Common use of Performance by Agent Clause in Contracts

Performance by Agent. If there shall be a Default or Event of Default in the payment, performance or observance of any term, covenant or condition of this Instrument, Agent may, so long as such Default or Event of Default continues, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Agent in connection therewith, shall be secured hereby and shall be, upon demand, immediately repaid by Grantor to Agent with interest thereon at the Default Rate. Agent shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Agent is hereby empowered to enter and to authorize others to enter upon the Land or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor or any person in possession holding under Grantor.

Appears in 8 contracts

Samples: Deed of Trust, Security Agreement, Assignment of Leases and Rents (Carter Validus Mission Critical REIT, Inc.), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Carter Validus Mission Critical REIT, Inc.), Open End Fee and Leasehold Mortgage (Carter Validus Mission Critical REIT, Inc.)

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Performance by Agent. If there shall be a Default or Event of Default in the payment, performance or observance of any term, covenant or condition of this Instrument, Agent may, so long as such Default or Event of Default continues, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Agent in connection therewith, shall be secured hereby and shall be, upon demand, immediately repaid by Grantor Mortgagor to Agent with interest thereon at the Default Rate. Agent shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Agent is hereby empowered to enter and to authorize others to enter upon the Land or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor Mortgagor or any person in possession holding under GrantorMortgagor.

Appears in 4 contracts

Samples: Act of Mortgage, Security Agreement and Assignment of Leases and Rents (Carter Validus Mission Critical REIT, Inc.), Leasehold Mortgage, Security Agreement and Assignment of Leases and Rents (Carter Validus Mission Critical REIT, Inc.), Open End Mortgage (Carter Validus Mission Critical REIT, Inc.)

Performance by Agent. If there shall be a Default At Agent’s option and without any obligation to do so, pay, perform or Event of Default in the payment, performance or observance of observe any term, covenant or condition of this InstrumentSecurity Instrument not paid, Agent may, so long as such Default performed or Event of Default continues, at its option, pay, perform or observe the sameobserved by Grantor, and all payments made or costs or expenses incurred by Agent in connection therewith, therewith shall be secured hereby and shall be, upon without demand, immediately repaid by Grantor to Agent with interest thereon at the Post-Default Rate. Agent shall be the sole judge of the necessity for any such actions and of the amounts to be paid. paid Agent is hereby empowered to enter and to authorize others to enter upon the Land Collateral or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor or any person in possession holding under Grantor.

Appears in 2 contracts

Samples: Mortgage, Security Agreement, Assignment of Leases and Rents and Fixture Filing (Morgans Hotel Group Co.), Credit Agreement (Morgans Hotel Group Co.)

Performance by Agent. If there shall be a Default or an Event of Default in the payment, performance or observance of any term, covenant or condition of this Instrument, Agent may, so long as such Default or Event of Default continues, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Agent in connection therewith, shall be secured hereby and shall be, upon demand, immediately repaid by Grantor to Agent with interest thereon at the Default RateRate within five (5) Business Days of demand. Agent shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Agent is hereby empowered to enter and to authorize others to enter upon the Land or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor or any person in possession holding under Grantor.

Appears in 2 contracts

Samples: Credit Agreement (Jernigan Capital, Inc.), Credit Agreement (Jernigan Capital, Inc.)

Performance by Agent. If there Obligor shall be a Default or Event of Default in the payment, -------------------- performance or observance of any term, covenant or condition of this Instrument, Agent may, so long as such Default or Event of Default continues, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Agent in connection therewith, shall be secured hereby and shall be, upon demand, immediately repaid by Grantor Obligor to Agent with interest thereon at the Default RateRate (as defined in the Credit Agreement). Agent shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Agent is hereby empowered to enter and to authorize others to enter upon the Land or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor Obligor or any person in possession holding under GrantorObligor.

Appears in 1 contract

Samples: Assignment of Leases and Rents (JDN Realty Corp)

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Performance by Agent. If there Obligor shall be a Default or Event of Default in the payment, performance or observance of any term, covenant or condition of this Instrument, Agent may, so long as such Default or Event of Default continues, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Agent in connection therewith, shall be secured hereby and shall be, upon demand, immediately repaid by Grantor Obligor to Agent with interest thereon at the Default RateRate (as defined in the Credit Agreement). Agent shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Agent is hereby empowered to enter and to authorize others to enter upon the Land or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor Obligor or any person in possession holding under GrantorObligor.

Appears in 1 contract

Samples: Master Credit Agreement (JDN Realty Corp)

Performance by Agent. If there shall be a Default or Event of Default in the payment, performance or observance of any term, covenant or condition of this Instrument, Agent may, so long as such Default or Event of Default continues, at its option, pay, perform or observe the same, and all payments made or costs or expenses incurred by Agent in connection therewith, shall be secured hereby and shall be, upon demand, immediately repaid by Grantor to Agent with interest thereon at the Default Raterate of interest for overdue amounts set forth in Section 4.12 of the Credit Agreement. Agent shall be the sole judge of the necessity for any such actions and of the amounts to be paid. Agent is hereby empowered to enter and to authorize others to enter upon the Land or any part thereof for the purpose of performing or observing any such defaulted term, covenant or condition without thereby becoming liable to Grantor or any person in possession holding under Grantor.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Republic Property Trust)

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