Common use of Release of the Property, etc Clause in Contracts

Release of the Property, etc. (a) If Lessee shall at any time purchase the Property pursuant to Section 17.2 of the Lease or exercise its Purchase Option with respect to the Property under Article XXI of the Lease, then upon satisfaction by Borrower of its obligation to prepay the Project Loans pursuant to Section 3.3(b) and to pay accrued interest on the Project Loans so prepaid pursuant to Section 3.2, the Property shall be released from the Liens created by the Security Documents, all without delivery of any instrument or performance of any act by any party. In addition, upon payment in full of the Project Loan and all other amounts owing by Borrower hereunder or under any other Project Loan Document and termination of the Project Loan Commitment by Borrower, the Property shall be released from the Liens created by the Security Documents, all without delivery of any instrument or performance of any act by any party. Upon request of Borrower following any such release, Lender shall, at the sole cost and expense of Borrower, execute and deliver to Borrower or Lessee such documents as Borrower shall reasonably request to evidence such release. (b) Notwithstanding anything to the contrary herein, upon termination of the Project Loan Commitment and upon the payment in full of (i) the Project Loan and all other amounts owing by Borrower hereunder or under any other Project Loan Document and (ii) all amounts owing by Lessee to the Developer or to any other Person under the Operative Agreements, all remaining moneys in the Account (other than any Excess Sales Proceeds which shall be held in escrow to secure the obligations of Lessees under other Leases of Real Property) shall be paid out to Lessee.

Appears in 2 contracts

Samples: Project Loan Agreement (Agree Realty Corp), Project Loan Agreement (Agree Realty Corp)

AutoNDA by SimpleDocs

Release of the Property, etc. (a) If the Lessee shall at any time purchase the Property pursuant to Section 17.2 of the Lease or exercise its Purchase Option with respect to the Property under Article XXI of the Lease, then then, upon satisfaction by the Borrower of its obligation to prepay the Project Loans Loan pursuant to Section 3.3(b3.2(b) and to pay accrued interest and Prepayment Premium, if any, on the Project Loans Loan so prepaid pursuant to Section 3.2, the Property shall be released from the Liens created by the Security Documents, all without delivery of any instrument or performance of any act by any party. In addition, upon payment in full of the Project Loan and all other amounts owing by the Borrower hereunder or under any other Project Loan Document and termination of by the Project Loan Commitment by Borrower, the Property shall be released from the Liens created by the Security Documents, all without delivery of any instrument or performance of any act by any party. Upon request of the Borrower following any such release, the Lender shall, at the sole cost and expense of the Borrower, execute and deliver to the Borrower or the Lessee such documents as the Borrower shall reasonably request to evidence such release. (b) Notwithstanding anything to the contrary herein, upon termination of the Project Loan Commitment and upon the payment in full of (i) the Project Loan and all other amounts owing by the Borrower hereunder or under any other Project Loan Document and (ii) all amounts owing by Lessee to the Developer or to any other Person under the Operative AgreementsDocument, all remaining moneys in the Account (other than any Excess Sales Proceeds which shall be held in escrow to secure the obligations of Lessees under other Leases of Real Property) shall be paid out to Lesseethe Borrower.

Appears in 2 contracts

Samples: Project Loan Agreement (Agree Realty Corp), Project Loan Agreement (Agree Realty Corp)

Release of the Property, etc. (a) If the Lessee shall at any ---------------------------- time purchase the Property pursuant to Section 17.2 16.2 of the Lease or exercise its Purchase Option with respect to the Property under Article XXI Section 20 of the Lease, then or if the Property shall be sold in accordance with Section 21 of the Lease, then, upon satisfaction by the Borrower of its obligation to prepay the Project Loans pursuant to Section 3.3(b2.5(c) and to pay accrued interest on the Project Loans so prepaid pursuant to Section 3.22.8, the Agent shall release the Property shall be released from the Liens created by the Security Documents, all without delivery of any instrument or performance of any act by any party. In addition, upon the termination of the Commitments and the payment in full of the Project Loan Loans and all other amounts owing by the Borrower or the Guarantor hereunder or under any other Project Loan Document and termination Operative Agreement, the Agent shall release all of the Project Loan Commitment by Borrower, the Property shall be released Properties from the Liens created by the Security Documents, all without delivery of any instrument or performance of any act by any party. Upon request of the Borrower following any such release, Lender the Agent shall, at the sole cost and expense of the Borrower, execute and deliver to the Borrower or the Lessee such documents as the Borrower shall reasonably request to evidence such release. (ba) Notwithstanding anything to the contrary herein, upon the termination of the Project Loan Commitment Commitments and upon the payment in full of (i) the Project Loan Loans and all other amounts owing by the Borrower or any Guarantor hereunder or under any other Project Loan Document Operative Agreement and (ii) all amounts owing by the Lessee to the Developer Lessor or to any other Person under the Operative Agreements, all remaining moneys in the Account (other than any Excess Sales Proceeds which shall be held in escrow to secure the obligations of Lessees under other Leases of Real Property) shall be paid out to the Lessee.

Appears in 1 contract

Samples: Credit Agreement (Sailors Inc)

Release of the Property, etc. (a) If the Lessee shall at any time purchase the Property pursuant to Section 17.2 16.2 of the Lease or exercise its Purchase Option with respect to the Property or a portion thereof under Article XXI Section 20 of the Lease, then or if the Property shall be sold in accordance with Section 21 of the Lease, then, upon satisfaction by the Borrower of its obligation to prepay the Project Loans pursuant to Section 3.3(b2.5(c) and to pay accrued interest on the Project Loans so prepaid pursuant to Section 3.22.8, the Agent shall release the Property shall be released or the applicable portion thereof from the Liens created by the Security Documents, all without delivery of any instrument or performance of any act by any party. In addition, upon the termination of the Commitments and the payment in full of the Project Loan Loans and all other amounts owing by the Borrower or the Guarantors hereunder or under any other Project Loan Document and termination of the Project Loan Commitment by BorrowerOperative Agreement, the Agent shall release the Property shall be released from the Liens created by the Security Documents, all without delivery of any instrument or performance of any act by any party. Upon request of the Borrower following any such release, Lender the Agent shall, at the sole cost and expense of the Borrower, execute and deliver to the Borrower or the Lessee such documents as the Borrower shall reasonably request to evidence such release. (b) Notwithstanding anything to the contrary herein, upon the termination of the Project Loan Commitment Commitments and upon the payment in full of (i) the Project Loan Loans and all other amounts owing by the Borrower or the any Guarantor hereunder or under any other Project Loan Document Operative Agreement and (ii) all amounts owing by the Lessee to the Developer Lessor or to any other Person under the Operative Agreements, all remaining moneys in the Account (other than any Excess Sales Proceeds which shall be held in escrow to secure the obligations of Lessees under other Leases of Real Property) shall be paid out to the Lessee.

Appears in 1 contract

Samples: Credit Agreement (Safeskin Corp)

AutoNDA by SimpleDocs

Release of the Property, etc. (a) If the Lessee shall at any time purchase the Property pursuant to Section 17.2 of the Lease or exercise its Purchase Option with respect to the Property under Article XXI of the Lease, then then, upon satisfaction by the Borrower of its obligation to prepay the Project Loans Loan pursuant to Section 3.3(b3.2(b) and to pay accrued interest and Prepayment Premium, if any, on the Project Loans Loan so prepaid pursuant to Section 3.2, the Property shall be released from the Liens created by the Security Documents, all without delivery of any instrument or performance of any act by any party. In addition, upon payment in full of the Project Loan and all other amounts owing by the Borrower hereunder or under any other Project Loan Document and termination of by the Project Loan Commitment by Borrower, the Property shall be released from the Liens created by the Security Documents, all without delivery of any instrument or performance of any act by any party. Upon request of the Borrower following any such release, the Lender shall, at the sole cost and expense of the Borrower, execute and deliver to the Borrower or the Lessee such documents as the Borrower shall reasonably request to evidence such release. (b) Notwithstanding anything to the contrary herein, upon termination of the Project Loan Commitment and upon the payment in full of (i) the Project Loan and all other amounts owing by the Borrower hereunder or under any other Project Loan Document and (ii) all amounts owing by the Lessee to the Developer or to any other Person under the Operative Agreements, all remaining moneys in the Account (other than any Excess Sales Proceeds which shall be held in escrow to secure the obligations of Lessees under other Leases of Real Property) shall be paid out to Lesseethe Borrower.

Appears in 1 contract

Samples: Project Loan Agreement (Agree Realty Corp)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!