Common use of Payment of Basic Carrying Costs Clause in Contracts

Payment of Basic Carrying Costs. Except to the extent that Lender is obligated to pay Basic Carrying Costs from a Basic Carrying Costs Sub-Account pursuant to the terms of Section 2.12(f), each Borrower shall pay all Basic Carrying Costs with respect to itself and its Facility in accordance with the provisions of the Related Mortgage, subject, however, to such Borrower's rights to contest payment of the same in accordance with the Related Mortgage. Each Borrower's obligation to pay (or cause Lender to pay) Basic Carrying Costs pursuant to this Agreement shall include, to the extent permitted by applicable law, Impositions resulting from future changes in law which impose upon Lender or any Deed of Trust Trustee an obligation to pay any property taxes or other Impositions or which otherwise adversely affect Lender's or the Deed of Trust Trustee's interests. (In the event such a change in law prohibits a Borrower from assuming liability for payment of any such Imposition, the outstanding Indebtedness shall, at the option of Lender, become due and payable, on the date that is 120 days after such change in law and failure to pay such amounts on the date due shall be an Event of Default.) Should an Event of Default have occurred, the proceeds on deposit in any Basic Carrying Costs Sub-Account may be applied by Lender in any manner as Lender in its sole discretion may determine.

Appears in 1 contract

Samples: Loan Agreement (Continental Health Affiliates Inc)

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Payment of Basic Carrying Costs. Except to the extent that Lender is obligated to pay Basic Carrying Costs from a the Basic Carrying Costs Sub-Account pursuant to the terms of Section 2.12(f), each Borrower shall pay all Basic Carrying Costs with respect to itself and its the Facility in accordance with the provisions of the Related Mortgage, subject, however, to such Borrower's rights to contest payment of the same in accordance with the Related Mortgage. Each Borrower's obligation to pay (or cause Lender to pay) Basic Carrying Costs pursuant to this Agreement shall include, to the extent permitted by applicable law, Impositions resulting from future changes in law which impose upon Lender or any Deed of Trust Trustee an obligation to pay any property taxes or other Impositions or which otherwise adversely affect Lender's or the Deed of Trust Trustee's interests. (In the event such a change in law prohibits a Borrower from assuming liability for payment of any such Imposition, the outstanding Indebtedness shall, at the sole option of Lender, become due and payable, payable on the date that is 120 days after such change in law law; and failure to pay such amounts on the date due shall be an Event of Default.) Should an Event of Default have occurred, the proceeds on deposit in any the Basic Carrying Costs Sub-Account may be applied by Lender in any manner as Lender in its sole discretion may determine.

Appears in 1 contract

Samples: Loan Agreement (Mark Centers Trust)

Payment of Basic Carrying Costs. Except to the extent that Lender is obligated to pay Basic Carrying Costs from a the Basic Carrying Costs Sub-Account pursuant to the terms of Section 2.12(f), each Borrower and Operator shall pay all Basic Carrying Costs with respect to itself themselves and its the Facility in accordance with the provisions of the Related MortgageMortgages, subject, however, to such Borrower's and Operator's rights to contest payment of the same in accordance with the Related MortgageMortgages. Each Borrower's The obligation of Borrower and Operator to pay (or cause Lender to pay) Basic Carrying Costs pursuant to this Agreement shall include, to the extent permitted by applicable law, Impositions resulting from future changes in law which impose upon Lender or any Deed of Trust Trustee an obligation in connection with the Loan to pay any property taxes or other Impositions or which otherwise adversely affect Lender's or the Deed of Trust Trustee's interests. (In the event such a change in law prohibits a Borrower from assuming liability for payment of any such Imposition, the outstanding Indebtedness shall, at the sole option of Lender, become due and payable, payable on the date that is 120 days after such change in law without payment of a Yield Maintenance Premium and failure to pay such amounts on the date due shall be an Event of Default.) . Should an Event of Default have occurredoccurred and be continuing, the proceeds on deposit in any the Basic Carrying Costs Sub-Account may be applied by Lender to amounts Borrower and/or Operator is obligated to pay under the Loan Documents in any manner as Lender in its sole discretion may determine.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Living Communities Inc)

Payment of Basic Carrying Costs. Except to the extent that Lender ------------------------------- is obligated to pay Basic Carrying Costs from a the Basic Carrying Costs Sub-Sub- Account pursuant to the terms of Section 2.12(f), each Borrower and Operator shall ------- ------- pay all Basic Carrying Costs with respect to itself themselves and its the Facility in accordance with the provisions of the Related MortgageMortgages, subject, however, to such Borrower's and Operator's rights to contest payment of the same in accordance with the Related MortgageMortgages. Each Borrower's The obligation of Borrower and Operator to pay (or cause Lender to pay) Basic Carrying Costs pursuant to this Agreement shall include, to the extent permitted by applicable law, Impositions resulting from future changes in law which impose upon Lender or any Deed of Trust Trustee an obligation in connection with the Loan to pay any property taxes or other Impositions or which otherwise adversely affect Lender's or the Deed of Trust Trustee's interests. (In the event such a change in law prohibits a Borrower from assuming liability for payment of any such Imposition, the outstanding Indebtedness shall, at the sole option of Lender, become due and payable, payable on the date that is 120 days after such change in law without payment of a Yield Maintenance Premium and failure to pay such amounts on the date due shall be an Event of Default.) . Should an Event of Default have occurredoccurred and be continuing, the proceeds on deposit in any the Basic Carrying Costs Sub-Account may be applied by Lender to amounts Borrower and/or Operator is obligated to pay under the Loan Documents in any manner as Lender in its sole discretion may determine.

Appears in 1 contract

Samples: Loan Agreement (Brookdale Living Communities Inc)

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Payment of Basic Carrying Costs. Except to the extent that Lender is obligated to pay Basic Carrying Costs from a the Basic Carrying Costs Sub-Account pursuant to the terms of Section 2.12(f), each Borrower shall pay all Basic Carrying Costs with respect to itself and its Facility the Facilities in accordance with the provisions of the Related MortgageDeeds of Trust, subject, however, to such Borrower's rights to contest payment of the same in accordance with the Related MortgageDeeds of Trust. Each Borrower's obligation to pay (or cause Lender to pay) Basic Carrying Costs pursuant to this Agreement shall include, to the extent permitted by applicable law, Impositions resulting from future changes in law which impose upon Lender or any Deed of Trust Trustee an obligation to pay any property taxes or other Impositions or which otherwise adversely affect Lender's or the Deed of Trust Trustee's interests. (In the event such a change in law prohibits a Borrower from assuming liability for payment of any such Imposition, the outstanding Indebtedness shall, at the sole option of Lender, become due and payable, payable on the date that is 120 days after such change in law (and failure to pay such amounts on the date due shall be an Event of Default.) )). Should an Event of Default have occurredoccurred and be continuing, the proceeds on deposit in any the Basic Carrying Costs Sub-Account may be applied by Lender in any manner as Lender in its sole discretion may determine.

Appears in 1 contract

Samples: Loan Agreement (Burnham Pacific Properties Inc)

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