Common use of Actions and Proceedings Clause in Contracts

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 79 contracts

Samples: Inland American (Inland American Real Estate Trust, Inc.), Security Agreement (Behringer Harvard Reit I Inc), Security Agreement and Fixture Filing (Behringer Harvard Reit I Inc)

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Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 15 contracts

Samples: Mortgage And (Resource Real Estate Opportunity REIT, Inc.), And Security Agreement (KBS Real Estate Investment Trust, Inc.), Restatement Agreement (KBS Real Estate Investment Trust, Inc.)

Actions and Proceedings. After the occurrence and during the continuance of an Event of Default, Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 14 contracts

Samples: Mortgage and Security Agreement (Butler International Inc /Md/), Empire Resorts Inc, Mortgage and Security Agreement (Pennsylvania Real Estate Investment Trust)

Actions and Proceedings. Lender or Trustee has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 12 contracts

Samples: Security Agreement and Fixture Filing (Moody National REIT I, Inc.), Security Agreement (Inland Real Estate Income Trust, Inc.), First States (American Assets Trust, Inc.)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property in its own name or, if required by Legal Requirements or, if in Lender’s reasonable judgment, it is necessary, in the name and on behalf of Borrower, which Lender believes will adversely affect the Property or this Security Instrument and to bring any action or proceedingproceedings, in its name or in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 11 contracts

Samples: Agreement of Consolidation and Modification (Morgans Hotel Group Co.), Mortgage, Security Agreement (Ashford Hospitality Trust Inc), Ashford Hospitality Trust Inc

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its reasonable discretion, decides should be brought to protect its interest in the Property.

Appears in 3 contracts

Samples: And Security Agreement (Infousa Inc), Trust and Security Agreement (Infousa Inc), Rents and Security Agreement (Glimcher Realty Trust)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property Property, and after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 3 contracts

Samples: Security Agreement (Associated Estates Realty Corp), Aerc Muirwood (Associated Estates Realty Corp), Loan Agreement (Price Enterprises Inc)

Actions and Proceedings. At any time, Lender has the right to appear in and defend defend, compromise or settle any action or proceeding brought with respect to the Property Property, and after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Convertible Promissory Notes        Agreement (Minrad International, Inc.), Mortgage and Security Agreement (Polymer Research Corp of America)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of BorrowerMortgagor, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Glimcher Realty Trust), Mortgage and Security Agreement (Cedar Income Fund LTD /Md/)

Actions and Proceedings. The Lender has the right to appear in and defend any action or proceeding brought with respect to the Mortgaged Property and to bring any action or proceeding, in the name and on behalf of Borrowerthe Mortgagor, which the Lender, in its their sole discretion, decides should be brought to protect its and any Secured Parties’ interest in the Mortgaged Property.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Avalon GloboCare Corp.), Mortgage and Security Agreement (Avalon GloboCare Corp.)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and, after the occurrence and during the continuance of an Event of Default, to bring any action or proceeding, in the name and on behalf of BorrowerMortgagor, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Mortgage and Security Agreement (Felcor Lodging Trust Inc), Mortgage and Security Agreement (Felcor Lodging Trust Inc)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property Property, if reasonably necessary to protect Lender's interest in the Property, and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its reasonable discretion, decides should be brought to protect its interest in the Property.

Appears in 2 contracts

Samples: Lasalle Hotel Properties, Lasalle Hotel Properties

Actions and Proceedings. Each Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which such Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Securities Purchase Agreement (Ramtron International Corp)

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Actions and Proceedings. Lender has the right to appear in ----------------------- and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Kilroy Realty Corp

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of either Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Glimcher Realty Trust)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of any Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Mortgage and Security Agreement (Ventas Inc)

Actions and Proceedings. Lender has the right to appear ----------------------- in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Agreement (Sl Green Realty Corp)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower upon notice to Borrower, which Lender, in its reasonable discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: And Consolidated Mortgage and Security Agreement (Alexanders Inc)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.. 152

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

Actions and Proceedings. Lender has the right to appear in and defend any action or proceeding brought with respect to the Property and to bring any action or proceeding, in the name and on behalf of Individual Borrower, which Lender, in its discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: Mortgage and Security Agreement (BlueLinx Holdings Inc.)

Actions and Proceedings. Lender has the right to appear in and defend any material action or material proceeding brought with respect to the Property to protect its interest in the Property and to bring any material action or material proceeding, in the name and on behalf of Borrower, which Lender, in its reasonable discretion, decides should be brought to protect its interest in the Property.

Appears in 1 contract

Samples: FSP 50 South Tenth Street Corp

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