Common use of Late Payment Charge Clause in Contracts

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 13 contracts

Samples: Loan Agreement (AG Mortgage Investment Trust, Inc.), Loan Agreement (Starwood Waypoint Homes), Loan Agreement (Altisource Residential Corp)

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Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Borrower Security Agreement, the Mortgage Documents and the other Loan Documents to the extent permitted by applicable law.

Appears in 12 contracts

Samples: Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (including the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which it is duedue other than the payment due on the Maturity Date, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 9 contracts

Samples: Loan Agreement (Hines Global REIT, Inc.), Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Late Payment Charge. If any principal, payment of interest or and any other sums due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are Date is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 9 contracts

Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or and the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 9 contracts

Samples: Loan Agreement (Soho House & Co Inc.), Loan Agreement (Amerco /Nv/), Loan Agreement (TNP Strategic Retail Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including other than the amounts payment of principal due on the Maturity Date) are is not paid by Borrower on or prior to Borrowers by the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of (a) four percent (4%) of such unpaid sum or (b) the Maximum Legal Rate maximum amount permitted by applicable law, in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 9 contracts

Samples: Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Third Mezzanine Loan Agreement (Morgans Hotel Group Co.), Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (Documents, including the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four (a) five percent (45%) of such unpaid sum or sum, and (b) the Maximum Legal Rate Rate, in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 8 contracts

Samples: Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.), Loan Agreement (FTE Networks, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts excluding principal due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 7 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 7 contracts

Samples: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD), Loan Agreement (Medalist Diversified REIT, Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by Borrower Security Agreement, the Mortgages Mortgage Documents and the other Loan Documents to the extent permitted by applicable law.

Appears in 7 contracts

Samples: Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by Applicable Law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawApplicable Law.

Appears in 6 contracts

Samples: Mezzanine Loan Agreement (CNL Healthcare Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including excluding the amounts balloon payment due on the Maturity Date) are not paid by Borrower on or prior to before the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or and the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 5 contracts

Samples: Loan Agreement (Apartment Income REIT, L.P.), Loan Agreement (Apartment Income REIT, L.P.), Senior Mezzanine Loan Agreement (Brixmor Property Group Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 5 contracts

Samples: Loan Agreement (Chesapeake Lodging Trust), Loan Agreement (Interstate Hotels & Resorts Inc), Loan Agreement (Interstate Hotels & Resorts Inc)

Late Payment Charge. If any principal, interest or any other sums due under Except for the Loan Documents (including the amounts payment due on the Maturity Date) are , if any principal or interest payment is not paid by Borrower on or prior to before the date on which it same is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties Inc), Mezzanine Loan Agreement (Maguire Properties Inc)

Late Payment Charge. If any principal, interest or any principal (other sums due under than the Loan Documents (including the amounts due full principal amount payable on the Maturity Date) are or interest payment is not paid by Borrower on or prior to before the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc), Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 4 contracts

Samples: Loan Agreement (Entertainment Properties Trust), Loan Agreement (Entertainment Properties Trust), Credit Agreement (Entertainment Properties Trust)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (Documents, including the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower Borrowers on or prior to the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 4 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

Late Payment Charge. If any monthly installment of principal, ------------------- interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 4 contracts

Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is duedue (other than the principal amount due on the Maturity Date), Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 4 contracts

Samples: Loan Agreement (VICI Properties L.P.), Loan Agreement (MGM Growth Properties Operating Partnership LP), Loan Agreement (Park Hotels & Resorts Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including other than the amounts payment of principal due on the Maturity Date) are is not paid by Borrower on or prior to Borrowers by the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of (a) four percent (4%) of such unpaid sum or (b) the Maximum Legal Rate maximum amount permitted by applicable law, in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 4 contracts

Samples: Loan Agreement (Bref Hr, LLC), Loan Agreement (Hard Rock Hotel Holdings, LLC), Loan Agreement (Hard Rock Hotel Holdings, LLC)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender Agent upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender Agent in handling and processing such delinquent payment and to compensate Lender Lenders for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 3 contracts

Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including other than the amounts outstanding principal amount due and payable on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or and the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (W. P. Carey Inc.), Loan Agreement (Net Lease Office Properties)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum maximum amount permitted by any Legal Rate Requirements, in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Security Instruments and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law, in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount late payment charge shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (Urban Shopping Centers Inc), Loan Agreement (Urban Shopping Centers Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender Agent upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender Agent in handling and processing such delinquent payment and to compensate Lender Lenders for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: First Mezzanine Loan Agreement (Clipper Realty Inc.), Mezzanine Loan Agreement (Clipper Realty Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law, in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount late payment charge shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (Prime Group Realty Trust), Loan Agreement (Prime Group Realty Trust)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four (a) five percent (45%) of such unpaid sum or (b) the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Trizec Properties Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four two percent (42%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is duedue (other than the principal amount due on the Maturity Date), Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (BRE Select Hotels Corp), Loan Agreement (Park Hotels & Resorts Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Inland Real Estate Corp), Loan Agreement (Inland Real Estate Corp)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) four percent (4%) of such unpaid sum or (b) the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Telx Group, Inc.), Mezzanine Loan Agreement (Telx Group, Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (including the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which it is due, subject to any applicable grace or cure period, if any, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Gladstone Commercial Corp)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on or prior to which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law, in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount late payment charge shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is duedue (other than the principal amount due on the Maturity Date), Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Strategic Hotels & Resorts, Inc), Mezzanine Loan Agreement (Strategic Hotels & Resorts, Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Koger Equity Inc), Loan Agreement (Koger Equity Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.), Junior Mezzanine Loan Agreement (Sunstone Hotel Investors, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including other than the amounts outstanding principal amount due and payable on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or and the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (W. P. Carey Inc.), Mezzanine Loan Agreement (Net Lease Office Properties)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four (a) five percent (45%) of such unpaid sum or (b) the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower Borrowers on or prior to the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Generation Income Properties, Inc.), Loan Agreement (Generation Income Properties, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including excluding the amounts outstanding principal balance due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Junior Mezzanine Loan Agreement (Ashford Hospitality Prime, Inc.), Senior Mezzanine Loan Agreement (Ashford Hospitality Prime, Inc.)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (including the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which it is duedue (except for the final payment of principal, interest and other charges due and payable on the Maturity Date), Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the "Late Payment Charge"), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Deed of Trust and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement, Loan Agreement (Terra Tech Corp.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including excluding the amounts principal payment due on the Maturity Date) are is not paid by any Borrower on or prior to the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Ventas Inc), Loan Agreement (Ventas Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (Banyan Strategic Realty Trust), Loan Agreement (Ramco Gershenson Properties Trust)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Clipper Realty Inc.), Second Mezzanine Loan Agreement (Clipper Realty Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including other than the amounts payment of principal due on the Maturity Date) are is not paid by Borrower on or prior to by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (FelCor Lodging Trust Inc), Loan Agreement (FelCor Lodging Trust Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to before the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (Industrial Logistics Properties Trust), Loan Agreement (Industrial Logistics Properties Trust)

Late Payment Charge. If any principal, interest or any other sums Monthly Debt Service Payment Amount due under the Loan Documents (including Documents, excluding the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower Borrowers on or prior to the date on which it is duedue and payable, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Properties Inc)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (including the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) 5% of such unpaid sum (other than in connection with the payment of the entire principal balance of the Loan) or the Maximum Legal Rate maximum amount permitted by applicable law (the "Late Payment Charge"), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Late Payment Charge. If Unless waived by Lender in writing, if any principalPrincipal, interest or any other sums sum due under the any Loan Documents (including the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Daily Net Asset Value Trust, Inc.)

Late Payment Charge. If Unless waived by Lender in writing, if any principal, interest or any other sums sum due under the any Loan Documents (including the amounts due on the Maturity Date) are Document is not paid by any Borrower on or prior to the date on which it is due, such Borrower shall pay to Lender Lender, upon demand demand, an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by Applicable Law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Regional Health Properties, Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

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

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.law.‌

Appears in 1 contract

Samples: Mezzanine Loan Agreement

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts principal amount due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Chatham Lodging Trust)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts excluding principal due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including excluding the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (City Office REIT, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, upon election of Lender Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Prime Group Realty Trust)

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Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower Borrowers on or prior to the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to by the date on which it is due, Borrower shall pay to Lender upon demand an amount (such amount, a “Late Payment Charge”) equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount Late Payment Charges shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Instil Bio, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including excluding the amounts balloon payment of principal due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or and the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (RREEF Property Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including excluding the amounts principal balance of the Loan due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Gramercy Capital Corp)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum maximum amount permitted by any Legal Rate Requirements, in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including other than the amounts outstanding principal balance due on the Maturity Date) are is not paid by Borrower on or prior to by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (BlueLinx Holdings Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower the Borrowers on or prior to the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Grove Property Trust)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (Documents, including the amounts payment of principal due on the Maturity Date) are , is not paid by any Borrower on or prior to the date on which it is due, such Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the applicable Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Properties Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreements and the other security instruments comprising the Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Senior Mezzanine Loan Agreement (Thomas Properties Group Inc)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (including the amounts due on the Maturity Date) are Document is not paid by Borrower Borrowers on or prior to the date on which it is duedue (other than Principal due on the Stated Maturity Date), Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

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

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower Borrowers on or prior to the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

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

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, upon election of Lender Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Ps Business Parks Inc/Ca)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.applicable

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Late Payment Charge. If Unless waived by Lender in writing, if any principalPrincipal, interest or any other sums sum due under the any Loan Documents (including the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by Applicable Laws (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Global Medical REIT Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) four percent (4%) of such unpaid sum or (b) the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Telx Group, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including excluding the amounts balloon payment due on the Maturity Date) are not paid by Borrower on or prior to before the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or and the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Brixmor Property Group Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Bluerock Residential Growth REIT, Inc.)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (including the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which it is duedue (excluding amounts otherwise due on the Maturity Date), subject to any applicable grace or cure period, if any, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (World Wrestling Entertainmentinc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (Documents, including the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum maximum amount permitted by any Legal Rate Requirements, in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (TNP Strategic Retail Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to Borrowers by the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four ten percent (410%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Deed of Trust and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Terra Tech Corp.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including excluding the amounts outstanding principal balance due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Prime, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including but excluding the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or and the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Moody National REIT I, Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Banyan Strategic Realty Trust)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is duedue (other than the principal amount due on the applicable Maturity Date), Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Hilton Worldwide Holdings Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the any Maturity Date) are , is not paid by the Borrower on or prior to the date on which it is when due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Developmental Loan Agreement

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including other than the amounts outstanding principal balance due on the Maturity Date) are is not paid by Borrower on or prior to by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Medical Billing Assistance, Inc.)

Late Payment Charge. If any principalPrincipal, interest (including, without limitation, any Accrued Interest) or any other sums sum due under the any Loan Documents (including the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Junior Mezzanine Loan Agreement (Maguire Properties Inc)

Late Payment Charge. If any principal, interest or any principal (other sums due under than the Loan Documents (including the amounts due full principal amount payable on the Maturity Date) are or interest payment is not paid by Borrower on or prior to before the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Mortgage Loan Agreement (Ashford Hospitality Trust Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Clipper Realty Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or and the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable law. Notwithstanding the foregoing, such late charge shall not apply to any failure to make the payments set forth in Section 2.3.3 on the Maturity Date.

Appears in 1 contract

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

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three and one half percent (43.5%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Kindercare Learning Centers Inc /De)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including other than the amounts Outstanding Principal Balance due and payable on the Maturity Date) are is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or and the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Global Income Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (including the amounts due on the Maturity Date) are is not paid by Borrower on or prior to by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Capitalsource Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (including Documents, excluding the amounts payment due on the Maturity Date) are , is not paid by Borrower Borrowers on or prior to the date on which it is due, Borrower then Borrowers shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the Maximum maximum amount permitted by applicable Legal Rate Requirements in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgages Security Instruments and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Cole Credit Property Trust V, Inc.)

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