Common use of No Default Under Leases Clause in Contracts

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 such Persons under the Leases, 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 the Administrative Agent, any right to request from the Tenant under any 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 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.)

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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 such Persons Borrower under the LeasesLeases and the REAs, 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 the Administrative AgentLender, any right to request from the Tenant under any Lease 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 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 (Digital Realty Trust, Inc.)

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 such Persons Borrower under the LeasesLeases and the REAs, 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 the Administrative AgentLender, any right to request from the Tenant under any Lease 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 the Borrower and Mortgage Property Owners may collect such security deposits and last month’s '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 (American Financial Realty Trust)

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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 such Persons Borrower under the LeasesLeases and the Operating Agreements, if the failure to perform or observe the same would have a Portfolio Material Adverse EffectAffect; (ii) exercise, within ten fifteen (1015) Business Days after a written request by the Administrative AgentLxxxxx, any right to request from the Tenant under any Lease or the party to any 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 the Borrower and Mortgage Property Owners may collect such security deposits and last month’s Rents '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: And Attornment Agreement (Parkway Properties Inc)

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