No Notice or Grace Period. There shall be no grace period and no notice provision with respect to the payment of principal at Maturity and no grace period and no notice provision with respect to defaults related to the voluntary filing of bankruptcy or reorganization proceedings or an assignment for the benefit of creditors, or with respect to nonmonetary defaults which are not reasonably capable of being cured, or with respect to a breach of material warranty or representation under Section 8.1. (regarding Financial Information), or with respect to material breaches under Section 9.6 (Restrictions on Liens, Transfers and Additional Debt), and Section 9.7 (Limits on Guaranties). In addition, the below provisions of this Section 11.2 shall not be applicable where a grace or notice period is otherwise specifically provided for.
Appears in 2 contracts
Samples: Loan Agreement (STW Resources Holding Corp.), Loan Agreement (STW Resources Holding Corp.)
No Notice or Grace Period. There shall be no grace period and no requirement of notice provision with respect to the payment of principal at Maturity and no grace period and no requirement of notice provision with respect to defaults related to the voluntary filing of bankruptcy or reorganization proceedings or an a general assignment for the benefit of creditors, or with respect to nonmonetary non-monetary defaults which are not reasonably capable of being cured, cured or with respect to a breach of material warranty or representation under Section 8.1. (regarding Financial 6.1.(Financial Information), or with respect to material breaches under Section 9.6 7.3 (Financial Covenants), Section 7.4 (Indebtedness and Restrictions on Liens, Transfers and Additional Debt), and Section 9.7 7.7 (Limits Limitations on GuarantiesCertain Transactions). In addition, the below provisions Section 9.1.6 (Change of this Control) or Section 11.2 shall not be applicable where a grace or notice period is otherwise specifically provided for9.1.7 (Judgments).
Appears in 2 contracts
Samples: Credit Agreement (Hines Real Estate Investment Trust Inc), Term Loan Agreement (Hines Real Estate Investment Trust Inc)
No Notice or Grace Period. There shall be no grace period and no requirement of notice provision with respect to the payment of principal at Maturity and no grace period and no requirement of notice provision with respect to defaults related to the voluntary filing of bankruptcy or reorganization proceedings or an a general assignment for the benefit of creditors, or with respect to nonmonetary non-monetary defaults which are not reasonably capable of being cured, cured or with respect to a breach of material warranty or representation under Section 8.16.1. (regarding Financial Information), or with respect to material breaches under Section 9.6 7.3 (Financial Covenants), Section 7.4 (Indebtedness and Restrictions on Liens, Transfers and Additional Debt), and Section 9.7 7.7 (Limits Limitations on GuarantiesCertain Transactions). In addition, the below provisions Section 9.1.6 (Change of this Control) or Section 11.2 shall not be applicable where a grace or notice period is otherwise specifically provided for9.1.7 (Judgments).
Appears in 1 contract
Samples: Term Loan Agreement (Hines Real Estate Investment Trust Inc)
No Notice or Grace Period. There shall be no grace period and no notice provision from Lender required with respect to the payment of principal at Maturity maturity and no grace period and no notice provision with respect to defaults related to the voluntary filing of bankruptcy or reorganization proceedings or an assignment for the benefit of creditorsdescribed in Section 11.1.6, or with respect to nonmonetary defaults Defaults which are not reasonably capable of being cured, or with respect to a breach of material warranty or representation under Section 8.1. Sections 8.1 (regarding Financial Information), or 8.1.4 (regarding Approved Construction Documents), or with respect to material breaches under Section Sections 9.6 (Restrictions on Liens, Transfers and Additional Debt), and Section 9.7 (Limits on Guaranties). In addition, the below provisions Guaranties and Distributions of this Section 11.2 shall not be applicable where a grace or notice period is otherwise specifically provided forAgreement), 9.21 (Financial Covenants - ARC) and 9.22 (Financial Covenants - Project).
Appears in 1 contract
Samples: Construction Loan Agreement (American Retirement Corp)
No Notice or Grace Period. There shall be no grace period and no notice provision with respect to the payment of principal at Maturity maturity and no grace period and no notice provision with respect to defaults related to the voluntary filing of bankruptcy or reorganization proceedings or an assignment for the benefit of creditors, or with respect to nonmonetary defaults which are not reasonably capable of being cured, or with respect to a breach of material warranty or representation under Section 8.1. (regarding Financial Information), or with respect to material breaches under Section 9.6 (Restrictions on Liens, Transfers and Additional Debt), and Section 9.7 (Limits on GuarantiesGuaranties and Distributions). In addition, the below provisions of this Section 11.2 shall not be applicable where a grace 11.1.7 (Swap Contract Termination), Section 9.20 (Financial Covenants) (except as otherwise expressly set forth in said Section 9.20) or notice period is otherwise specifically provided forSection 9.21 (Distribution Account).
Appears in 1 contract
Samples: Revolving Credit Agreement (TNP Strategic Retail Trust, Inc.)
No Notice or Grace Period. There shall be no grace period and no notice provision with respect to the payment of principal at Maturity and no grace period and no notice provision with respect to defaults related to the voluntary filing of bankruptcy or reorganization proceedings or an assignment for the benefit of creditors, or with respect to nonmonetary defaults which are not reasonably capable of being cured, or with respect to a breach of material warranty or representation under Section 8.1. 8.1 (regarding Financial Information), or with respect to material breaches under Section 9.6 (Restrictions on Liens, Transfers and Additional Debt), and Section 9.7 (Limits on Guaranties). In addition, the below provisions of this Section 11.2 shall not be applicable where a grace or notice period is otherwise specifically provided for.
Appears in 1 contract
No Notice or Grace Period. There shall be no grace period and no notice provision with respect to the payment of principal at Maturity maturity and no grace period and no notice provision with respect to defaults related to the voluntary filing of bankruptcy or reorganization proceedings or an assignment for the benefit of creditors, or with respect to nonmonetary defaults which are not reasonably capable of being cured, or with respect to a breach of material warranty or representation under Section Sections 8.1. (regarding Financial Information), or with respect to material breaches under Section Sections 9.6 (Restrictions on Liens, Transfers and Additional Debt)) except as provided in Section 9.6, and Section 9.7 (Limits on GuarantiesGuaranties and Distributions). In addition, the below provisions of this 9.28 (Tenant-in-Common Rights), and with respect to Section 11.2 shall not be applicable where a grace or notice period is otherwise specifically provided for11.1.9 (Tenant in Common Default).
Appears in 1 contract