Common use of Late Payment Charge Clause in Contracts

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender promptly following demand therefor an amount equal to the lesser of five percent (5%) of such unpaid sum or the 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 Security Instrument and the other Loan Documents.

Appears in 3 contracts

Sources: Loan Agreement (Cole Credit Property Trust Iv, Inc.), Mezzanine Loan Agreement (Cole Corporate Income Trust, Inc.), Loan Agreement (Cole Corporate Income Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than the payment of principal the Outstanding Principal Balance due on the Maturity Date, is not paid by Borrower on Borrowers by the date on which it is due, Borrower Borrowers shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of five percent (5%) of such unpaid sum or the maximum amount permitted by Applicable Law 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 Security Instrument Mortgage and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 3 contracts

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

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than Documents (excluding the payment of principal amounts due on the Maturity Date, is ) 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 promptly following upon demand therefor an amount equal to the lesser of five three percent (53%) of such unpaid sum or the maximum amount permitted by Applicable Law 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 Security Instrument Mortgage and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 3 contracts

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

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than Documents (including the payment of principal Outstanding Principal Balance due and payable on the Maturity Date, ) is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) the maximum amount permitted by Applicable Law 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 Security Instrument and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 3 contracts

Sources: Loan Agreement (Ionis Pharmaceuticals Inc), Loan Agreement (Ionis Pharmaceuticals Inc), Loan Agreement (Morgans Hotel Group Co.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than excluding 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 promptly following upon demand therefor an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) the maximum amount permitted by Applicable Law 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 Security Instrument and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 2 contracts

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

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than including 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 promptly following upon demand therefor an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) the maximum amount permitted by Applicable Law 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 Security Instrument Instruments and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 2 contracts

Sources: Loan Agreement (Global Medical REIT Inc.), Loan Agreement (Global Medical REIT Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than including the payment of principal due on the Maturity Date, is not paid by Borrower on by the date on which it is due, Borrower shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) the maximum amount permitted by Applicable Law 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 Security Instrument Pledge Agreement and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 2 contracts

Sources: Mezzanine Loan Agreement (Cole Credit Property Trust Inc), Mezzanine Loan Agreement (Cole Credit Property Trust III, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than Documents (excluding the balloon payment of principal due on the Maturity Date, is ) are not paid by Borrower on or before the date on which it is due, Borrower shall pay to Administrative Agent for the account of each Lender promptly following upon demand therefor an amount equal to the lesser of five three percent (53%) of such unpaid sum or and the maximum amount permitted by Applicable Law Maximum Legal Rate in order to defray the expense incurred by Lender Lenders 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 Security Instrument Mortgages and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 2 contracts

Sources: Loan Agreement (Excel Trust, L.P.), Loan Agreement (Excel Trust, L.P.)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal and any other amounts due on the Maturity Date, is not paid by Borrower on or before the date on which it is due, Borrower shall pay to Lender promptly following Agent upon demand therefor an amount equal to the lesser of five percent (5%) of such unpaid sum or the maximum amount permitted by Applicable Law applicable law in order to defray the expense incurred by Lender Agent in handling and processing such delinquent payment and to compensate Lender Agent and Lenders for the loss of the use of such delinquent payment. Any such amount shall be secured by the Security Instrument Mortgage and the other Loan Documents.

Appears in 2 contracts

Sources: Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than the payment of principal the Outstanding Principal Balance due on the Maturity Date, is not paid by Borrower on Borrowers by the date on which it is due, Borrower Borrowers shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of five percent (5%) of such unpaid sum or the maximum amount permitted by Applicable Law 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 Security Instrument Pledge Agreements and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 2 contracts

Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (MPG Office Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than including the payment of principal due on the Maturity Date, is not paid by Borrower on Borrowers by the date on which it is due, Borrower Borrowers shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) the maximum amount permitted by Applicable Law 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 Security Instrument Mortgages and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 2 contracts

Sources: Loan Agreement (Cole Credit Property Trust Inc), Loan Agreement (Cole Credit Property Trust III, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due 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 promptly following upon demand therefor an amount equal to the lesser of five (a) four percent (54%) of such unpaid sum or sum, and (b) the maximum amount permitted by Applicable Law 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 Security Instrument and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust V, Inc.)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than Documents (excluding the payment of principal Outstanding Principal Balance due and payable on the Maturity Date, ) is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of five (a) four percent (54%) of such unpaid sum or (b) the maximum amount permitted by Applicable Law 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 Security Instrument Pledge Agreement and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (Hersha Hospitality Trust)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than including the payment of principal due on the Maturity Date, is not paid by Borrower on by the date on which it is due, Borrower shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) the maximum amount permitted by Applicable Law 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 Security Instrument Mortgage and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

Late Payment Charge. If any principalPrincipal (other than the balloon payment of Principal payable on the Stated Maturity Date), interest or any other sum due under the any Loan Documents, other than the payment of principal due on the Maturity Date, Document is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of five percent (5%) of such unpaid sum or the maximum amount permitted by Applicable Law 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 Security Instrument and the other Loan Documents.

Appears in 1 contract

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

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal and any other amounts due on the Maturity Date, is not paid by Borrower on or before the date on which it is due, Borrower shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of five percent (5%) of such unpaid sum or the maximum amount permitted by Applicable Law 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 Security Instrument Mortgage and the other Loan Documents.

Appears in 1 contract

Sources: Loan Agreement (Pacific Oak Strategic Opportunity REIT II, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, Documents (other than the payment of principal due on the Maturity Date, ) is not paid by Borrower on by the date on which it is due, Borrower shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) the maximum amount permitted by Applicable Law 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 Security Instrument Pledge Agreement and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (CNL Income Properties Inc)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal and any other amounts due on the Maturity Date, is not paid by Borrower on or before the date on which it is due, Borrower shall pay to Lender promptly following Agent upon demand therefor an amount equal to the lesser of five percent (5%) of such unpaid sum or the maximum amount permitted by Applicable Law applicable law in order to defray the expense incurred by Lender Agent in handling and processing such delinquent payment and to compensate Lender Agent and Lenders for the loss of the use of such delinquent payment. Any such amount shall be secured by the Security Instrument Pledge Agreement and the other Loan Documents.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (Black Creek Diversified Property Fund Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, (other than the payment of the principal due on balance of the Maturity DateNote at maturity, whether by acceleration or otherwise) 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 promptly following upon demand therefor an amount equal to the lesser of five four percent (54%) of such unpaid sum or the maximum amount permitted by Applicable Law 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 Security Instrument Mortgage and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan Agreement (Pebblebrook Hotel Trust)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, Documents (other than the payment of principal due on the Maturity Date, ) is not paid by Borrower on by the date on which it is due, Borrower shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of five (a) four percent (54%) of such unpaid sum or (b) the maximum amount permitted by Applicable Law 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 Security Instrument Mortgage and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan Agreement (Hard Rock Hotel Holdings, LLC)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, Documents (other than the payment of principal Outstanding Principal Balance due and payable on the Maturity Date, ) is not paid by Fee Borrower on the date on which it is due, Fee Borrower shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of five four percent (54%) of such unpaid sum or the maximum amount permitted by Applicable Law 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 Security Instrument Mortgage and the other Loan DocumentsDocuments to the extent permitted by law.

Appears in 1 contract

Sources: Loan Agreement (Strategic Hotels & Resorts, Inc)

Late Payment Charge. If any principal, interest or any other sum due Lender under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of five three percent (53%) of such unpaid sum or the maximum amount permitted by Applicable Law applicable law (a “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 amount shall be secured by the Security Instrument Mortgage and the other Loan Documents.

Appears in 1 contract

Sources: Loan Agreement (Behringer Harvard Reit I Inc)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, Documents (other than the payment of principal Outstanding Principal Balance due and payable on the Maturity Date, ) is not paid by Borrower on within five (5) calendar days following the date on which it is due, Borrower shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of five percent (55.00%) of such unpaid sum or the maximum amount permitted by Applicable Law 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 Security Instrument and the other Loan DocumentsDocuments to the extent permitted by law.

Appears in 1 contract

Sources: Loan Agreement (Glimcher Realty Trust)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than including the payment of principal due on the Maturity Date, is not paid by Borrower on Borrowers by the date on which it is due, Borrower Borrowers shall pay to Lender promptly following upon demand therefor an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) the maximum amount permitted by Applicable Law 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 Security Instrument Pledge Agreement and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Sources: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)