Common use of Performance by Borrower Clause in Contracts

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 19 contracts

Samples: Loan Agreement (AmREIT, Inc.), Loan Agreement (Strategic Storage Trust, Inc.), Loan Agreement (American Assets Trust, Inc.)

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Performance by Borrower. (a) Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed of each Loan Document executed and performed by delivered by, or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower under this Agreement and without the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoprior written consent of Lender.

Appears in 14 contracts

Samples: Mezzanine Loan Agreement (CNL Healthcare Trust, Inc.), Mezzanine Loan Agreement (Global Income Trust, Inc.), Management Agreement (Piedmont Office Realty Trust, Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or of changes thereto.

Appears in 8 contracts

Samples: Loan Agreement (Gaia, Inc), Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (American Realty Capital Trust III, Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property Collateral and any amendments, modifications or changes thereto.

Appears in 4 contracts

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

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill in all material respects each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 4 contracts

Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and cause Operating Lessee to observe, perform and fulfill in a timely manner each and every covenant, term and provision to be observed and performed by Operating Lessee under any other agreement or instrument affecting or pertaining to the each Individual Property and any amendments, modifications or changes thereto.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Capital Lodging), Loan Agreement (Capital Lodging), Loan Agreement (Corporate Property Associates 16 Global Inc)

Performance by Borrower. Borrower shall (a) in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Mortgage, the Note and the other Loan Documents and (b) in a timely manner observe, perform and fulfill, in all material respects, its material obligations under any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or of changes thereto.

Appears in 4 contracts

Samples: Loan Agreement (Industrial Income Trust Inc.), Loan Agreement (Industrial Income Trust Inc.), Loan Agreement (Dividend Capital Total Realty Trust Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property Collateral and any amendments, modifications or changes thereto.

Appears in 4 contracts

Samples: Management Agreement (Ashford Hospitality Trust Inc), Letter Agreement (Ashford Hospitality Trust Inc), Management Agreement (Ashford Hospitality Trust Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under pursuant to the terms of this Agreement and the other Loan Documents Documents, and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 1 contract

Samples: Loan Agreement (KBS Growth & Income REIT, Inc.)

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Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed of each Loan Document 44 executed and performed by delivered by, or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower under this Agreement and without the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoprior written consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the any Property and any amendments, modifications or changes thereto.

Appears in 1 contract

Samples: Loan Agreement (RFS Partnership Lp)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and in all material respects, any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 1 contract

Samples: Loan Agreement (Ashworth Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed of each Loan Document executed and performed delivered by Borrower under this Agreement (or shall cause such observance performance and fulfillment), and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by Borrower without the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoprior consent of Lender.

Appears in 1 contract

Samples: Loan Agreement (Corporate Property Associates 16 Global Inc)

Performance by Borrower. Borrower shall in a timely manner (subject to any notice, cure and/or contest rights expressly provided for in the Loan Documents) observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 1 contract

Samples: Loan Agreement (Sunstone Hotel Investors, Inc.)

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