Common use of Liens, Attachment; Condemnation Clause in Contracts

Liens, Attachment; Condemnation. (i) The recording of any claim of lien against any Asset or the service on Lender of any bonded stop notice relating to the Loan and the continuance of such claim of lien or bonded stop notice for forty-five (45) days after the date on which Borrower or any Affiliate becomes aware of such claim of lien days without discharge, satisfaction or provision for payment (including a bond, cash deposit or other security reasonably satisfactory to Lender, so long as the Property nor any interest therein would not be in any danger of sale, loss or forfeiture) being made by Borrower or such Affiliate in a manner satisfactory to Lender; or (ii) the condemnation, seizure or appropriation of, or occurrence of an uninsured casualty with respect to any material portion of the Assets, provided, however, that such shall not be an Event of Default if Borrower is otherwise performing its obligations under this Agreement and (y) in the event of an uninsured casualty with respect to any material portion of the Assets, Borrower pays to Lender an amount equal to the shortfall of any insurance proceeds required for the restoration therefor or, (z) in the event there is a condemnation, seizure or appropriation of any material portion of the Assets, condemnation proceeds are remitted to Lender, or Borrower otherwise pays to Lender, an amount equal to the diminution of the Assets, as reasonably determined by Lender; or (iii) the sequestration or attachment of, or any levy or execution upon any of the Assets, any other collateral provided by Borrower or an Affiliate under any of the Loan Documents, any monies in the Reserves, or any substantial portion of the other assets of Borrower, which sequestration, attachment, levy or execution is not released, expunged or dismissed prior to the earlier of forty-five (45) days or the sale of the assets affected thereby; or

Liens, Attachment; Condemnation. (i) The recording of any claim of lien against any Asset the Property or Improvements or the service on Lender of any bonded stop notice relating to the Loan and the continuance of such claim of lien or bonded stop notice for forty-five (45) days after the date on which Borrower or any Affiliate becomes aware of such claim of lien days without discharge, satisfaction or provision for payment (including a bond, cash deposit or other security reasonably satisfactory to Lender, so long as the Property nor any interest therein would not be in any danger of sale, loss or forfeiture) being made by Borrower or such Affiliate in a manner satisfactory to Lender; or (ii) the condemnation, seizure or appropriation of, or occurrence of an uninsured casualty with respect to any material portion of the AssetsProperty or Improvements, provided, however, that such shall not be an Event of Default if Borrower is otherwise performing its obligations under this Agreement and (y) in the event of an uninsured casualty with respect to any material portion of the AssetsProperty or Improvements, Borrower pays to Lender an amount equal to the shortfall of any insurance proceeds required for the restoration therefor or, (z) in the event there is a condemnation, seizure or appropriation of any material portion of the AssetsProperty or Improvements, condemnation proceeds are remitted to Lender, or Borrower otherwise pays to Lender, an amount equal to the diminution of the AssetsProperty or Improvements, as reasonably determined by Lender; or (iii) the sequestration or attachment of, or any levy or execution upon any of the AssetsProperty or Improvements, any other collateral provided by Borrower or an Affiliate under any of the Loan Documents, any monies in the Reserves, or any substantial portion of the other assets of Borrower, which sequestration, attachment, levy or execution is not released, expunged or dismissed prior to the earlier of forty-five (45) days or the sale of the assets affected thereby; or

Liens, Attachment; Condemnation. (i) The recording of any claim of lien against any Asset the Property or Improvements or the service on Lender giving to Borrower of any bonded stop notice of unpaid claims for work, material or specially fabricated items or of a contractual retainage claim relating to the Loan Property or Improvements and the continuance of such lien claim of lien or bonded stop notice for forty-five unless Borrower shall have, within thirty (4530) days after the date on which Borrower such recordation or any Affiliate becomes aware of notice thereof or five (5) days after Lender’s demand therefor, whichever first occurs, either (A) contests same in a manner and with such claim of lien days without discharge, satisfaction or provision for payment (including a bond, cash deposit or other security assurances thereof that are reasonably satisfactory acceptable to Lender, so long as the Property nor any interest therein would not be in any danger of sale(B) discharges, loss releases or forfeituresatisfies same, (C) being made by Borrower or such Affiliate provides for payment thereof in a manner satisfactory to Lender; , or (ii) the condemnation, seizure or appropriation of, or occurrence of an uninsured casualty (except if Borrower is able to restore same at its sole expense and for which such funds have been deposited into the Borrower’s Funds Account) with respect to any material portion of the Assets, Property or Improvements (provided, however, that such shall not be an Event the condemnation of Default if Borrower is otherwise performing its obligations under this Agreement and (y) in the event of an uninsured casualty with respect to any a material portion of the Assets, Borrower pays to Lender an amount equal to Property or Improvements shall not constitute a Default if and so long as no other Default exists and the shortfall of any insurance proceeds required for Loan is repaid in full within one hundred twenty (120) days after the restoration therefor or, (z) in the event there is a condemnation, seizure or appropriation of any material portion date of the Assets, condemnation proceeds are remitted to Lender, or Borrower otherwise pays to Lender, an amount equal to the diminution of the Assets, as reasonably determined by Lendercondemnation); or (iii) the sequestration or attachment of, or any levy or execution upon any of the AssetsProperty or Improvements, any other collateral provided by Borrower or an Affiliate under any of the Loan Documents, any monies in the ReservesAccount or in the Borrower’s Funds Account, or any substantial portion of the other assets of Borrower, which sequestration, attachment, levy or execution is not released, expunged or dismissed prior to the earlier of forty-five thirty (4530) days or the sale of the assets affected thereby; or