Common use of ACCELERATION UPON DEFAULT; REMEDIES Clause in Contracts

ACCELERATION UPON DEFAULT; REMEDIES. Upon the occurrence of any Default specified in this Article 11, Lender may, at its sole option, declare all sums owing to Lender under the Note, this Agreement and the other Loan Documents immediately due and payable after which such sums shall, at Lender’s option, bear interest at the Default Rate (as defined in the Note), provided, however, that all sums owing to Lender under the Note, this Agreement and the other Loan Documents shall automatically become immediately due and payable upon the occurrence of any of the Defaults listed in Sections 11.1(f), 11.1(g) and 11.1(h), after which such sums shall bear interest at the Default Rate (as defined in the Note). Upon any such acceleration, (i) Lender may, in addition to all other remedies permitted under the Note, this Agreement and the other Loan Documents and at law or equity, apply any and all sums in the Account to the sums owing under the Loan Documents; and (ii) and any and all obligations of Lender to fund further disbursements under the Loan shall terminate at Lender’s sole option.

Appears in 1 contract

Samples: Construction Loan Agreement (DC Industrial Liquidating Trust)

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ACCELERATION UPON DEFAULT; REMEDIES. Upon the occurrence and during the continuance of any Default specified in this Article 11, Lender Requisite Lenders may, at its their sole option, declare all sums owing to Lender Lenders under the NoteNotes, this Agreement and the other Loan Documents immediately due and payable after which such sums shall, at Lender’s option, bear interest at the Default Rate (as defined in the Note), payable; provided, however, that all sums owing to Lender Administrative Agent and/or Lenders under the NoteNotes, this Agreement and the other Loan Documents shall automatically become immediately due and payable upon the occurrence of any of the Defaults listed in Sections 11.1(f), 11.1(g) and 11.1(hSection 11.1(f)-(g), after which which, in each such case, and while such Default continues, such sums shall shall, at Lender’s option, bear interest at the Default Rate (as defined in the Note)Rate. Upon any such acceleration, (i) Lender Administrative Agent may, and at the direction of Requisite Lenders, shall, in addition to all other remedies permitted under the Note, this Agreement and the other Loan Documents and at law or equity, apply any and all sums in the any Account to the sums owing under the Loan Documents; and (ii) Documents and any and all obligations of Lender Lenders to fund further disbursements under the Loan shall terminate at Lender’s sole optionterminate.

Appears in 1 contract

Samples: Loan Agreement (Taubman Centers Inc)

ACCELERATION UPON DEFAULT; REMEDIES. Upon the occurrence of any Default specified in this Article 11Article, Lender may, at its sole option, declare all sums owing to Lender under the Note, this Agreement and the other Loan Documents immediately due and payable payable, after which such sums shall, at Lender’s option, bear interest at the Default Rate (as defined in the Note), provided, however, that all sums owing to Lender under the Note, this Agreement and the other Loan Documents shall automatically become immediately due and payable upon the occurrence of any of the Defaults listed in Sections 11.1(f), 11.1(gsubsection (f) and 11.1(h)of that certain Section hereof entitled Default, after which such sums shall bear interest at the Default Rate (as defined in the Note). Upon any such acceleration, (ia) Lender may, in addition to all other remedies permitted under the Note, this Agreement and the other Loan Documents and at law or equity, apply any and all sums in the Account Accounts to the sums owing under the Loan Documents; and (iib) and any and all obligations of Lender to fund further disbursements under the Loan shall terminate at Lender’s sole option.. LOAN NO. 27 0122358

Appears in 1 contract

Samples: Term Loan Agreement (Invesco Real Estate Income Trust Inc.)

ACCELERATION UPON DEFAULT; REMEDIES. Upon the occurrence of any Default specified in this Article 11, Lender Requisite Lenders may, at its their sole option, declare all sums owing to Lender Lenders under the NoteNotes, this Agreement and the other Loan Documents immediately due and payable after which such sums shall, at Lender’s option, bear interest at the Default Rate (as defined in the Note), payable; provided, however, that all sums owing to Lender Administrative Agent and/or Lenders under the NoteNotes, this Agreement and the other Loan Documents shall automatically become immediately due and payable upon the occurrence of any of the Defaults listed in Sections Section 11.1(f), ) or Section 11.1(g) and 11.1(h), after which which, in each such case, such sums shall bear interest at the Default Rate (as defined in the Note)Rate. Upon any such acceleration, (i) Lender Administrative Agent may, and at the direction of Requisite Lenders, shall, in addition to all other remedies permitted under the Note, this Agreement and the other Loan Documents and at law or equity, apply any and all sums in the Account to the sums owing under the Loan Documents; and (ii) Documents and any and all obligations of Lender Lenders to fund further disbursements under the Loan shall terminate at Lender’s sole optionterminate.

Appears in 1 contract

Samples: Loan Agreement (Ryman Hospitality Properties, Inc.)

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ACCELERATION UPON DEFAULT; REMEDIES. Upon the occurrence of any Default specified in this Article 1112, Lender Administrative Agent may, and at its sole optionthe direction of the Requisite Lenders shall, take any one or more of the following actions: (i) declare all sums owing to Lender Lenders under the NoteNotes, this Agreement and the other Loan Documents immediately due and payable after which such sums shallpayable, at Lender’s option(ii) terminate the Commitment, bear interest at or (iii) exercise on behalf of itself and the Default Rate (as defined in the Note), provided, however, that Lenders all sums owing to Lender rights and remedies available under the NoteLoan Documents and applicable law; provided that, this Agreement in case of any event with respect to the Borrower described in clause (f) of Section 12.1, the Commitment shall automatically terminate and the principal of the Loans then outstanding, together with accrued interest thereon and all fees and other obligations accrued hereunder and under the Loan Documents and Other Related Documents, shall automatically become immediately due and payable upon the occurrence of any of the Defaults listed in Sections 11.1(f), 11.1(g) and 11.1(h), after which such sums shall bear interest at the Default Rate (as defined in the Note)payable. Upon any such acceleration, Administrative Agent may, and at the direction of Requisite Lenders, shall (i) Lender mayunless such action could, in Administrative Agent’s opinion, result in significant impairment of the ability of all Lenders to recover any further amounts in respect of the Loan under Applicable Laws), in addition to all other remedies permitted under the Note, this Agreement and the other Loan Documents and at law or equity, apply any and all sums in the Account Accounts to the sums owing under the Loan Documents; and (ii) Documents and any and all obligations of Lender Lenders to fund further disbursements under the Loan shall terminate at Lender’s sole optionterminate.

Appears in 1 contract

Samples: Loan Agreement (Howard Hughes Corp)

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