Additional Covenants and Provisions Sample Clauses

Additional Covenants and Provisions. Section 5.01. Assignee's breach of, default under, or other failure to perform ------------ or observe any term, provision, covenant or condition of this Agreement shall constitute a default by the Assignee under the Mortgage, as amended, and the other Loan Documents. If any warranty, representation, certification, financial statement or other information made or furnished at any time pursuant to any of the Loan Documents by Assignee or any person or entity on behalf of Assignee shall be materially false or misleading or furnished with knowledge of the false nature thereof, the same shall constitute a default by Assignee under the Mortgage, as amended, and the other Loan Documents. Section 5.02. All attorney's fees and costs incurred by Lender with respect to ------------ the preparation, execution and delivery of this Agreement shall be reimbursed to Lender by Borrower on demand and, if not paid when due, shall bear interest at the Default Rate set forth in the Term Note from the due date therefor until paid in full. The foregoing reimbursement agreement is in addition to, and does not supersede or otherwise affect, the Borrower's agreements in the Loan Document to reimburse the Lender for costs and expenses in connection with any collection or enforcement action. Section 5.03. Borrower shall pay when due or upon Lender's demand all ------------ reasonable closing costs including, but not limited to, recording fees, title insurance premiums and title company closing fees incurred by virtue of the loan modification evidenced by this Agreement. Section 5.04. Assignee hereby represents and warrants to Lender as follows: ------------ a. Assignee is a Delaware limited partnership, duly formed, validly existing and in good standing under the laws of such state. b. This Agreement is duly authorized, executed and delivered by Assignee and constitutes a legal, valid and binding obligation of Assignee, fully enforceable in accordance with the terms hereof and Assignee hereby acknowledges, recognizes and confirms the existence and validity of the Loan, as evidenced and secured by the Loan Documents, and further agrees that the obligations of Assignee as mortgagee under the Loan Documents are fully enforceable and represent the legal, valid and binding obligations of Assignee. c. Assignee is not aware of any defenses to the payment of the Note, the performance of the strict terms of the Mortgage or Loan Documents, or right of offset or claim against Lender. Assignee ...

Additional Covenants and Provisions. 13 16.1 Severability...............................................................................13 16.2 Interest on Past-Due Obligations...........................................................13 TABLE OF CONTENTS PAGE

Additional Covenants and Provisions. 9 16.1 Severability 9 16.2 Interest on Past-Due Obligations 9 16.3 Time of Essence 9 16.4 Landlord Liability 9 16.5 No Prior or Other Agreements 9 16.6 Notice Requirements 10 16.7 Date of Notice 10 16.8 Waivers 10 16.9 Holdover 10 16.10 Cumulative Remedies 10 16.11 Binding Effect; Choice of Law 10 16.12 Landlord 10 16.13 Attorneys' Fees and Other Costs 10 16.14 Landlord's Access: Showing Premises; Repairs 10 16.15 Signs 11 16.16 Termination: Merger 11

Additional Covenants and Provisions