Common use of Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations Clause in Contracts

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (a) disbursement of reasonable attorneys’ fees, (b) entry upon the Mortgaged Property to make repairs and replacements, (c) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (d) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03, with interest thereon, shall become additional Indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance unless collection from Borrower of interest at such rate would be contrary to Applicable Law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor Sun fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s 's option may make such appearances, disburse such sums and take such action as Lender deems reasonably necessary, in its sole discretion, to protect Lender’s 's interest, including (ai) disbursement of reasonable attorneys’ ' fees, (bii) entry upon the Mortgaged Property to make repairs and replacements, (ciii) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (div) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance unless collection from Borrower of interest at such rate would be contrary to Applicable Lawapplicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Lawapplicable law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (ai) disbursement of reasonable attorneys’ fees, (bii) entry upon the Mortgaged Property to make repairs and replacements, (ciii) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (div) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance unless collection from Borrower of interest at such rate would be contrary to Applicable Law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (a1) disbursement of reasonable attorneys’ fees, (b2) entry upon the Mortgaged Property to make repairs and replacements, (c3) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (d4) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance unless collection from Borrower of interest at such rate would be contrary to Applicable Law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Borrower Documents, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (ai) disbursement of reasonable attorneys’ fees, (bii) entry upon the Mortgaged Property to make repairs and replacements, (ciii) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (div) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Borrower Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance unless collection from Borrower of interest at such rate would be contrary to Applicable Lawapplicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s 's option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s 's interest, including (ai) disbursement of reasonable attorneys’ ' fees, (bii) entry upon the Mortgaged Property to make repairs and replacements, (ciii) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (div) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance unless collection from Borrower of interest at such rate would be contrary to Applicable Lawapplicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Lawapplicable law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (a) disbursement of reasonable attorneys’ fees, (b) entry upon the Mortgaged Property to make repairs and replacements, (c) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (d) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance the Term Loan unless collection from Borrower of interest at such rate would be contrary to Applicable Law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (ai) disbursement of reasonable attorneys’ fees, (bii) entry upon the Mortgaged Property to make repairs and replacements, (ciii) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (div) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance Loan unless collection from Borrower of interest at such rate would be contrary to Applicable Lawapplicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Lawapplicable law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (ai) disbursement of reasonable attorneys’ fees, (bii) entry upon the Mortgaged Property to make repairs and replacements, (ciii) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (div) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance the Term Loan unless collection from Borrower of interest at such rate would be contrary to Applicable Law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (a) disbursement of reasonable attorneys’ fees, (b) entry upon the Mortgaged Property to make repairs and replacementsReplacements, (c) procurement of satisfactory insurance as provided in Section paragraph 5 of the Security Instrument encumbering the Mortgaged Property, and (d) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.0318.03, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance unless collection from Borrower of interest at such rate would be contrary to Applicable Lawapplicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Lawapplicable law. Nothing contained in this Section 12.03 18.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (a) disbursement of reasonable attorneys’ fees, (b) entry upon the Mortgaged Property to make repairs and replacements, (c) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (d) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance unless collection from Borrower of interest at such rate would be contrary to Applicable Law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor Sun fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems reasonably necessary, in its sole discretion, to protect Lender’s interest, including (a) disbursement of reasonable attorneys’ fees, (b) entry upon the Mortgaged Property to make repairs and replacements, (c) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (d) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance unless collection from Borrower of interest at such rate would be contrary to Applicable Lawapplicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Lawapplicable law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower any Borrower, IDOT Guarantor or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan DocumentsDocuments for the applicable Collateral Pool, after all applicable grace periods, if any, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (ai) disbursement of reasonable attorneys’ fees, (bii) entry upon the Mortgaged Property to make repairs and replacements, (ciii) procurement of satisfactory insurance as provided in Section 5 Sections 7 and 19 of the Security Instrument encumbering the Mortgaged PropertyProperty in such Collateral Pool, and (div) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower or IDOT Guarantor and the curing of any default of Borrower or IDOT Guarantor in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.0310.03, with interest thereon, shall become additional Indebtedness of Collateral Pool Borrower secured by the applicable Collateral Pool Loan Documents. Unless the applicable Collateral Pool Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance Loan unless collection from such Borrower of interest at such rate would be contrary to Applicable Law, in which event such amounts shall bear interest at the highest rate which may be collected from such Borrower under Applicable Law. Nothing contained in this Section 12.03 10.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor Key Principal fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (ai) disbursement of reasonable attorneys’ fees, (bii) entry upon the Mortgaged Property to make repairs and replacements, (ciii) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (div) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance the Loan unless collection from Borrower of interest at such rate would be contrary to Applicable Law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower any Borrower, IDOT Guarantor or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan DocumentsDocuments for the applicable Collateral Pool, after all applicable grace periods, if any, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (ai) disbursement of reasonable attorneys’ fees, (bii) entry upon the Mortgaged Property to make repairs and replacements, (ciii) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged PropertyProperty in such Collateral Pool, and (div) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower or IDOT Guarantor and the curing of any default of Borrower or IDOT Guarantor in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.0310.03, with interest thereon, shall become additional Indebtedness of Collateral Pool Borrower secured by the applicable Collateral Pool Loan Documents. Unless the applicable Collateral Pool Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance Loan unless collection from such Borrower of interest at such rate would be contrary to Applicable Law, in which event such amounts shall bear interest at the highest rate which may be collected from such Borrower under Applicable Law. Nothing contained in this Section 12.03 10.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor fails to perform the covenants and agreements contained in this Agreement or any of the other Loan DocumentsDocuments when due or within any applicable cure period (if any) provided for herein or therein, then Lender at Lender’s option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s interest, including (a39) disbursement of reasonable attorneys’ fees, (b40) entry upon the Mortgaged Property to make repairs and replacements, (c41) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (d42) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance unless collection from Borrower of interest at such rate would be contrary to Applicable Lawapplicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Lawapplicable law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.

Lender’s Right to Protect Collateral and Perform Covenants and Other Obligations. If Borrower or Guarantor Sunrise fails to perform the covenants and agreements contained in this Agreement or any of the other Loan Documents, then Lender at Lender’s 's option may make such appearances, disburse such sums and take such action as Lender deems necessary, in its sole discretion, to protect Lender’s 's interest, including (ai) disbursement of reasonable attorneys’ ' fees, (bii) entry upon the Mortgaged Property to make repairs and replacements, (ciii) procurement of satisfactory insurance as provided in Section 5 of the Security Instrument encumbering the Mortgaged Property, and (div) if the Security Instrument is on a leasehold, exercise of any option to renew or extend the ground lease on behalf of Borrower and the curing of any default of Borrower in the terms and conditions of the ground lease. Any amounts disbursed by Lender pursuant to this Section 12.03Section, with interest thereon, shall become additional Indebtedness indebtedness of Borrower secured by the Loan Documents. Unless Borrower and Lender agree to other terms of payment, such amounts shall be immediately due and payable and shall bear interest from the date of disbursement at the weighted average, as determined by Lender, of the interest rates in effect from time to time for each Advance unless collection from Borrower of interest at such rate would be contrary to Applicable Lawapplicable law, in which event such amounts shall bear interest at the highest rate which may be collected from Borrower under Applicable Lawapplicable law. Nothing contained in this Section 12.03 shall require Lender to incur any expense or take any action hereunder.