Common use of Right of Lender to Make Advances to Cure Borrower’s Defaults Clause in Contracts

Right of Lender to Make Advances to Cure Borrower’s Defaults. If Borrower shall fail to perform in a timely fashion any of Borrower’s covenants, agreements or obligations contained in this Agreement or the Loan Documents, Lender may (but shall not be required to) perform any of such covenants, agreements and obligations. Any funds advanced by Lender in the exercise of its judgment that the same are needed to protect its security for the Loan are deemed to be obligatory advances hereunder and any amounts expended (whether by disbursement of undisbursed Loan proceeds or otherwise) by Lender in so doing, shall constitute additional indebtedness evidenced and secured by the Note, the Security Instrument and the other Loan Documents, shall bear interest from the date expended at the Default Rate and be payable together with such interest upon demand.

Appears in 6 contracts

Samples: Loan Agreement (Pillarstone Capital Reit), Loan Agreement (Whitestone REIT Operating Partnership, L.P.), Loan Agreement (Whitestone REIT)

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Right of Lender to Make Advances to Cure Borrower’s Defaults. If a Borrower shall fail to perform in a timely fashion any of such Borrower’s 's covenants, agreements or obligations contained in this Agreement or the Loan Documents, Lender may (but shall not be required to) perform any of such covenants, agreements and obligations. Any funds advanced by Lender in the exercise of its judgment that the same are needed to protect its security for the a Loan are deemed to be obligatory advances hereunder and any amounts expended (whether by disbursement of undisbursed Loan proceeds or otherwise) by Lender in so doing, shall constitute additional indebtedness evidenced and secured by the NoteNotes, the Security Instrument Deed of Trust, the Mortgages and the other Loan Documents, shall bear interest from the date expended at the Default Rate and be payable together with such interest upon demand.

Appears in 2 contracts

Samples: Loan Agreement (On Stage Entertainment Inc), Loan Agreement (On Stage Entertainment Inc)

Right of Lender to Make Advances to Cure Borrower’s Defaults. If any Borrower shall fail to perform in a timely fashion any of such Borrower’s covenants, agreements or obligations contained in this Agreement or the Loan DocumentsDocuments in a timely fashion and such failure shall continue after notice from Lender and the expiration of any applicable grace or cure period, Lender may (but shall not be required to) perform any of such covenants, agreements and obligations. Any funds advanced by Lender in the exercise of its judgment that the same are needed to protect its security for the Loan are deemed to be obligatory advances hereunder and any amounts expended (whether by disbursement of undisbursed Loan proceeds or otherwise) by Lender in so doing, shall constitute additional indebtedness evidenced and secured by the Note, the Security Instrument Mortgages and the other Loan Documents, shall bear interest from the date expended at the Default Rate and be payable together with such interest upon demand.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)

Right of Lender to Make Advances to Cure Borrower’s Defaults. If Borrower shall fail to perform in a timely fashion any of Borrower’s covenants, agreements or obligations contained in this Agreement Agreement, the Note or the other Loan Documents, Lender may upon prior notice to Borrower (but shall not be required to) perform any of such covenants, agreements and obligations. Any funds Loan proceeds advanced by Lender in the exercise of its reasonable judgment in accordance with this Agreement to the extent that the same are needed to protect its security for the Loan are deemed to be obligatory advances hereunder and any amounts expended (whether by disbursement of undisbursed Loan proceeds or otherwise) by Lender in so doing, doing shall constitute additional indebtedness evidenced and secured by the Note, the Security Instrument Mortgage and the other Loan Documents, shall bear interest from the date expended at the Default Rate and be payable together with such interest upon demand.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Right of Lender to Make Advances to Cure Borrower’s Defaults. If Borrower shall fail to perform in a timely fashion any of Borrower’s covenants, agreements or obligations contained in this Agreement or the Loan Documents, Lender may (but shall not be required to) perform any of such covenants, agreements and obligations. Any funds advanced by Lender in the exercise of its judgment that the same are needed to protect its security for the Loan are deemed to be obligatory advances hereunder and any amounts expended (whether by disbursement of undisbursed Loan proceeds or otherwise) by Lender in so doing, shall constitute additional indebtedness evidenced and secured by the Note, the Security Instrument Mortgage and the other Loan Documents, shall bear interest from the date expended at the Default Rate and be payable together with such interest upon demand.

Appears in 1 contract

Samples: Loan Agreement (Veeco Instruments Inc)

Right of Lender to Make Advances to Cure Borrower’s Defaults. If Borrower shall Borrowxx xxxxx fail to perform in a timely fashion any of Borrower’s 's covenants, agreements or obligations contained in this Agreement or the Loan Documents, Lender may (but shall not be required to) perform any of such covenants, agreements and obligations. Any funds advanced by Lender in the exercise of its judgment juxxxxxx that the same are needed to protect its security for the Loan are deemed to be obligatory advances hereunder and any amounts expended (whether by disbursement of undisbursed Loan proceeds or otherwise) by Lender in so doing, shall constitute additional constixxxx xdditional indebtedness evidenced and secured by the Note, the Security Instrument Mortgage and the other Loan Documents, shall bear interest from the date expended at the Default Rate and be payable together with such interest upon demand.

Appears in 1 contract

Samples: Loan Agreement (Commercial Assets Inc)

Right of Lender to Make Advances to Cure Borrower’s Defaults. If any Borrower shall fail to perform in a timely fashion any of Borrower’s its covenants, agreements or obligations contained in this Agreement or the Loan DocumentsDocuments within any applicable notice and cure periods, Lender may (but shall not be required to) perform any of such covenants, agreements and obligations. Any funds advanced by Lender in the exercise of its judgment that the same are needed to protect its security for the Loan are deemed to be obligatory advances hereunder and any amounts expended (whether by disbursement of undisbursed Loan proceeds or otherwise) by Lender in so doing, shall constitute additional indebtedness evidenced and secured by the Note, the Security Instrument Mortgages and the other Loan Documents, shall shall, if not paid by Borrowers when due, bear interest from the date expended at the Default Rate and be payable together with such interest upon demand.

Appears in 1 contract

Samples: Loan Agreement (First Potomac Realty Trust)

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Right of Lender to Make Advances to Cure Borrower’s Defaults. If Borrower shall fail to perform in a timely fashion any of Borrower’s 's covenants, agreements or obligations contained in this Agreement or the Loan Documents, Lender may (but shall not be required to) perform any of such covenants, agreements and obligations. Any funds advanced by Lender in the exercise of its judgment that the same are needed to protect its security for the Loan are deemed to be obligatory advances hereunder and any amounts expended (whether by disbursement of undisbursed Loan proceeds or otherwise) by Lender in so doing, shall constitute additional indebtedness evidenced and secured by the Note, the Security Instrument Mortgage and the other Loan Documents, shall bear interest from the date expended at the Default Rate and be payable together with such interest upon demand.

Appears in 1 contract

Samples: Loan Agreement (Marker International)

Right of Lender to Make Advances to Cure Borrower’s Defaults. If Borrower shall fail to perform in a timely fashion any of Borrower’s 's covenants, agreements or obligations contained in this Agreement or the Loan Documents, Lender may (but shall not be required to) perform any of such covenants, agreements and obligations. Any funds advanced by Lender in the exercise of its judgment that the same are needed to protect its security for the Loan are deemed to be obligatory advances hereunder and any amounts expended (whether by disbursement of undisbursed Loan proceeds or otherwise) by Lender in so doing, shall constitute additional indebtedness evidenced and secured by the Note, the Security Instrument Mortgage and the other Loan Documents, shall bear interest from the date expended at the Default Rate and be payable together with such interest upon demand.

Appears in 1 contract

Samples: Loan Agreement (Applied Epi Inc)

Right of Lender to Make Advances to Cure Borrower’s Defaults. If Borrower shall fail to perform in a timely fashion any of Borrower’s 's covenants, agreements or obligations contained in this Agreement or the Loan Documents, Lender may (but shall not be required to) perform any of such covenants, agreements and obligations. Any funds advanced by Lender in the exercise of its judgment that the same are needed to protect its security for the Loan are deemed to be obligatory advances hereunder and any amounts expended (whether by disbursement of undisbursed Loan proceeds or otherwise) by Lender in so doing, shall constitute additional indebtedness evidenced and secured by the Note, the Security Instrument Deed of Trust and the other Loan Documents, shall bear interest from the date expended at the Default Rate and be payable together with such interest upon demand.

Appears in 1 contract

Samples: Loan Agreement (Datron Systems Inc/De)

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