Common use of Notice and Cure Clause in Contracts

Notice and Cure. If any provision of this Deed of Trust or any other Loan Document provides for Holder to give to Grantor any notice regarding a default or incipient default, then if Holder shall fail to give such notice to Grantor as provided, the sole and exclusive remedy of Grantor for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and to have any acceleration of the maturity of the Loan and the Secured Indebtedness postponed or revoked and foreclosure proceedings in connection therewith delayed or terminated pending or upon the curing of such default in the manner and during the period of time permitted by such agreement, if any, and Grantor shall have no right to damages or any other type of relief not herein specifically set out against Holder or Lenders, all of which damages or other relief are hereby waived by Grantor. Nothing herein or in any other Loan Document shall operate or be construed to add on or make cumulative any cure or grace periods specified in any of the Loan Documents.

Appears in 8 contracts

Samples: First Lien Deed of Trust, Assignment of Rents and Leases, Security Agreement and Fixture Filing (Prospect Medical Holdings Inc), First Lien Deed of Trust (Prospect Medical Holdings Inc), Second Lien Deed of Trust (Prospect Medical Holdings Inc)

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Notice and Cure. If any provision of this Deed of Trust or any other Loan Document provides for Holder to give to Grantor any notice regarding a default or incipient default, then if Holder shall fail to give such notice to Grantor as provided, the sole and exclusive remedy of Grantor for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and to have any acceleration of the maturity of the Loan Note and the Secured Indebtedness postponed or revoked and foreclosure proceedings in connection therewith delayed or terminated pending or upon the curing of such default in the manner and during the period of time permitted by such agreement, if any, and Grantor shall have no right to damages or any other type of relief not herein specifically set out against Holder or LendersHolder, all of which damages or other relief are hereby waived by Grantor. Nothing herein or in any other Loan Document shall operate or be construed to add on or make cumulative any cure or grace periods specified in any of the Loan Documents.

Appears in 3 contracts

Samples: Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement (Interline Resources Corp), Deed of Trust, Assignment of Rents and Leases, Security Agreement and Financing Statement (Interline Resources Corp), Deed of Trust (American Medical Technologies Inc/De)

Notice and Cure. If any provision of this Deed of Trust Mortgage or any other Loan Document provides for Holder to give to Grantor any notice regarding a default or incipient default, then if Holder Agent shall fail to give such notice to Grantor as provided, the sole and exclusive remedy of Grantor for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and to have any acceleration of the maturity of the Loan Notes and the Secured Indebtedness secured indebtedness postponed or revoked and foreclosure proceedings in connection therewith delayed or terminated pending or upon the curing of such default in the manner and during the period of time permitted by such agreement, if any, and Grantor shall have no right to damages or any other type of relief not herein specifically set out against Holder Agent or Lendersany other Holder, all of which damages or other relief are hereby waived by Grantor. Nothing herein or in any other Loan Document shall operate or be construed to add on or make cumulative any cure or grace periods specified in any of the Loan Documents.

Appears in 1 contract

Samples: Leasehold Deed of Trust, Assignment, Security Agreement and Financing Statement (Packaged Ice Inc)

Notice and Cure. If any provision of this Deed of Trust Agreement or any other Loan Document provides for Holder Lender to give to Grantor Borrower any notice regarding a default or incipient default, then if Holder Lender shall fail to give such notice to Grantor Borrower as provided, the sole and exclusive remedy of Grantor Borrower for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and to have any acceleration of the maturity of the Loan and the Secured Note or other Indebtedness postponed or revoked and foreclosure and other proceedings in connection therewith delayed or terminated pending or upon the curing of such default in the manner and during the period of time permitted by such agreement, if any, and Grantor Borrower shall have no right to damages or any other type of relief not herein specifically set out against Holder or LendersLender, all of which damages or other relief are hereby waived by GrantorBorrower. Nothing herein or in any other Loan Document shall operate or be construed to add on or make cumulative any cure or grace periods specified in any of the Loan Documents.

Appears in 1 contract

Samples: Term Loan Agreement (Candlewood Hotel Co Inc)

Notice and Cure. If any provision of this Deed of Trust or any other Loan Document provides for Holder Agent to give to Grantor any notice regarding a default or incipient default, then if Holder Agent shall fail to give such notice to Grantor as provided, the sole and exclusive remedy of Grantor for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and to have any acceleration of the maturity of the Loan Notes and the Secured Indebtedness secured indebtedness postponed or revoked and foreclosure proceedings in connection therewith delayed or terminated pending or upon the curing of such default in the manner and during the period of time permitted by such agreement, if any, and Grantor shall have no right to damages or any other type of relief not herein specifically set out against Holder or LendersAgent, all of which damages or other relief are hereby waived by Grantor. Nothing herein or in any other Loan Document shall operate or be construed to add on or make cumulative any cure or grace periods specified in any of the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

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Notice and Cure. If any provision of this Deed of Trust Agreement or any other Loan Document provides for Holder Agent to give to Grantor Borrowers any notice regarding a default Default or incipient defaultPotential Default, then if Holder Agent shall fail to give such notice to Grantor Borrowers as provided, the sole and exclusive remedy of Grantor Borrowers for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and to have any acceleration of the maturity of the Loan Note and the Secured Indebtedness Obligation postponed or revoked and foreclosure proceedings in connection therewith delayed or terminated pending or upon the curing of such default Default in the manner and during the period of time permitted by such agreement, if any, and Grantor Borrowers shall have no right to damages or any other type of relief not herein specifically set out against Holder or LendersAgent, all of which damages or other relief are hereby waived by GrantorBorrowers. Nothing herein or in any other Loan Document shall operate or be construed to add on or make cumulative any cure or grace periods specified in any of the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (American Industrial Properties Reit Inc)

Notice and Cure. If any provision of this Deed of Trust Mortgage or any other Loan Document provides for Holder to give to Grantor any notice regarding a default or incipient default, then if Holder shall fail to give such notice to Grantor as provided, the sole and exclusive remedy of Grantor for such failure shall be to seek appropriate equitable relief to enforce the agreement to give such notice and to have any acceleration of the maturity of the Loan Note and the Secured Indebtedness secured indebtedness postponed or revoked and foreclosure proceedings in connection therewith delayed or terminated pending or upon the curing of such default in the manner and during the period of time permitted by such agreement, if any, and Grantor shall have no right to damages or any other type of relief not herein specifically set out against Holder or LendersHolder, all of which damages or other relief are hereby waived by Grantor. Nothing herein or in any other Loan Document shall operate or be construed to add on or make cumulative any cure or grace periods specified in any of the Loan Documents.

Appears in 1 contract

Samples: Deed of Trust (Apartment Investment & Management Co)

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