Common use of Default Under Other Lien Clause in Contracts

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have consented, and without hereby implying any consent by Holder or Lenders, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 8 contracts

Samples: Security Agreement and Fixture Filing (Prospect Medical Holdings Inc), Security Agreement and Fixture Filing (Prospect Medical Holdings Inc), Security Agreement and Fixture Filing (Prospect Medical Holdings Inc)

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Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have Beneficiary has consented, and without hereby implying any consent by Holder or LendersBeneficiary’s consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 3 contracts

Samples: Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.), Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.), Apn (TNP Strategic Retail Trust, Inc.)

Default Under Other Lien. A default or event of default (after taking into consideration applicable notice, grace and cure periods, if any) occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have consented, and without hereby implying any Administrative Agent’s consent by Holder or Lenders, to any such lien, security interest or assignment not created hereunderunder the Loan Documents), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 3 contracts

Samples: Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.), Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp), Construction Loan Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have has consented, and without hereby implying any consent by Holder or LendersHolder's consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 2 contracts

Samples: Loan Agreement, And Security Agreement (American Medical Technologies Inc/De)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property Collateral or any material part thereof (whether or not Holder and Lenders have consented, and without hereby implying any Lender’s consent by Holder or Lenders, to any such lien, security interest or assignment not created hereunderunder the Loan Documents), or and the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.;

Appears in 2 contracts

Samples: Loan Agreement (Plains Capital Corp), Loan Agreement (Plains Capital Corp)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have has consented, and without hereby implying any consent by Holder or LendersHolder’s consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 2 contracts

Samples: Interline Resources Corp, Interline Resources Corp

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have consentedLender has consented to any such lien, security interest or assignment and without hereby implying any Lender's consent by Holder or Lenders, to any such lien, security interest or assignment not created hereunderunder the Loan Documents), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Term Loan Agreement (Candlewood Hotel Co Inc)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have Mortgagee has consented, and without hereby implying any consent by Holder or LendersMortgagee’s consent, to any such lien, security interest or assignment not created hereunder), or the holder Mortgagee of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Loan Agreement (Acadia Realty Trust)

Default Under Other Lien. A default or event of default occurs ------------------------ and is continuing under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have Mortgagee has consented, and without hereby implying any consent by Holder or LendersMortgagee's consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Security Agreement (Wells Real Estate Investment Trust Inc)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have has consented, and without hereby implying any consent by Holder or LendersHolder's consent, to any such lien, security interest or assignment not created hereunder)) and any applicable cure period has expired, or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Fund Loan Agreement

Default Under Other Lien. A default or event of default occurs and is continuing under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have Lender has consented, and without hereby implying any consent by Holder or LendersLender's consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Wells Real Estate Investment Trust Inc

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have Mortgagee has consented, and without hereby implying any consent by Holder or LendersMortgagee's consent, to any such lien, security interest or assignment not created hereunder), or the holder Mortgagee of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: , and Security Agreement (Acadia Realty Trust)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Mortgaged Property or any part thereof (whether or not Holder and Lenders have Agent has consented, and without hereby implying any consent by Holder or LendersAgent's consent, to any such lien, security interest or assignment not created hereunder)) and such default is not cured within any applicable grace period provided by such document, or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Packaged Ice Inc

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have Beneficiary has consented, and without hereby implying any consent by Holder or LendersBeneficiary's consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Defined Terms (Bluerock Residential Growth REIT, Inc.)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have has consented, and without hereby implying any consent by Holder or LendersXxxxxx's consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: FelCor Lodging Trust Inc

Default Under Other Lien. A default or event of default occurs under any lien, security interest interest, or assignment covering the Mortgaged Property or any part thereof (whether or not Holder and Lenders have Agent has consented, and without hereby implying any consent by Holder or LendersAgent's consent, to any such lien, security interest interest, or assignment not created hereunder), or the holder of any such lien, security interest interest, or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the any Borrowing Base Property or any part thereof (whether or not Holder and Lenders have Agent has consented, and without hereby implying any consent by Holder or LendersAgent's consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Credit Agreement (American Industrial Properties Reit Inc)

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Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property any Project or any part thereof (whether or not Holder and Lenders have Administrative Agent has consented, and without hereby implying any consent by Holder or LendersAdministrative Agent's consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Reit I Inc)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have Mortgagee has consented, and without hereby implying any consent by Holder or LendersMortgagee’s consent, to any such lien, security interest or assignment not created hereunder), or the holder Mortgagee of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Rents and Security Agreement (Acadia Realty Trust)

Default Under Other Lien. A default or event of default occurs and is continuing under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have Lender has consented, and without hereby implying any consent by Holder or LendersLender's consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or XXXXX/ORANGE COUNTY ASSOCIATES DEED OF TRUST PAGE 33 institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Wells Real Estate Investment Trust Inc

Default Under Other Lien. A default or event of default occurs beyond any applicable notice and cure period under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have consented, and without hereby implying any consent by Holder or Lenders, to any such lien, security interest or assignment not created hereunder)thereof, or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Loan Agreement (Coolbrands International Inc)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering any Project in the Property Collateral Pool or any part thereof (whether or not Holder and Lenders have Administrative Agent has consented, and without hereby implying any consent by Holder or LendersAdministrative Agent's consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Partnership’s interest in the Property or any part thereof (whether or not Holder and Lenders have has consented, and without hereby implying any consent by Holder or LendersHolder's consent, to any such lien, security interest or assignment not created hereunder)) and any applicable cure period has expired, or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Loan Agreement

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have has consented, and without hereby implying any consent by Holder or LendersXxxxxx's consent, to any such lien, security interest or assignment not created hereunder)) and any applicable cure period has expired, or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: And Security Agreement

Default Under Other Lien. A default or event of default ------------------------ occurs and is continuing under any lien, security interest or assignment covering the Property any Collateral or any part thereof (whether or not Holder and Lenders have consented, and without hereby implying any consent by Holder or Lenders' consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Wells Real Estate Investment Trust Inc)

Default Under Other Lien. A default or event of default occurs under any lien, . security interest or assignment covering the Mortgaged Property or any part thereof (whether or not Holder and Lenders have has consented, and without hereby implying any consent by Holder or LendersXxxxxx's consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Security Agreement and Financing Statement (Apartment Investment & Management Co)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have Mortgagee has consented, and without hereby implying any consent by Holder or LendersMortgagee’s consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (TNP Strategic Retail Trust, Inc.)

Default Under Other Lien. A default or event of default occurs under any lien, security interest or assignment covering the Property or any part thereof (whether or not Holder and Lenders have Lender has consented, and without hereby implying any consent by Holder or LendersLender's consent, to any such lien, security interest or assignment not created hereunder), or the holder of any such lien, security interest or assignment declares a default or institutes foreclosure or other proceedings for the enforcement of its remedies thereunder.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Short Term Opportunity Fund I Lp)

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