Common use of OTHER LOAN DOCUMENT DEFAULTS Clause in Contracts

OTHER LOAN DOCUMENT DEFAULTS. To the extent any such failure, breach or inaccuracy has, or would have, a Material Adverse Effect, the failure by a Borrower or Homestead to perform or observe, as and when required, any covenant, agreement, obligation or condition required to be performed or observed under this Agreement or under any of the other Loan Documents other than as set forth elsewhere in this Article 7 (for which no additional grace or cure period is given by this Section 7.2, or the existence of any breach or inaccuracy in any of the representations, covenants or warranties set forth in this Agreement or in any of the other Loan Documents, provided, however, that (i) no Event of Default shall exist hereunder on account of a breach of any representation, warranty or covenant set forth in any of the other Loan Documents (other than this Agreement) until Homestead or such Borrower, as applicable, shall have failed to cure such breach within any applicable notice and cure period therein provided; and (ii) no Event of Default shall exist hereunder on account of a breach of any representation, warranty or covenant contained herein unless and until Atlantic shall provide written notice of such breach to Homestead or such Borrower and such entity shall fail to cure the same within 30 days after receipt of such notice, provided if such breach is of such a nature that it cannot be cured within such 30 day period, it shall not constitute an Event of Default hereunder so long as Homestead or such Borrower, as applicable, commences its cure of such breach within such 30 day period and thereafter diligently and continuously proceeds with the curing of same within a reasonable period of time not to exceed 180 days.

Appears in 3 contracts

Samples: Funding Commitment Agreement (Security Capital Atlantic Inc), Funding Commitment Agreement (Homestead Village Inc), Funding Commitment Agreement (Security Capital Pacific Trust)

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OTHER LOAN DOCUMENT DEFAULTS. To the extent any such failure, breach or inaccuracy has, or would have, a Material Adverse Effect, the failure by a Borrower or Homestead to perform or observe, as and when required, any covenant, agreement, obligation or condition required to be performed or observed under this Agreement or under any of the other Loan Documents other than as set forth elsewhere in this Article 7 (for which no additional grace or cure period is given by this Section 7.2, or the existence of any breach or inaccuracy in any of the representations, covenants or warranties set forth in this Agreement or in any of the other Loan Documents, provided, however, that (i) no Event of Default shall exist hereunder on account of a breach of any representation, warranty or covenant set forth in any of the other Loan Documents (other than this Agreement) until Homestead or such Borrower, as applicable, shall have failed to cure such breach within any applicable notice and cure period therein provided; and (ii) no Event of Default shall exist hereunder on account of a breach of any representation, warranty or covenant contained herein unless and until Atlantic PTR shall provide written notice of such breach to Homestead or such Borrower and such entity shall fail to cure the same within 30 days after receipt of such notice, provided if such breach is of such a nature that it cannot be cured within such 30 day period, it shall not constitute an Event of Default hereunder so long as Homestead or such Borrower, as applicable, commences its cure of such breach within such 30 day period and thereafter diligently and continuously proceeds with the curing of same within a reasonable period of time not to exceed 180 days.

Appears in 2 contracts

Samples: Funding Commitment Agreement (Security Capital Group Inc/), Funding Commitment Agreement (Homestead Village Inc)

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OTHER LOAN DOCUMENT DEFAULTS. To the extent any such failure, breach or inaccuracy has, or would have, a Material Adverse Effect, the failure by a Borrower or Homestead to perform or observe, as and when required, any covenant, agreement, obligation or condition required to be performed or observed under this Agreement or under any of the other Loan Documents other than as set forth elsewhere in this Article 7 (for which no additional grace or cure period is given by this Section --------- ------- 7.2, or the existence of any breach or inaccuracy in any of the representations, --- covenants or warranties set forth in this Agreement or in any of the other Loan Documents, provided, however, that (i) no Event of Default shall exist hereunder on account of a breach of any representation, warranty or covenant set forth in any of the other Loan Documents (other than this Agreement) until Homestead or such Borrower, as applicable, shall have failed to cure such breach within any applicable notice and cure period therein provided; and (ii) no Event of Default shall exist hereunder on account of a breach of any representation, warranty or covenant contained herein unless and until Atlantic PTR shall provide written notice of such breach to Homestead or such Borrower and such entity shall fail to cure the same within 30 days after receipt of such notice, provided if such breach is of such a nature that it cannot be cured within such 30 day period, it shall not constitute an Event of Default hereunder so long as Homestead or such Borrower, as applicable, commences its cure of such breach within such 30 day period and thereafter diligently and continuously proceeds with the curing of same within a reasonable period of time not to exceed 180 days.

Appears in 1 contract

Samples: Funding Commitment Agreement (Security Capital Pacific Trust)

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