Payment for Labor and Materials. (a) Subject to Section 4.16(b) below, Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 12 contracts
Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.)
Payment for Labor and Materials. (a) Subject to Section 4.16(b) below), Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 9 contracts
Samples: Loan Agreement, Loan Agreement (Priam Properties Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Payment for Labor and Materials. (a) Subject to Section 4.16(b) below), Borrower will promptly pay (pay, or cause to be paid) paid pursuant to the terms of any applicable Lease, when due all bills and costs for labor, materials, and specifically fabricated materials incurred by Borrower in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 3 contracts
Samples: Loan Agreement (Cole Corporate Income Trust, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)
Payment for Labor and Materials. (a) Subject to Section 4.16(b4.17(b) below, Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 3 contracts
Samples: Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Loan Agreement (New England Realty Associates Limited Partnership)
Payment for Labor and Materials. (a) Subject to Section 4.16(b3.6(b) belowhereof, Individual Borrower will promptly pay (or cause to be paid) paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property (any such bills and costs, a “Work Charge”) and never not permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, hereof except for the Permitted Encumbrances.
Appears in 2 contracts
Samples: Agreement and Fixture Filing (Excel Trust, L.P.), Agreement and Fixture Filing (Excel Trust, L.P.)
Payment for Labor and Materials. (a) Subject to Section 4.16(b) below), Borrower will promptly pay (or cause to be paid) paid when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property (any such bills and costs, a “Work Charge”) and and, subject to Section 4.16(b), never permit to exist in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 2 contracts
Samples: Loan Agreement, Loan Agreement (Consolidated Tomoka Land Co)
Payment for Labor and Materials. (a) Subject to Section 4.16(b) below, Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred by or on behalf of Borrower in connection with the Property (any such bills and costs, a “Work Charge”) and never not permit to exist in respect of the Property or any part thereof any lien or security interestinterest with respect to such Work Charges, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 2 contracts
Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.), Loan Agreement (American Realty Capital New York City REIT, Inc.)
Payment for Labor and Materials. (a) Subject to Section 4.16(b) below, Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred by or on behalf of Borrower in connection with the each Individual Property (any such bills and costs, a “Work Charge”) and never not permit to exist in respect of the any Individual Property or any part thereof any lien or security interestinterest with respect to such Work Charges, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the any Individual Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security InstrumentInstruments, except for the Permitted Encumbrances.
Appears in 2 contracts
Samples: Loan Agreement (American Finance Trust, Inc), Loan Agreement (American Finance Trust, Inc)
Payment for Labor and Materials. (a) Subject to the provisions of Section 4.16(b3.12(b) below, Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereofcreated hereby or by the other Loan Documents, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and or by the Security Instrumentother Loan Documents, except for the Permitted EncumbrancesEncumbrances (defined below).
Appears in 1 contract
Samples: Security Agreement (Talon Real Estate Holding Corp.)
Payment for Labor and Materials. (a) Subject to Section 4.16(b7.16(b) belowhereof, Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 1 contract
Samples: Loan Agreement (Gaia, Inc)
Payment for Labor and Materials. (a) Subject to Section 4.16(b) below), Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 1 contract
Payment for Labor and Materials. (a) Subject to Borrower’s contest rights under Section 4.16(b) below4.2(c), Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 1 contract
Samples: Loan Agreement (Alexanders Inc)
Payment for Labor and Materials. (a) Subject to Section 4.16(b) below), Borrower Borrowers will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 1 contract
Payment for Labor and Materials. (a) Subject to Section 4.16(b) below), Borrower will will, or shall cause Operating Tenant to, promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the Property or any part thereof any lien or security interestinterest with respect to Work Charges, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 1 contract
Payment for Labor and Materials. (a) Subject to Section 4.16(b) below, Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property Properties (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the any Individual Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the any Individual Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security InstrumentInstruments, except for the Permitted Encumbrances.
Appears in 1 contract
Samples: Loan Agreement (American Realty Capital Trust III, Inc.)
Payment for Labor and Materials. (a) Subject to Section 4.16(b) below, Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred by or on behalf of Borrower in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 1 contract
Samples: Loan Agreement (SITE Centers Corp.)
Payment for Labor and Materials. (a) Subject to Section 4.16(b3.6(b) belowhereof, Individual Borrower will promptly pay (pay, or cause to be paid) , when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property (any such bills and costs, a “Work Charge”) and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, hereof except for the Permitted Encumbrances.
Appears in 1 contract
Samples: Mortgage and Security Agreement (BlueLinx Holdings Inc.)
Payment for Labor and Materials. (a) Subject to Section 4.16(b) below, Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property (any such bills and costs, a “"Work Charge”") and never permit to exist in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security Instrument, except for the Permitted Encumbrances.
Appears in 1 contract
Payment for Labor and Materials. (a) Subject to Section 4.16(b) and Section 10.1 below, Borrower will promptly pay (or cause to be paid) when due all bills and costs for labor, materials, and specifically fabricated materials incurred in connection with the Property Properties (any such bills and costs, a “Work Charge”) and never permit to exist in respect of the any Individual Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the any Individual Property or any part thereof any other or additional lien or security interest other than the liens or security interests created hereby and by the Security InstrumentInstruments, except for the Permitted Encumbrances.
Appears in 1 contract