Common use of Right of Contest Clause in Contracts

Right of Contest. Borrower may contest in good faith any claim, demand, lien, levy or assessment by any person other than Lender which would constitute an Event of Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith reasonably determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s compliance with this Section 12.7 shall operate to prevent such claim, demand, levy or assessment from becoming an Event of Default.

Appears in 3 contracts

Samples: Loan Agreement (IMH Financial Corp), Loan Agreement (IMH Financial Corp), Loan Agreement (IMH Financial Corp)

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Right of Contest. Borrower may contest in good faith any claim, demand, lien, levy or assessment (other than liens) by any person other than Lender which would constitute an Event of a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith reasonably determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s compliance with this Section 12.7 shall operate to prevent such claim, demand, levy or assessment from becoming an Event of a Default.

Appears in 3 contracts

Samples: Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Right of Contest. Borrower may contest in good faith any claim, demand, lien, levy or assessment by any person other than Lender which would constitute an Event of a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith reasonably determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s compliance with this Section 12.7 shall operate to prevent such claim, demand, levy or assessment from becoming an Event of a Default.

Appears in 2 contracts

Samples: Term Loan Agreement (Invesco Real Estate Income Trust Inc.), Loan Agreement (Regan Holding Corp)

Right of Contest. Borrower may contest in good faith any claim, demand, lien, levy or assessment by any person other than Lender which would constitute an Event of a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith reasonably determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s 's compliance with this Section 12.7 shall operate to prevent such claim, demand, levy or assessment from becoming an Event of a Default.

Appears in 2 contracts

Samples: Loan Agreement (Hines Global Reit Ii, Inc.), Loan Agreement (Communications & Power Industries Inc)

Right of Contest. Borrower may contest in good faith any claim, demand, lien, levy or assessment (other than liens) by any person other than Lender which would constitute an Event of Default if: (ai) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (bii) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith reasonably determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s compliance with this Section 12.7 shall operate to prevent such claim, demand, levy or assessment from becoming an Event of Default.

Appears in 1 contract

Samples: Loan Agreement (LGI Homes, Inc.)

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Right of Contest. Borrower may contest in good faith any claim, tax, ------------------ demand, lien, levy or assessment by any person other than Lender which would constitute an Event of a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith reasonably determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s 's compliance with this Section 12.7 shall operate to prevent such claim, demand, levy or assessment from becoming an Event of a Default.

Appears in 1 contract

Samples: Construction Loan Agreement (Pizza Inn Inc /Mo/)

Right of Contest. Borrower may contest in good faith any claim, demand, lien, levy or assessment (other than liens and stop notices) by any person other than Lender which would constitute an Event of a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith reasonably determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s compliance with this Section 12.7 13.7 shall operate to prevent such claim, demand, levy or assessment from becoming an Event of a Default.

Appears in 1 contract

Samples: Loan Agreement (William Lyon Homes)

Right of Contest. Borrower may contest in good faith any claim, demand, lien, levy or assessment by any person other than Lender which would constitute an Event of a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of this Agreement or the Loan DocumentsNote; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith reasonably determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s compliance with this Section 12.7 shall operate to prevent such claim, demand, levy or assessment from becoming an Event of a Default.

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

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