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 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 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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 5 contracts

Samples: Mezzanine Loan Agreement (BRE Select Hotels Corp), Mezzanine Loan Agreement (BRE Select Hotels Corp), Mezzanine Loan Agreement (ESH Hospitality LLC)

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Late Payment Charge. If any principal, principal or interest or any other sums due under the Loan Documents payment is not paid by Borrower on or prior to before the date on which it after the 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 Pledge Agreement Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 5 contracts

Samples: Loan Agreement (American Assets Trust, Inc.), 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 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 Pledge Agreement Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 3 contracts

Samples: Loan Agreement (Highland Hospitality Corp), Loan Agreement (Highland Hospitality Corp), Loan Agreement (Skilled Healthcare Group Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents 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 Pledge Agreement Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 3 contracts

Samples: Loan Agreement (Reckson Operating Partnership Lp), Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Reckson Associates Realty Corp)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents is (excluding the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which it is five calendar (5) days after the date such payment 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 Pledge Agreement Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 3 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents 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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

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

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents 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 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 Such amount shall be secured by the Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (Fac Realty Trust Inc), Loan Agreement (United Investors Realty Trust)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents 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 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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (Amerivest Properties Inc), Mezzanine Loan Agreement (Morgans Hotel Group Co.)

Late Payment Charge. If any principal, principal or interest or any other sums due under the Loan Documents payment is not paid by Borrower on or prior to before the date on which it after the same is due, Borrower shall pay to Lender 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 Pledge Agreement Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Corporate Property Associates 15 Inc), Loan Agreement (Corporate Property Associates 16 Global Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents 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 Pledge Agreement 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 (Fairchild Corp)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents 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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (Strategic Realty Trust, Inc.), Loan Agreement (Morgans Hotel Group Co.)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents Document 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%) 2% 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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Humphrey Hospitality Trust Inc)

Late Payment Charge. If any principal, interest or any other sums sum due Lender under the Loan Documents Documents, other than the payment of principal due on the Maturity 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 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 maximum amount shall be secured by the Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.law (a “

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents 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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (First Union Real Estate Equity & Mortgage Investments)

Late Payment Charge. If any principal, principal or interest or any other sums due under the Loan Documents payment is not paid by Borrower on or prior to before the date on which it the 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 Pledge Agreement Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (FSP 50 South Tenth Street Corp)

Late Payment Charge. If any principalPrincipal, interest or any other sums ------------------- sum due under the any Loan Documents 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%) percent 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 Such amount shall be secured by the Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Saul Centers Inc)

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Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents Document 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%) 2% 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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Supertel Hospitality Inc)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents 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 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 maximum amount shall be secured by the Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.law (the

Appears in 1 contract

Samples: Loan Agreement (Hines Global REIT, Inc.)

Late Payment Charge. If any principal, principal or interest or any other sums due under the Loan Documents payment is not paid by Borrower on or prior to before the date on which it the same 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 Pledge Agreement Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Term Loan Agreement (Developers Diversified Realty Corp)

Late Payment Charge. If any principal, principal or interest or any other sums due under the Loan Documents payment is not paid by Borrower Maker on or prior to before the date on which it is due, Borrower Maker 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 Pledge Agreement Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Capital Lodging)

Late Payment Charge. If any principal, principal or interest or any other sums due under the Loan Documents 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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capital Lodging)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents 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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capitalsource Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents 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 Pledge Agreement and the other Loan Documents payment (except, with respect to the extent permitted by applicable law.payments

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents is (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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.delinquent

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents Document 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 (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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Parking REIT, Inc.)

Late Payment Charge. If any principalPrincipal, interest or any other sums sum ------------------- due under the any Loan Documents 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 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 Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Konover Property Trust Inc)

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