Voluntary Defeasance. (a) Provided that no Event of Default has occurred and is then continuing, on and after the date which is two years after the Start-Up Day (but only before the Optional Prepayment Date), Borrower may voluntarily defease (A) all of the Loan or (B) a portion of the Loan, but only pursuant to Section ------- 5.1(b)(P); provided, that, for any defeasance, Borrower must comply with Section --------- -------- ------- 2.11. ----
Appears in 2 contracts
Samples: Loan Agreement (Brookdale Living Communities Inc), Loan Agreement (Brookdale Living Communities Inc)
Voluntary Defeasance. (a) Provided that no Event of Default has occurred and is then continuing, on and after the date which is two years after the Start-Up Day (but only before the Optional Prepayment Date), Borrower may voluntarily defease (A) all of the Loan or (B) a portion of the Loan, but only pursuant to Section ------- 5.1(b)(P); ------- --------- provided, that, for any defeasance, Borrower must comply with Section --------- 2.11. -------- ------- 2.11. ----
Appears in 1 contract
Voluntary Defeasance. (a) Provided that no Event of Default has occurred and is then continuingthen, on and after the date which is earlier to occur of (i) two years after the Start-Up Day and (ii) three years after the Closing Date (but only before the Optional Prepayment Date), Borrower may voluntarily defease (A) all of the Loan or (B) a portion of the Loan, but only pursuant to Section ------- 5.1(b)(P5.1(P); provided, that, for any defeasance, Borrower must comply with Section --------- -------- ------- 2.11. ----.
Appears in 1 contract
Samples: Loan Agreement (Mark Centers Trust)
Voluntary Defeasance. (a) Provided that no Event of Default has occurred and is then continuing, on and continuing then after the date which is two years after the Start-Up Day (but only before the Optional Prepayment Date), Borrower may voluntarily defease (A) all of the Loan or (B) a portion of the Loan, but only pursuant to Section ------- 5.1(b)(P5.1(P) or Section 2.16(c); provided, that, that for any defeasance, Borrower must comply with Section --------- -------- ------- 2.11. ----.
Appears in 1 contract
Voluntary Defeasance. (a) Provided that no Event of Default has occurred and is then continuing, on and after the date which is two years after the Start-Up Day (but only before the Optional Prepayment Date), Borrower may voluntarily defease (A) all of the Loan or (B) a portion of the Loan, but only pursuant to Section ------- 5.1(b)(P); provided, that, for any defeasance, Borrower must comply with Section --------- -------- ------- 2.11. ----.
Appears in 1 contract
Voluntary Defeasance. (a) Provided that no Event of Default has occurred and is then continuing, on and after the date which is two years after the Start-Up Day (but only before the Optional Prepayment Date), Borrower may voluntarily defease (A) all of the Loan or (B) a portion of the LoanLoan on a Facility-by-Facility basis, or (C) a portion of the Loan on a non-Facility-by-Facility basis, but only pursuant to Section ------- 5.1(b)(P5.1(P); provided, that, that for any defeasance, Borrower must comply with Section --------- -------- ------- 2.11. ----.
Appears in 1 contract