Common use of Lender’s Right to Perform Clause in Contracts

Lender’s Right to Perform. If Borrower or Operator ------------------------- fails to perform any covenant or obligation contained herein and such failure shall continue beyond any applicable grace period and thereafter continue for a period of five Business Days after Borrower's or Operator's, as applicable, receipt of written notice thereof, without in any way limiting Section 7.1 ----------- hereof, from Lender, Lender may, but shall have no obligation to, itself perform, or cause performance of, such covenant or obligation, and the expenses of Lender incurred in connection therewith shall be payable by Borrower and Operator to Lender within ten (10) calendar days after written demand therefor. Notwithstanding the foregoing, Lender shall have no obligation to send notice to Borrower or Operator of any such failure.

Appears in 2 contracts

Samples: Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc)

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Lender’s Right to Perform. If Borrower or Operator ------------------------- Manager fails to perform any covenant or obligation contained herein and such failure shall continue beyond any applicable grace period and thereafter continue for a period of five (5) Business Days after Borrower's or OperatorManager's, as applicable, receipt of written notice thereofthereof from Lender, without in any way limiting Section 7.1 ----------- Sections 8.1 and 8.3 hereof, from Lender, Lender may, but shall have no obligation to, itself perform, or cause performance of, such covenant or obligation, and the expenses of Lender incurred in connection therewith shall be payable by Borrower and Operator Manager to Lender within ten (10) calendar days after written demand therefor. Notwithstanding the foregoing, Lender shall have no obligation to send notice to Borrower or Operator Manager of any such failure.

Appears in 2 contracts

Samples: Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc)

Lender’s Right to Perform. If Borrower or Operator ------------------------- fails to perform any covenant or obligation contained herein and such failure shall continue beyond any applicable grace period and thereafter continue for a period of five Business Days after Borrower's or Operator's, as applicable, receipt of written notice thereof, without in any way limiting Section 7.1 ----------- hereof, from Lender, Lender may, but shall have no obligation to, itself perform, or cause performance of, such covenant or obligation, and the expenses of Lender incurred in connection therewith shall be payable by Borrower and Operator to Lender within ten (10) calendar days after written demand therefor. Notwithstanding the foregoing, Lender shall have no obligation to send notice to Borrower or Operator of any such failure.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Living Communities Inc)

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Lender’s Right to Perform. If Borrower or Operator ------------------------- fails to perform any covenant or obligation contained herein and such failure shall continue beyond any 110 applicable grace period and thereafter continue for a period of five Business Days after Borrower's or Operator's, as applicable, receipt of written notice thereof, without in any way limiting Section 7.1 ----------- hereof, from Lender, Lender may, but shall have no obligation to, itself perform, or cause performance of, such covenant or obligation, and the expenses of Lender incurred in connection therewith shall be payable by Borrower and Operator to Lender within ten (10) calendar days after written demand therefor. Notwithstanding the foregoing, Lender shall have no obligation to send notice to Borrower or Operator of any such failure.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Living Communities Inc)

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