Common use of Notice; Restoration Clause in Contracts

Notice; Restoration. If the Property shall be damaged or destroyed, in whole or in part, by fire or other casualty (a "Casualty"), Borrower shall give prompt notice thereof to Lender. Following the occurrence of a Casualty, Borrower, regardless of whether insurance proceeds are available (unless Lender has breached its obligation (if any) to make such insurance proceeds available pursuant to Section 7.4.1), shall promptly proceed to restore, repair, replace or rebuild the same to be of at least equal value and of substantially the same character as prior to such damage or destruction (a "Casualty Restoration"), all to be effected in accordance with applicable law

Appears in 3 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

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Notice; Restoration. If the Property shall be damaged or destroyed, in whole or in part, by fire or other casualty (a "Casualty"), Borrower shall give prompt notice thereof to Lender. Following the occurrence of a Casualty, Borrower, regardless of whether insurance proceeds are available (unless Lender has breached its obligation (if any) to make such insurance proceeds available pursuant to Section 7.4.17.4.1 below), shall promptly proceed to restore, repair, replace or rebuild the same to be of at least equal value and of substantially the same character as prior to such damage or destruction (a "Casualty Restoration"), all to be effected in accordance with applicable law

Appears in 3 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Notice; Restoration. If the Property shall be damaged or destroyed, in whole or in part, by fire or other casualty (a "Casualty"), Borrower shall give prompt notice thereof to Lender. Following the occurrence of a Casualty, Borrower, regardless of whether insurance proceeds are available (unless Lender has breached its obligation (if any) to make such insurance proceeds available pursuant to Section 7.4.1), shall promptly proceed to restore, repair, replace or rebuild the same to be of at least equal value and of substantially the same character as prior to such damage or destruction (a "Casualty Restoration"), all to be effected in accordance with applicable law

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Notice; Restoration. If the Property shall be is damaged or destroyed, in whole or in part, by fire or other casualty (a "Casualty"), Borrower shall give prompt notice thereof to Lender. Following the occurrence of a Casualty, Borrower, regardless of whether insurance proceeds are available (unless Lender has breached its obligation (if any) to make such insurance proceeds available pursuant to Section 7.4.17.4.1 hereof), shall promptly proceed to restore, repair, replace or rebuild the same Property in accordance with Legal Requirements to be of at least equal value and of substantially the same character as prior to such damage or destruction (a "Casualty Restoration"), all to be effected in accordance with applicable lawdestruction.

Appears in 1 contract

Samples: Loan Agreement (Morgans Hotel Group Co.)

Notice; Restoration. If the Property shall be is damaged or destroyed, in whole or in part, by fire or other casualty (a "Casualty"), Borrower or Manager shall give prompt notice thereof to Lender and cause all Proceeds to be paid to Lender, which shall, subject to the provisions of Section 7.4 herein, apply such Proceeds to reduce the Debt. Following the occurrence of a Casualty, BorrowerBorrower and/or Manager, regardless of whether insurance proceeds are available (unless Lender has breached its obligation (if any) to make such insurance proceeds available pursuant to Section 7.4.1)available, shall promptly proceed to restore, repair, replace or rebuild the same Property in accordance with Legal Requirements to be of at least equal value and of substantially the same character as prior to such damage or destruction (a "Casualty Restoration"), all to be effected in accordance with applicable lawdestruction.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Living Communities Inc)

Notice; Restoration. If the Property shall be is damaged or destroyed, in whole or in part, by fire or other casualty (a "Casualty"), Borrower shall give prompt notice thereof to Lender. Following the occurrence of a Casualty, Borrower, regardless of whether provided that with respect to an Insured Casualty the insurance proceeds are made available (unless Lender has breached its obligation (if any) to make such insurance proceeds available pursuant to Borrower as provided in Section 7.4.1)7.4 below, shall promptly proceed to restore, repair, replace or rebuild the same Property, and/or cause the tenants under the Property Leases to so proceed as provided in the Property Leases, in accordance with Legal Requirements to be of at least equal value and of substantially the same character as prior to such damage or destruction (a "Casualty Restoration"), all to be effected in accordance with applicable lawdestruction.

Appears in 1 contract

Samples: Loan Agreement (Gladstone Commercial Corp)

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Notice; Restoration. If the Property shall be damaged or destroyed, in whole or in part, by fire or other casualty (a "Casualty"), Borrower shall give prompt notice thereof to Lender. Following the occurrence of a Casualty, Borrower, regardless of whether insurance proceeds are available (unless Lender has breached its obligation (if any) to make such insurance proceeds available pursuant to Section 7.4.17.4.1 below), shall promptly proceed to restore, repair, replace or rebuild the same to be of at least equal value and of substantially the same character as prior to such damage or destruction (a "Casualty Restoration"), all to be effected in accordance with applicable law.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Notice; Restoration. If the Property shall be damaged or destroyed, in whole or in part, by fire or other casualty (a "Casualty"), Borrower shall give prompt notice thereof to Lender. Following the occurrence of a Casualty, BorrowerBorrowers, regardless of whether insurance proceeds are available (unless Lender has breached its obligation (if any) to make such insurance proceeds available pursuant to Section 7.4.1), shall promptly proceed to restore, repair, replace or rebuild the same to be of at least equal value and of substantially the same character as prior to such damage or destruction (a "Casualty Restoration"), all to be effected in accordance with applicable law

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Notice; Restoration. If the any Property shall be is damaged or destroyed, in whole or in part, by fire or other casualty (a "Casualty"), Borrower shall give prompt notice thereof to Lender; provided, however, that no such notice shall be required where the loss or damage is $50,000 or less and no Event of Default shall have occurred and be continuing. Following the occurrence of a Casualty, Borrower, regardless of whether insurance proceeds are available (unless Lender has breached its obligation (if any) to make such insurance proceeds available pursuant to Section 7.4.1)available, shall promptly proceed to restore, repair, replace or rebuild the same affected Property in accordance with Legal Requirements to be of at least equal value and of substantially the same character as prior to such damage or destruction (a "Casualty Restoration"), all to be effected in accordance with applicable lawdestruction.

Appears in 1 contract

Samples: Loan Agreement (Fac Realty Trust Inc)

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