Common use of Remedies - Insolvency Events Clause in Contracts

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 or 9.8, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrowers; however, if the Bankruptcy Party under Section 9.7 or 9.8 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's election, in Agent's sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Ensign Group, Inc), Loan Agreement (Brookdale Senior Living Inc.)

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Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.9 or 9.810.10, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowersBorrower and each Borrower Party; provided, however, if the Bankruptcy Party under Section 9.7 10.9 or 9.8 10.10 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's the Administrative Agent’s election, in the Administrative Agent's ’s sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Morgans Hotel Group Co.), Mezzanine Loan Agreement (Morgans Hotel Group Co.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.7 or 9.810.8, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrowers; however, if the Bankruptcy Party under Section 9.7 10.7 or 9.8 10.8 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Administrative Agent's ’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Tarragon Corp)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.8 or 9.810.9, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowersBorrower; provided, however, if the Bankruptcy Party under Section 9.7 10.8 or 9.8 10.9 is other than a Borrower, then upon the occurrence of any Event of Default described in Section 10.8 or 10.9, all amounts due under the Loan Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Administrative Agent's ’s sole and absolute discretion.

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.11 or 9.810.12, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowersBorrower; provided, however, if the Bankruptcy Party under Section 9.7 10.11 or 9.8 10.12 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Administrative Agent's ’s sole and absolute discretion.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties Inc)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.8 or 9.810.9, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowersBorrower; provided, however, if the Bankruptcy Party under Section 9.7 10.8 or 9.8 10.9 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at LenderAdministrative Agent's election, in Administrative Agent's sole and absolute discretion.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.8 or 9.810.9, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowersBorrower; however, if the Bankruptcy Party under Section 9.7 10.8 or 9.8 10.9 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's the Administrative Agent’s election, in the Administrative Agent's ’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Douglas Emmett Inc)

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Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.9 or 9.810.10, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowersBorrower and each Borrower Party; provided, however, if the Bankruptcy Party under Section 9.7 10.9 or 9.8 10.10 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's the Administrative Agent’s election, in Agent's the sole discretiondiscretion of the Lenders.

Appears in 1 contract

Samples: Loan Agreement (Morgans Hotel Group Co.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 or 9.8, the obligations of Lender Agent and the Lenders to advance amounts hereunder shall automatically and immediately terminate, and all amounts due under the Loan Documents automatically and immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowersBorrower; provided; however, that if the Bankruptcy Party under Section 9.7 or 9.8 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's Agent’s election, in Agent's ’s sole discretion.

Appears in 1 contract

Samples: Term Loan Agreement (Seaport Entertainment Group Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.8 or 9.8Section 10.9, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowersBorrower; provided, however, if the Bankruptcy Party under Section 9.7 10.8 or 9.8 Section 10.9 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's the Administrative Agent’s election, in the Administrative Agent's ’s sole and absolute discretion.

Appears in 1 contract

Samples: Construction Loan Agreement (Maguire Properties Inc)

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