Common use of No Default Under Leases Clause in Contracts

No Default Under Leases. Borrower shall (i) promptly perform and observe all of the material terms, covenants and conditions required to be performed and observed by Borrower under the Leases and the REAs, if the failure to perform or observe the same would have a Material Adverse Effect; (ii) exercise, within ten (10) Business Days after a written request by Lender, any right to request from the Tenant under any Lease, or the party to any REAs, a certificate with respect to the status thereof and (iii) not collect any of the Rents, more than one (1) month in advance (except that Borrower may collect such security deposits and last month’s Rents as are permitted by Legal Requirements and are commercially reasonable in the prevailing market and collect other charges in accordance with the terms of each Lease).

Appears in 4 contracts

Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust)

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No Default Under Leases. Borrower shall and shall cause Operating Lessee to (i) promptly perform and observe all of the material terms, covenants and conditions required to be performed and observed by Borrower under the Leases and the REAsLeases, if the failure to perform or observe the same would have a Material Adverse Effect; (ii) exercise, within ten (10) Business Days after a written request by LenderAdministrative Agent, any right to request from the Tenant under any Lease, or the party to any REAs, Lease a certificate with respect to the status thereof and (iii) not collect any of the Rents, more than one (1) month in advance (except that Borrower may collect such security deposits and last month’s Rents as are permitted by Legal Requirements and are commercially reasonable in the prevailing market and collect other charges in accordance with the terms of each Lease).

Appears in 3 contracts

Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)

No Default Under Leases. Borrower shall (i) promptly perform and observe all of the material terms, covenants and conditions required to be performed and observed by Borrower under the Leases and the REAs, if the failure to perform or observe the same would have a Material Adverse Effect; (ii) exercise, within ten (10) Business Days after a written request by Lender, any right to request from the Tenant under any Lease, or the party to any REAs, a certificate with respect to the status thereof and (iii) not collect any of the Rents, more than one (1) month in advance (except that Borrower may collect such security deposits and last month’s 's Rents as are permitted by Legal Requirements and are commercially reasonable in the prevailing market and collect other charges in accordance with the terms of each Lease).

Appears in 1 contract

Samples: Loan and Security Agreement (American Financial Realty Trust)

No Default Under Leases. Borrower shall (i) promptly perform and observe all of the material terms, covenants and conditions required to be performed and observed by Borrower under the Leases and the REAsOperating Agreements, if the failure to perform or observe the same would have a Material Adverse EffectAffect; (ii) exercise, within ten fifteen (1015) Business Days after a written request by LenderLxxxxx, any right to request from the Tenant under any Lease, Lease or the party to any REAs, Operating Agreement a certificate with respect to the status thereof thereof; and (iii) not collect any of the Rents, Rents under the Leases more than one (1) month in advance (except that Borrower may collect such security deposits and last month’s Rents 's rents as are permitted by Legal Requirements and are commercially reasonable in the prevailing market and collect other charges in accordance with the terms of each Lease).

Appears in 1 contract

Samples: Secured Indebtedness Agreement (Parkway Properties Inc)

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No Default Under Leases. The Borrower and Mortgage Property Owners shall (i) promptly perform and observe all of the material terms, covenants and conditions required to be performed and observed by Borrower such Persons under the Leases and the REAsLeases, if the failure to perform or observe the same would have a Portfolio Material Adverse Effect; (ii) exercise, within ten (10) Business Days after a written request by Lenderthe Administrative Agent, any right to request from the Tenant under any Lease, or the party to any REAs, Lease a certificate with respect to the status thereof and (iii) not collect any of the Rents, more than one (1) month in advance (except that the Borrower and Mortgage Property Owners may collect such security deposits and last month’s Rents as are permitted by Legal Requirements of Law and are commercially reasonable in the prevailing market and collect other charges in accordance with the terms of each Lease).

Appears in 1 contract

Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)

No Default Under Leases. Borrower shall (i) promptly perform and observe all of the material terms, covenants and conditions required to be performed and observed by Borrower under the Leases and the REAs, if the failure to perform or observe the same would have a Material Adverse Effect; (ii) exercise, within ten (10) Business Days after a written request by Lender, any right to request from the Tenant under any Lease, or the party to any REAs, REAs a certificate with respect to the status thereof and (iii) not collect any of the Rents, more than one (1) month in advance (except that Borrower may collect such security deposits and last month’s Rents as are permitted by Legal Requirements and are commercially reasonable in the prevailing market and collect other charges in accordance with the terms of each Lease).

Appears in 1 contract

Samples: Loan and Security Agreement (Digital Realty Trust, Inc.)

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