Common use of Maturity of the Loan Clause in Contracts

Maturity of the Loan. All principal owing on the Loan, and all accrued interest and other sums owing under the Loan Documents not otherwise paid when due, shall be due and payable in full on the Maturity Date. Borrower shall have the option to extend the term of the Loan (the "First Extension”) from the Maturity Date (for purposes of this Section, the “Original Maturity Date”) to a date that is twelve (12) months following the Original Maturity Date (for purposes of this Section, the “First Extended Maturity Date”), and upon the expiration of the First Extension, Borrower shall have the option to extend the term of the Loan (the “Second Extension”) from the First Extended Maturity Date to a date that is twelve (12) months following the First Extended Maturity Date (for purposes of this Section, the “Second Extended Maturity Date”), each such Extension being subject to the satisfaction of each of the following conditions precedent: (a) Borrower shall provide Lender with written notice of Borrower’s request to exercise its option to extend the maturity date not more than ninety (90) days but not less than sixty (60) days prior to (i) the Original Maturity Date, in the case of the First Extension, and (ii) the First Extended Maturity Date, in the case of the Second Extension; (b) As of the date of Borrower’s delivery of notice of request to exercise its option to extend, and as of the date of the commencement of the applicable extension, no Event of Default or Unmatured Event of Default shall have occurred and be continuing, and Borrower shall so certify in writing; (c) Borrower shall certify in writing that all representations and warranties set forth in the Loan Documents remain true and correct; (d) The Debt Service Coverage Ratio for the Project for the three month period immediately preceding the then applicable Maturity Date shall have been at least 1.25 to 1.0; (e) Immediately prior to the commencement of each extension, Borrower shall pay to Lender an extension fee in the amount of one eighth of one percent (0.125%) of the total outstanding plus undisbursed Loan proceeds, as determined on the Original Maturity Date, in the case of the First Extension, and as determined on the First Extended Maturity Date, in the case of the Second Extension; (f) Borrower shall deliver to Lender, at Borrower’s sole cost and expense, such title insurance endorsements reasonably required by Lender; and (g) Borrower shall have paid all costs and expenses of Lender in connection with such extension.

Appears in 2 contracts

Samples: Loan Agreement (Grubb & Ellis Healthcare REIT, Inc.), Loan Agreement (Grubb & Ellis Healthcare REIT, Inc.)

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Maturity of the Loan. All principal owing on the Loan, and all accrued interest and other sums owing under the Loan Documents not otherwise paid when due, shall be due and payable in full on the Maturity Date. Borrower shall have the option to extend the term of the Loan (the "First Extension”) from the Maturity Date (for purposes of this Section, the “Original Maturity Date”) to a date that is twelve (12) months following the Original Maturity Date (for purposes of this Section, the “First Extended Maturity Date”), and upon the expiration of the First Extension, Borrower shall have the option to extend the term of the Loan (the “Second Extension”) from the First Extended Maturity Date to a date that is twelve (12) months following the First Extended Maturity Date (for purposes of this Section, the “Second Extended Maturity Date”), each such Extension being subject to the satisfaction of each of the following conditions precedent: (a) Borrower shall provide Lender with written notice of Borrower’s request to exercise its option to extend the maturity date not more than ninety (90) days but not less than sixty (60) days prior to (i) the Original Maturity Date, in the case of the First Extension, and (ii) the First Extended Maturity Date, in the case of the Second Extension; (b) As of the date of Borrower’s delivery of notice of request to exercise its option to extend, and as of the date of the commencement of the applicable extension, no Event of Default or Unmatured Event of Default shall have occurred and be continuing, and Borrower shall so certify in writing; (c) Borrower shall certify in writing that all representations and warranties set forth in the Loan Documents remain true and correct; (d) The Debt Service Coverage Ratio for the Project for the three month period immediately preceding the then applicable Maturity Date shall have been at least 1.25 1.15 to 1.0; (e) Immediately prior to the commencement of each extension, Borrower shall pay to Lender an extension fee in the amount of one eighth of one percent (0.125%) of the total outstanding plus undisbursed Loan proceeds, as determined on the Original Maturity Date, in the case of the First Extension, and as determined on the First Extended Maturity Date, in the case of the Second Extension; (f) Borrower shall deliver to Lender, at Borrower’s sole cost and expense, such title insurance endorsements reasonably required by Lender; and (g) Borrower shall have paid all costs and expenses of Lender in connection with such extension.

Appears in 1 contract

Samples: Loan Agreement (NNN Healthcare/Office REIT, Inc.)

Maturity of the Loan. All principal owing on the Loan, and all accrued interest and other sums owing under the Loan Documents not otherwise paid when due, shall be due and payable in full on the Maturity Date. Borrower shall have the option to extend the term of the Loan (the "First Extension”) from the Maturity Date (for purposes of this Section, the “Original Maturity Date”) to a date that is twelve (12) months following the Original Maturity Date (for purposes of this Section, the “First Extended Maturity Date”), and upon the expiration of the First Extension, Borrower shall have the option to extend the term of the Loan (the “Second Extension”) from the First Extended Maturity Date to a date that is twelve (12) months following the First Extended Maturity Date (for purposes of this Section, the “Second Extended Maturity Date”), each such Extension being subject to the satisfaction of each of the following conditions precedent: (a) Borrower shall provide Lender with written notice of Borrower’s request to exercise its option to extend the maturity date not more than ninety (90) days but not less than sixty (60) days prior to (i) the Original Maturity Date, in the case of the First Extension, and (ii) the First Extended Maturity Date, in the case of the Second Extension; (b) As of the date of Borrower’s delivery of notice of request to exercise its option to extend, and as of the date of the commencement of the applicable extension, no Event of Default or Unmatured Event of Default shall have occurred and be continuing, and Borrower shall so certify in writing; (c) Borrower shall certify in writing that all representations and warranties set forth in the Loan Documents remain true and correct; (d) The Debt Service Coverage Ratio for the Project for the three month period immediately preceding the then applicable Maturity Date shall have been at least 1.25 to 1.0; (e) Immediately prior to the commencement of each extension, Borrower shall pay to Lender an extension fee in the amount of one eighth of one percent (0.125%) of the total outstanding plus undisbursed Loan proceeds, as determined on the Original Maturity Date, in the case of the First Extension, and as determined on the First Extended Maturity Date, in the case of the Second Extension; (f) Borrower shall deliver to Lender, at Borrower’s sole cost and expense, such title insurance endorsements reasonably required by Lender; and (g) Borrower shall have paid all costs and expenses of Lender in connection with such extension.

Appears in 1 contract

Samples: Loan Agreement (Grubb & Ellis Healthcare REIT, Inc.)

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Maturity of the Loan. All principal owing (a) The Borrower shall repay the Loan in full on the Loanfirst anniversary of the Drawdown Date (the “Maturity Date”), and all accrued interest and other sums owing under unless the Loan Documents not is accelerated pursuant to this Agreement. (b) Unless otherwise paid when duedirected by the Borrower by written notice to the Lender no later than fifteen (15) Business Days prior to the Maturity Date, shall be due and payable the Lender [***] (the “New Lender”) to make available to the Borrower a loan in full the principal amount of two hundred million U.S. dollars ($200,000,000) (the “New Loan”) on the Maturity Date. The New Loan may be effected by either (i) the assignment by the Lender of its rights and obligations under the existing Loan Documentation to the New Lender and, concurrently therewith, the entry into by the New Lender, the Borrower shall have and the option to extend Guarantor of a novation agreement substituting the term New Lender for the Lender and extending the Maturity Date of the Loan (to the "First Extension”) from the Maturity Date (for purposes of this Section, the “Original Maturity Date”) to a date that is twelve (12) months following the Original Maturity Date (for purposes of this Section, the “First Extended Maturity Date”), and upon the expiration second anniversary of the First Extension, Borrower shall have the option to extend the term of the Loan Drawdown Date (the “Second ExtensionNovation Agreement”) from or (ii) the First Extended Maturity Date advance of funds to a date that is twelve (12or on behalf of) months following the First Extended Maturity Date Borrower and the entry into the New Loan Documentation. (for purposes c) In connection with the New Loan: (i) in the case of this SectionSection 2.2(b)(i), the Borrower and the Guarantor shall enter into the Novation Agreement, (ii) in the case of Section 2.2(b)(ii), the New Lender, the Borrower, the Guarantor and Micron Technology Asia Pacific shall enter into loan documentation containing terms and conditions substantially the same as this Agreement and the Pledge Agreement (the Second Extended Maturity DateNew Loan Documentation”), each such Extension being subject ; provided that the terms and conditions of the New Loan Documentation shall be no less favorable to the satisfaction of each Borrower, the Guarantor or Micron Technology Asia Pacific than the Loan Documentation and the New Loan Documentation shall not contain the representations and warranties set forth in Sections 7.4, 7.5 or 7.8. The obligation of the following conditions precedent: New Lender to provide the New Loan shall be subject to: (ai) Borrower shall provide Lender with written notice the creation and perfection of Borrower’s request to exercise its option to extend a first-priority pledge on the maturity date not more same Collateral in favor of the New Lender; and (ii) no Event of Default has occurred and is continuing (other than ninety (90) days but not less than a Non-Attributable Event). At least sixty (60) days prior to (i) the Original Maturity Date, in the case Lender will identify the New Lender to the Borrower and provide proposed drafts of the First ExtensionNovation Agreement or the New Loan Documentation, and (ii) the First Extended Maturity Date, in the case as applicable. The New Loan shall be used exclusively for repayment of the Second Extension; (b) As of Loan and shall be remitted directly to the date of Borrower’s delivery of notice of request to exercise its option to extend, and as of bank account designated by the date of the commencement of the applicable extension, no Event of Default or Unmatured Event of Default shall have occurred and be continuing, and Borrower shall so certify in writing; (c) Borrower shall certify in writing that all representations and warranties set forth in the Loan Documents remain true and correct;Lender. (d) The Debt Service Coverage Ratio for Borrower’s failure to obtain the Project for New Loan and to repay the three month period immediately preceding Loan upon the then applicable Maturity Date shall have been at least 1.25 maturity of the Loan due to 1.0; (ecause(s) Immediately prior not attributable to the commencement Borrower, the Guarantor or Micron Technology Asia Pacific (a “Non-Attributable Event”) shall not be deemed as an Event of each extension, Borrower shall pay to Lender an extension fee in the amount of one eighth of one percent (0.125%Default under Section 9.1(a) of this Agreement, it being understood that the total outstanding plus undisbursed Loan proceeds, as determined on term Non-Attributable Event includes the Original Maturity Date, in the case failure of the First ExtensionNew Lender to provide the New Loan so long as the Borrower has used commercially reasonable efforts to negotiate and enter into the New Loan Documentation with the New Lender. If a Non-Attributable Event occurs, during the period between the occurrence of such Non-Attributable Event and the date the proceeds of the New Loan are disbursed on behalf of the Borrower to the Lender’s designated bank account, (i) the Lender will not exercise any of its rights or remedies under Section 9.2, the Loan Documentation or otherwise, (ii) no assignment shall be made as set forth in Section 10.3, (iii) no setoff contemplated by Section 10.3 shall be made, and as determined on (iv) the First Extended Maturity Date, in the case of the Second Extension; (f) Borrower past due interest rate under Section 3.4 shall deliver to Lender, at Borrower’s sole cost and expense, such title insurance endorsements reasonably required by Lender; and (g) Borrower shall have paid all costs and expenses of Lender in connection with such extensionnot apply.

Appears in 1 contract

Samples: Loan Agreement (Micron Technology Inc)

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