Common use of Performance of Defaulted Acts Clause in Contracts

Performance of Defaulted Acts. From and after the occurrence and during the continuance of an Event of Default, Mortgagee may, but need not, make any payment or perform any act herein required of Mortgagor in any form and manner deemed expedient, including making full or partial payments of principal or interest on prior encumbrances, if any, making rental payments and purchasing, discharging, compromising or settling any tax lien or other prior lien or title or claim thereof, or redeeming from any tax sale or forfeiture affecting the Collateral or contesting any tax or assessment, in each case, other than taxes not required to be discharged pursuant to the Credit Agreement and Liens not permitted pursuant to Section 6.02 of the Credit Agreement. All reasonable and documented out-of-pocket moneys paid for any of the purposes herein authorized and all expenses paid or incurred in connection therewith, including reasonable and documented out-of-pocket attorneys’ fees, shall be included among the Secured Obligations and shall be due and payable in accordance with Section 9.03 of the Credit Agreement and with interest thereon from the date due or expense at the rate of interest payable after an Event of Default under the terms of the Credit Agreement. Inaction of Mortgagee shall never be considered as a waiver of any right accruing to it hereunder on account of any default on the part of Mortgagor. Mortgagee, making any payment hereby authorized relating to taxes or assessments, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof.

Performance of Defaulted Acts. From and after the occurrence and during the continuance of an Event of Default, Mortgagee mayBeneficiary may (without prejudice to its other rights and remedies), but need not, make any payment or perform any act herein required of Mortgagor Trustor herein, in the Indenture or in any other Transaction Document, in each case in any form and manner deemed expedient, including without limitation making full or partial payments of principal or interest on prior encumbrances, if any, making rental payments and purchasing, discharging, compromising or settling any tax lien Lien or other prior lien Lien or title or claim thereof, or redeeming from any tax sale or forfeiture affecting the Collateral Trust Property or contesting any tax or assessment, in each case, other than taxes not required to be discharged pursuant to the Credit Agreement and Liens not permitted pursuant to Section 6.02 of the Credit Agreement. All reasonable and documented out-of-pocket moneys monies paid for any of the purposes herein authorized and all expenses paid or incurred in connection therewith, including reasonable and documented outattorneys' fees (including reasonable fees of in-of-pocket attorneys’ feeshouse counsel), shall be included among the Secured Obligations and shall be due and payable in accordance with Section 9.03 of the Credit Agreement upon demand and with interest thereon from the date due of such payment or expense at the rate of interest payable after an Event of Default under the terms of the Credit AgreementRate. Inaction of Mortgagee Beneficiary shall never be considered as a waiver of any right accruing to it hereunder on account of any default on the part of MortgagorTrustor. MortgageeBeneficiary, in making any payment hereby authorized relating to taxes or assessments, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien Lien or title or claim thereof.

Performance of Defaulted Acts. From and after the occurrence and during the continuance of an Event of Default, Mortgagee may, but need not, make any payment or perform any act herein required of Mortgagor in any form and manner deemed expedient, including making full or partial payments of principal or interest on prior encumbrances, if any, making rental payments and purchasing, discharging, compromising or settling any tax lien or other prior lien or title or claim thereof, or redeeming from any tax sale or forfeiture affecting the Collateral or contesting any tax or assessment, in each case, other than taxes not required to be discharged pursuant to the Credit Agreement and Liens not permitted pursuant to Section 6.02 of the Credit Agreement. All reasonable and documented out-of-pocket moneys paid for any of the purposes herein authorized and all expenses paid or incurred in connection therewith, including reasonable and documented out-of-pocket attorneys’ fees, shall be included among the Secured Obligations and shall be due and payable in accordance with Section 9.03 of the Credit Agreement upon demand and with interest thereon from the date due of such payment or expense at the rate of interest payable after an Event of Default default under the terms of the Credit Agreement. Inaction of Mortgagee shall never be considered as a waiver of any right accruing to it hereunder on account of any default on the part of Mortgagor. Mortgagee, making any payment hereby authorized relating to taxes or assessments, may do so according to any xxxxbxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxxbxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof.

Performance of Defaulted Acts. From and after the occurrence and during the continuance of an Event of Default, Mortgagee mayBeneficiary may (without prejudice to its other rights and remedies), but need not, make any payment or perform any act herein required of Mortgagor Trustor herein, in the Subordinated Loan Agreement or in any other Transaction Document, in each case in any form and manner deemed expedient, including without limitation making full or partial payments of principal or interest on prior encumbrances, if any, making rental payments and purchasing, discharging, compromising or settling any tax lien Lien or other prior lien Lien or title or claim thereof, or redeeming from any tax sale or forfeiture affecting the Collateral Trust Property or contesting any tax or assessment, in each case, other than taxes not required to be discharged pursuant to the Credit Agreement and Liens not permitted pursuant to Section 6.02 of the Credit Agreement. All reasonable and documented out-of-pocket moneys monies paid for any of the purposes herein authorized and all expenses paid or incurred in connection therewith, including reasonable and documented outattorneys' fees (including reasonable fees of in-of-pocket attorneys’ feeshouse counsel), shall be included among the Secured Obligations and shall be due and payable in accordance with Section 9.03 of the Credit Agreement upon demand and with interest thereon from the date due of such payment or expense at the rate of interest payable after an Event of Default under the terms of the Credit AgreementRate. Inaction of Mortgagee Beneficiary shall never be considered as a waiver of any right accruing to it hereunder on account of any default on the part of MortgagorTrustor. MortgageeBeneficiary, in making any payment hereby authorized relating to taxes or assessments, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien Lien or title or claim thereof.

Performance of Defaulted Acts. From and after the occurrence and during the continuance of an ----------------------------- Event of Default, Mortgagee mayBeneficiary may (without prejudice to its other rights and remedies), but need not, make any payment or perform any act herein required of Mortgagor Trustors herein or in the Indenture, or in any other Transaction Document in any form and manner deemed expedient, including including, without limitation, making full or partial payments of principal or interest on prior encumbrances, if any, making rental payments and purchasing, discharging, compromising or settling any tax lien or other prior lien or title or claim thereof, or redeeming from any tax sale or forfeiture affecting the Collateral Trust Property or contesting any tax or assessment, in each case, other than taxes not required to be discharged pursuant to the Credit Agreement and Liens not permitted pursuant to Section 6.02 of the Credit Agreement. All reasonable and documented out-of-pocket moneys paid for any of the purposes herein authorized and all expenses paid or incurred in connection therewith, including reasonable and documented outattorneys' fees (including reasonable fees of in-of-pocket attorneys’ feeshouse counsel), shall be included among the Secured Obligations and shall be due and payable in accordance with Section 9.03 of the Credit Agreement upon demand and with interest thereon from the date due of such payment or expense at the rate of interest payable after an Event of Default under the terms of the Credit AgreementRate. Inaction of Mortgagee Beneficiary shall never be considered as a waiver of any right accruing to it hereunder on account of any default on the part of Mortgagoreither Trustor. MortgageeBeneficiary, in making any payment hereby authorized relating to taxes or assessments, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof.

Performance of Defaulted Acts. From and after the occurrence and during the continuance of an Event of Default, Mortgagee mayBeneficiary may (without prejudice to its other rights and remedies), but need not, make any payment or perform any act herein required of Mortgagor Trustor herein, in the Indenture or in any other Transaction Document, in each case in any form and manner deemed expedient, including without limitation making full or partial payments of principal or interest on prior encumbrances, if any, making rental payments and purchasing, discharging, compromising or settling any tax lien Lien or other prior lien Lien or title or claim thereof, or redeeming from any tax sale or forfeiture affecting the Collateral Trust Property or contesting any tax or assessment, in each case, other than taxes not required to be discharged pursuant to the Credit Agreement and Liens not permitted pursuant to Section 6.02 of the Credit Agreement. All reasonable and documented out-of-pocket moneys monies paid for any of the purposes herein authorized and all expenses paid or incurred in connection therewith, including reasonable and documented outattorneys' fees (including reasonable fees of in-of-pocket attorneys’ feeshouse counsel), shall be included among the Secured Obligations and shall be due and payable in accordance with Section 9.03 of the Credit Agreement upon demand and with interest thereon from the date due of such payment or expense at the rate of interest payable after an Event of Default under the terms of the Credit AgreementRate. Inaction of Mortgagee Beneficiary shall never be considered as a waiver of any right accruing to it hereunder on account of any default on the part of MortgagorTrustor. MortgageeBeneficiary, in making any payment hereby authorized relating to taxes or assessments, may do so according to any xxxxbill, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxxbill, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien Lien or title or claim thereof.

Performance of Defaulted Acts. From and after the occurrence and during the continuance of an Event of Default, Mortgagee Beneficiary may, but need not, make any payment or perform any act herein required of Mortgagor Grantor or required in order for there to be compliance with the terms herein or any other Loan Document, in any form and manner deemed expedientexpedient or desirable, including including, without limitation, making full or partial payments of for principal or interest on prior encumbrances, encumbrances (if any), making rental payments service, utility or maintenance charges, or insurance premium, curing the default of the landlord under a Lease, and purchasing, discharging, compromising or settling any tax lien or other prior lien or title or claim thereof, or redeeming from any tax sale or forfeiture affecting the Collateral Trust Property or contesting any tax or assessment, in each case, other than taxes not required to be discharged pursuant to the Credit Agreement and Liens not permitted pursuant to Section 6.02 of the Credit Agreement. All reasonable and documented out-of-pocket moneys paid for any of the purposes herein authorized and all expenses paid or incurred in connection therewith, including reasonable and documented out-of-pocket attorneys’ ' fees, shall be included among so much additional Secured Obligations, shall accrue interest at the Secured Obligations Default Rate, and together with such interest, shall be become immediately due and payable in accordance with Section 9.03 of the Credit Agreement and with interest thereon from the date due or expense at the rate of interest payable after an Event of Default under the terms of the Credit Agreementwithout notice. Inaction of Mortgagee Beneficiary shall never be considered as a waiver of any right accruing to it any of them hereunder or under any of the other Loan Documents on account of any default on the part of MortgagorGrantor. Mortgagee, Beneficiary making any payment hereby authorized relating to taxes taxes, assessments, insurance premiums, or assessmentsservice or utility charges, may do so according to any xxxx, statement or estimate procured from the appropriate public office or entity, without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien lien, title, claim premium or title or claim charge thereof.

Performance of Defaulted Acts. From and after the occurrence and during the continuance of an Event of Default, Mortgagee mayBeneficiary may (without prejudice to its other rights and remedies), but need not, make any payment or perform any act herein required of Mortgagor Trustor herein, in the Loan Agreement or in any other Transaction Document, in each case in any form and manner deemed expedient, including without limitation making full or partial payments of principal or interest on prior encumbrances, if any, making rental payments and purchasing, discharging, compromising or settling any tax lien Lien or other prior lien Lien or title or claim thereof, or redeeming from any tax sale or forfeiture affecting the Collateral Trust Property or contesting any tax or assessment, in each case, other than taxes not required to be discharged pursuant to the Credit Agreement and Liens not permitted pursuant to Section 6.02 of the Credit Agreement. All reasonable and documented out-of-pocket moneys monies paid for any of the purposes herein authorized and all expenses paid or incurred in connection therewith, including reasonable and documented outattorneys' fees (including reasonable fees of in-of-pocket attorneys’ feeshouse counsel), shall be included among the Secured Obligations and shall be due and payable in accordance with Section 9.03 of the Credit Agreement upon demand and with interest thereon from the date due of such payment or expense at the rate of interest payable after an Event of Default under the terms of the Credit AgreementRate. Inaction of Mortgagee Beneficiary shall never be considered as a waiver of any right accruing to it hereunder on account of any default on the part of MortgagorTrustor. MortgageeBeneficiary, in making any payment hereby authorized relating to taxes or assessments, may do so according to any xxxxbill, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxxbill, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien Lien or title or claim thereof.

Performance of Defaulted Acts. From and after the occurrence and during the continuance of ----------------------------- an Event of Default, Mortgagee Beneficiary may, but need not, make any payment or perform any act herein required of Mortgagor Grantor in any form and manner deemed expedient, including including, without limitation, making full or partial payments of principal or interest on prior encumbrances, if any, making rental payments and purchasing, discharging, compromising or settling any tax lien or other prior lien or title or claim thereof, or redeeming from any tax sale or forfeiture affecting the Collateral Trust Property or contesting any tax or assessment, in each case, other than taxes not required to be discharged pursuant to the Credit Agreement and Liens not permitted pursuant to Section 6.02 of the Credit Agreement. All reasonable and documented out-of-pocket moneys paid for any of the purposes herein authorized and all expenses paid or incurred in connection therewith, including reasonable and documented out-of-pocket attorneys’ ' fees, shall be included among the Secured Obligations and shall be due and payable in accordance with Section 9.03 of the Credit Agreement upon demand and with interest thereon hereon from the date due of such payment or expense at the rate of interest payable after an Event of Default under the terms of the Credit AgreementRate. Inaction of Mortgagee Beneficiary shall never be considered as a waiver of any right accruing to it hereunder on account of any default on the part of MortgagorGrantor. MortgageeBeneficiary, making any payment hereby authorized relating to taxes or assessments, may do so according to any xxxx, statement or estimate procured from the appropriate public office without inquiry into the accuracy of such xxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof.