Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the same. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the Project; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Xxxxxx’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s Obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the thirtieth (30th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment.
Appears in 3 contracts
Samples: Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.), Term Loan Agreement (Cedar Realty Trust, Inc.), Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)
Taxes; Charges. Borrower Borrowers shall pay (or shall cause to be paid) before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges Taxes that may become a Lien upon the any Project or become payable during the term of the Loan, and will promptly furnish Lender Agent with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the same. Borrower Borrowers shall not suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower Borrowers shall pay or cause to be paid when due all Taxes, claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Project (collectively, the Project"CHARGES"); however, Borrower Borrowers may contest contest, in good faith by appropriate proceedings, the amount or validity of any such claims and demands Charges or Liens so long as (a) Borrower notifies Lender that it intends Borrowers have given prior written notice to Agent of the intent to so contest or object to any such claim Charges or demandLiens, (b) Borrower provides Lender such contest stays the enforcement or collection of the Charges or any Lien created, (c) Borrowers provide Agent with an indemnity, a bond or other security reasonably satisfactory to Lender Agent (including an endorsement to Xxxxxx’s title insurance policy Agent's Title Policies insuring against such claim claim, demand or demandlien) assuring the discharge of Borrower’s Obligations Borrowers' obligations for such claims and demandsclaims, demands or lien, including interest and penalties, and (cd) Borrower is Borrowers are diligently contesting the same by appropriate legal proceedings in good faith and at its their own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the a Project is scheduled to be sold for non-payment.
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Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges Taxes that may become a Lien upon the any Project or become payable during the term of the Loan, and will promptly furnish Lender Agent with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the same. Borrower shall not suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay or cause to be paid when due all Taxes, claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on any Project (collectively, the Project"Charges"); however, Borrower may contest contest, in good faith by appropriate proceedings, the amount or validity of any such claims and demands Charges or Liens so long as as
(a) Borrower notifies Lender that it intends has given prior written notice to Agent of the intent to so contest or object to any such claim Charges or demandLiens, (b) such contest stays the enforcement or collection of the Charges or any Lien created, (c) Borrower provides Lender Agent with an indemnity, a bond or other security reasonably satisfactory to Lender Agent (including an endorsement to Xxxxxx’s title insurance policy Agent's Title Policy with respect to such Project insuring against such claim claim, demand or demandlien) assuring the discharge of Borrower’s Obligations 's obligations for such claims and demandsclaims, demands or lien, including interest and penalties, and (cd) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its their own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the a Project is scheduled to be sold for non-payment.
Appears in 1 contract
Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the LoanLoans, and will promptly furnish Lender with evidence of such payment; however, except when funds in the appliable Reserve Account are sufficient Borrower’s compliance with Section 3.4 of this Agreement relating to pay the sameimpounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the Project; however, Borrower may contest the validity of such claims and demands so long as (a1) Borrower notifies Lender that it intends to contest such claim or demand, (b2) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to XxxxxxLender’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s Obligations obligations for such claims and demands, including interest and penalties, and (c3) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-paymentnon‑payment.
Appears in 1 contract
Samples: Loan Agreement (Acadia Realty Trust)
Taxes; Charges. (a) Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the sameTaxes. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or Property with any other real or personal propertyproperty not encumbered by the Mortgage. Borrower acknowledges that Lender may, at Borrower’s sole cost and expense, engage the services of a tax service company to verify the status of taxes and assessments on the Property. Lender shall be entitled to rely upon (regardless of whether or not Lender engages a tax service company) any certificate, advice or xxxx from any authority (or any official thereof) to which such payments are payable, and Lender shall have no duty to inquire as to the validity or accuracy of any such certificate, advice or xxxx or to make any protest in connection therewith.
(b) Borrower shall pay when due all claims and demands of mechanics, materialmenmaterial suppliers, laborers and others which, if unpaid, might result in a Lien on the ProjectProperty; provided, however, that Borrower may contest the validity of such claims and demands so long as (ai) Borrower notifies Lender that it intends to contest such claim or demand, (bii) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Xxxxxx’s title insurance policy the Title Policy insuring against such claim or demand) assuring the discharge of Borrower’s Obligations obligations for such claims and demands, including interest and penalties, and (ciii) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Scheduled Maturity Date or the date on which the Project Property is scheduled to be sold for non-payment.
Appears in 1 contract
Samples: Fixed Rate Term Loan Agreement (RREEF Property Trust, Inc.)
Taxes; Charges. Borrower shall pay or cause Tenant to pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien lien upon the Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the same. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien lien on the Project; however, Borrower may contest the validity of such claims and demands so long as as
(a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to Xxxxxx’s Lender's title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s Obligations 's obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment.
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Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the any Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment; however, except when funds in the appliable Reserve Account are sufficient Borrower’s compliance with Section 3.4 of this Agreement relating to pay the sameimpounds for taxes and assessments shall, with respect to payment of such taxes and assessments, be deemed compliance with this Section 8.2). Borrower shall not suffer or permit the joint assessment of the any Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the any Project; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to XxxxxxLender’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s Obligations obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the thirtieth tenth (30th10th) day preceding the earlier to occur of the Maturity Date or the date on which the any Project is scheduled to be sold for non-payment.
Appears in 1 contract
Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)
Taxes; Charges. Borrower shall pay before any fine, penalty, interest or cost may be added thereto, and shall not enter into any agreement to defer, any real estate taxes and assessments, franchise taxes and charges, and other governmental charges that may become a Lien upon the Project or become payable during the term of the Loan, and will promptly furnish Lender with evidence of such payment, except when funds in the appliable Reserve Account are sufficient to pay the same. Borrower shall not suffer or permit the joint assessment of the Project with any other real property constituting a separate tax lot or with any other real or personal property. Borrower shall pay when due all claims and demands of mechanics, materialmen, laborers and others which, if unpaid, might result in a Lien on the Project; however, Borrower may contest the validity of such claims and demands so long as (a) Borrower notifies Lender that it intends to contest such claim or demand, (b) Borrower provides Lender with an indemnity, bond or other security satisfactory to Lender (including an endorsement to XxxxxxLender’s title insurance policy insuring against such claim or demand) assuring the discharge of Borrower’s Obligations for such claims and demands, including interest and penalties, and (c) Borrower is diligently contesting the same by appropriate legal proceedings in good faith and at its own expense and concludes such contest prior to the thirtieth (30th) day preceding the earlier to occur of the Maturity Date or the date on which the Project is scheduled to be sold for non-payment.
Appears in 1 contract
Samples: Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)