid in full on the Maturity Date, the unpaid principal balance and all accrued interest shall continue to bear interest from the Maturity Date at the Default Rate until and including the date on which the entire principal balance is paid in full. (c) Borrower Rate. Maker also acknowledges that (i) its failure to make timely payments will cause Lender the Holder, to incur additional expenses in servicing and processing the Loan, (ii) that, during the time that any required monthly installment under this Note is delinquent for thirty (30) days or moredelinquent, Lender Holder will incur additional costs and expenses arising from its loss of the use of the money due and from the adverse impact on Lender's Holder’s ability to meet its other obligations and to take advantage of other investment opportunities; , and (iii) that it is extremely difficult and impractical to determine those additional costs and expenses. Xxxxxxxx Maker also acknowledges that, during the time that any monthly installment under this Note is delinquent for thirty (30) days or more or any other Event of Default has occurred and is continuing, Xxxxxx's ’s risk of nonpayment of this Note will be materially increased and Lender Holder is entitled to be compensated for such increased risk. Xxxxxxxx Maker agrees that the increase in the rate of interest payable under this Note to the Default Rate as provided above represents a fair and reasonable estimate, taking into account all circumstances existing on the date of this NoteClosing Date, of the additional costs and expenses Lender Holder will incur by reason of the Borrower's Maker’s delinquent payment and the additional compensation Lender Holder is entitled to receive for the increased risks of nonpayment associated with a delinquent loan.

Appears in 1 contract

Samples: Junior Loan Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!