General Contractor Default. The General Contractor shall have defaulted under any Construction Contract, which default the Agent, in its sole discretion, shall deem substantial, and the Borrowers, after thirty (30) days notice from the Agent, shall fail to commence exercising any resulting right or remedy to which it may be entitled thereunder and diligently pursue such right or remedy unless the Borrowers exclude the affected Eligible Project from the calculation of the Borrowing Base.
Appears in 2 contracts
Samples: Financing and Security Agreement (American Retirement Corp), Financing and Security Agreement (American Retirement Corp)
General Contractor Default. The General Contractor shall have defaulted under any Construction Contract, which default the Agent, in its sole discretion, shall deem substantial, and the BorrowersBorrower, after thirty (30) days notice Notice from the Agent, shall fail to commence exercising any resulting right or remedy to which it may be entitled thereunder and diligently pursue such right or remedy unless the Borrowers exclude Borrower excludes the affected Eligible Project from the calculation of the Borrowing Base.
Appears in 2 contracts
Samples: Financing and Security Agreement (Alternative Living Services Inc), Financing and Security Agreement (Alternative Living Services Inc)
General Contractor Default. The General Contractor shall have defaulted under any Construction Contract, which default the Administrative Agent, in its sole discretion, shall deem substantial, and the Borrowers, after thirty (30) days notice Notice from the Administrative Agent, shall fail to commence exercising any resulting right or remedy to which it may be entitled thereunder and diligently pursue such right or remedy unless the Borrowers exclude the affected Eligible Project from the calculation of the Borrowing Baseremedy.
Appears in 1 contract
Samples: Financing and Security Agreement (Sunrise Assisted Living Inc)
General Contractor Default. The General Contractor shall have defaulted under any Construction Contract, which default the Administrative Agent, in its sole discretion, shall deem substantial, and the Borrowers, after thirty (30) days notice Notice from the Administrative Agent, shall fail to commence 75 82 exercising any resulting right or remedy to which it may be entitled thereunder and diligently pursue such right or remedy unless the Borrowers exclude Borrower excludes the affected Eligible Project from the calculation of the Borrowing Base.
Appears in 1 contract
Samples: Financing and Security Agreement (Sunrise Assisted Living Inc)
General Contractor Default. The General Contractor shall have defaulted under any Construction Contract, which default the Administrative Agent, in its sole discretion, shall deem substantial, and the Borrowers, after thirty (30) days notice Notice from the Administrative Agent, shall fail to commence exercising any resulting right or remedy to which it may be entitled thereunder and diligently pursue such right or remedy unless the Borrowers exclude the affected Eligible Project from the calculation of the Borrowing Base.
Appears in 1 contract
Samples: Financing and Security Agreement (Sunrise Assisted Living Inc)
General Contractor Default. The General Contractor shall have defaulted under any Construction Contract, which default the Agent, in its sole discretion, shall deem substantial, and the BorrowersBorrower, after thirty (30) days notice Notice from the Agent, shall fail to commence exercising any resulting right or remedy to which it may be entitled thereunder and diligently pursue such right or remedy unless the Borrowers exclude the affected Eligible Project from the calculation of the Borrowing Baseremedy.
Appears in 1 contract
Samples: Master Construction Loan Agreement (Sunrise Assisted Living Inc)
General Contractor Default. The General Contractor shall have defaulted under any Construction Contract, which default the Administrative Agent, in its sole discretion, shall deem substantial, and the Borrowers, after thirty (30) days notice Notice from the Administrative Agent, shall fail to commence exercising any resulting right or remedy to which it may be entitled thereunder and diligently pursue such right or remedy unless the Borrowers exclude Borrower excludes the affected Eligible Project from the calculation of the Borrowing Base.
Appears in 1 contract
Samples: Financing and Security Agreement (Sunrise Assisted Living Inc)