Common use of Reimbursement; Interest Clause in Contracts

Reimbursement; Interest. Subject to applicable notice and cure periods, if Lender shall incur any Expenses or pay any Claims by reason of the Loan or the rights and remedies provided under the Loan Documents (regardless of whether or not any of the Loan Documents expressly provide for an indemnification by Borrower against such Claims), Lender’s payment of such Expenses and Claims shall constitute advances to Borrower which shall be paid by Borrower to Lender on demand, together with interest thereon from the date incurred until paid in full at the rate of interest then applicable to the Loan under the terms of the Note. Each advance shall be secured by the Mortgages and the other Loan Documents as fully as if made to Borrower, regardless of the disposition thereof by the party or parties to whom such advance is made. Notwithstanding the foregoing, however, in any actions or proceedings to foreclose the Mortgages or to recover or collect the Obligations, the provisions of Law governing the recovery of costs, disbursements and allowances shall prevail unaffected by this Section.

Appears in 2 contracts

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

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Reimbursement; Interest. Subject to applicable notice and cure periods, if Lender shall incur any Expenses or pay any Claims by reason of the Loan or the rights and remedies provided under the Loan Documents (regardless of whether or not any of the Loan Documents expressly provide for an indemnification by Borrower against such Claims), Lender’s payment of such Expenses and Claims shall constitute advances to Borrower which shall be paid by Borrower to Lender on demand, together with interest thereon from the date incurred until paid in full at the rate of interest then applicable to the Loan under the terms of the Note. Each advance shall be secured by the Mortgages Collateral Instruments and the other Loan Documents as fully as if made to Borrower, regardless of the disposition thereof by the party or parties to whom such advance is made. Notwithstanding the foregoing, however, in any actions action or proceedings proceeding to foreclose the Mortgages Collateral Instruments or to recover or collect the Obligations, the provisions of Law governing the recovery of costs, disbursements and allowances shall prevail unaffected by this Section.

Appears in 1 contract

Samples: Term Loan Agreement (Sun Communities Inc)

Reimbursement; Interest. Subject to applicable notice and cure periods, if Lender Administrative Agent shall incur any Expenses or pay any Claims by reason of the Loan Loans or the rights and remedies provided under the Loan Documents (regardless of whether or not any of the Loan Documents expressly provide for an indemnification by Borrower against such Claims), LenderAdministrative Agent’s payment of such Expenses and Claims shall constitute advances to Borrower which shall be paid by Borrower to Lender Administrative Agent on demand, together with interest thereon from the date incurred until paid in full at the rate of interest then applicable to the Loan Loans under the terms of the NoteNotes. Each advance shall be secured by the Mortgages and the other Loan Documents as fully as if made to Borrower, regardless of the disposition thereof by the party or parties to whom such advance is made. Notwithstanding the foregoing, however, in any actions or proceedings to foreclose the Mortgages or to recover or collect the Obligations, the provisions of Law governing the recovery of costs, disbursements and allowances shall prevail unaffected by this Section.

Appears in 1 contract

Samples: Term Loan Agreement (Sun Communities Inc)

Reimbursement; Interest. Subject to applicable notice and cure periods, if If the Lender shall incur any Expenses or pay any Claims by reason of the Loan or the rights and remedies provided under the Loan Documents (regardless of whether or not any of the Loan Documents expressly provide for an indemnification by the Borrower against such Claims), the Lender’s 's payment of such Expenses and Claims shall constitute advances to the Borrower which shall be paid by the Borrower to the Lender on demand, together with interest thereon from the date incurred until paid in full at the highest rate of interest then applicable to the Loan under the terms of the NoteNotes. Each advance shall be secured by the Mortgages Deed of Trust and the other Loan Documents as fully as if made to the Borrower, regardless of the disposition thereof by the party or parties to whom such advance is made. Notwithstanding the foregoing, however, in any actions action or proceedings proceeding to foreclose the Mortgages Deed of Trust or to recover or collect the Obligations, the provisions of Law governing the recovery of costs, disbursements and allowances shall prevail unaffected by this Section.

Appears in 1 contract

Samples: Construction Loan Agreement (HF Enterprises Inc.)

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Reimbursement; Interest. Subject to applicable notice and cure periodsIf Lender or Bank of America, if Lender N.A. on Lender's behalf shall incur any Expenses or pay any Claims by reason of the Loan or the rights and remedies provided under the Loan Documents (regardless of whether or not any of the Loan Documents expressly provide for an indemnification by Borrower against such Claims), Lender’s the payment of such Expenses and Claims shall constitute advances to Borrower which shall be paid by Borrower to Lender on demand, together with interest thereon from the date incurred until paid in full at the rate of interest then applicable to the Loan under the terms of the Note. Each advance shall be secured by the Mortgages Mortgage and the other Loan Documents as fully as if made to Borrower, regardless of the disposition thereof by the party or parties to whom such advance is made. Notwithstanding the foregoing, however, in any actions action or proceedings proceeding to foreclose the Mortgages Mortgage or to recover or collect the Obligations, the provisions of Law governing the recovery of costs, disbursements and allowances shall prevail unaffected by this Section.

Appears in 1 contract

Samples: Construction Loan Agreement (American Retirement Corp)

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