Common use of Application of Payments Clause in Contracts

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 54 contracts

Samples: Multifamily Note (National Property Investors 4), Multifamily Note, Multifamily Note (Emeritus Corp\wa\)

AutoNDA by SimpleDocs

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's ’s discretion. Xxxxxxxx agrees that neither Xxxxxx's ’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 27 contracts

Samples: Multifamily Note (Behringer Harvard Opportunity REIT II, Inc.), Multifamily Note (Paladin Realty Income Properties Inc), Multifamily Note (Paladin Realty Income Properties Inc)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx Borrower agrees that neither XxxxxxLender's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 25 contracts

Samples: Multifamily Note (National Property Investors Iii), Multifamily Note (Shelter Properties Vii LTD Partnership), Multifamily Note (Shelter Properties Ii LTD Partnership)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 19 contracts

Samples: Multifamily Note (Davidson Income Real Estate Lp), Multifamily Note (Maxus Realty Trust Inc.), Replacement Reserve Agreement

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in Xxxxxx's Lender’s discretion. Xxxxxxxx Borrower agrees that neither Xxxxxx's Lender’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 7 contracts

Samples: Master Credit Facility Agreement (Archstone Smith Operating Trust), Master Credit Facility Agreement (Colonial Properties Trust), Letter Agreement (Tarragon Corp)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's ’s discretion. Xxxxxxxx agrees that neither Xxxxxx's ’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 7 contracts

Samples: Fixed+1 Multifamily Note (NNN Apartment REIT, Inc.), Acknowledgment and Agreement (Douglas Emmett Inc), Multifamily Note (Grubb & Ellis Apartment REIT, Inc.)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which that is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in Xxxxxx's Lender’s discretion. Xxxxxxxx Borrower agrees that neither Xxxxxx's Lender’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 6 contracts

Samples: Master Credit Facility Agreement (Mid America Apartment Communities Inc), Master Credit Facility Agreement (Archstone Smith Operating Trust), Master Credit Facility Agreement (Bre Properties Inc /Md/)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLxxxxx, in XxxxxxLxxxxx's discretion. Xxxxxxxx Bxxxxxxx agrees that neither XxxxxxLxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 4 contracts

Samples: Acknowledgment and Agreement (Bluerock Enhanced Multifamily Trust, Inc.), American Realty Capital New York Recovery Reit Inc, Clipper Realty Inc.

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx Borrower agrees that neither XxxxxxLender's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 4 contracts

Samples: Multifamily Note (American Community Properties Trust), And Security Agreement (Clipper Realty Inc.), Lender Acquisition Agreement (Adventure Energy, Inc.)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx Borrower agrees that neither XxxxxxLender's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 3 contracts

Samples: Note and Agreement (Arv Assisted Living Inc), Note and Agreement (Arv Assisted Living Inc), Note and Agreement (Arv Assisted Living Inc)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable under this Note in any manner and in any order determined by Xxxxxx, in Xxxxxx's ’s discretion. Xxxxxxxx agrees that neither Xxxxxx's ’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 3 contracts

Samples: Multifamily Note, Multifamily Note, Multifamily Note

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by XxxxxxLxxxxx, in Xxxxxx's Lxxxxx’s discretion. Xxxxxxxx Bxxxxxxx agrees that neither Xxxxxx's Lxxxxx’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 2 contracts

Samples: Post Properties Inc, Capital Senior Living Corp

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx agrees Xxxxxwer axxxxx that neither Xxxxxx's acceptance Lexxxx'x xcceptance of a payment from paymenx xxxx Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: And Security Agreement (Krupp Realty LTD Partnership V)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which that is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Sun Communities Inc

AutoNDA by SimpleDocs

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx agrees Xxxxower xxxxxx that neither Xxxxxx's Lexxxx'x acceptance of a payment from paymenx xxxm Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Multifamily Note (Vinings Investment Properties Trust/Ga)

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that.payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: American Community Properties Trust

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx Xxxxxxxx-agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: American Realty Capital New York Recovery Reit Inc

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx Borrower agrees that neither XxxxxxLender's acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.. Form 4100-PIO Mltifamily Interest Only Fixed Note Bellevue Manor

Appears in 1 contract

Samples: Multifamily Note (Emeritus Corp\wa\)

Application of Payments. If at any time Lender receives, from Borrower Maker or otherwise, any amount applicable to the Indebtedness which that is less than all amounts due and payable at such time, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's ’s discretion. Xxxxxxxx Maker agrees that neither Xxxxxx's ’s acceptance of a payment from Borrower Maker in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Landa App LLC

Application of Payments. If at any time a Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's ’s discretion. Xxxxxxxx agrees that neither Xxxxxx's ’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Neighborhood Landlord Rental Program Permanent Loan Agreement

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's discretion. Xxxxxxxx agrees that neither Xxxxxx's acceptance of a payment from Borrower in an amount that is less than all amounts mounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Davidson Diversified Real Estate Ii Limited Partnership

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received to amounts then due and payable in any manner and in any order determined by Xxxxxx, in Xxxxxx's ’s sole discretion. Xxxxxxxx agrees that neither Xxxxxx's ’s acceptance of a payment from Borrower in an amount that is less than all amounts then due and payable nor Lender's ’s application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: National Tax Credit Investors Ii

Application of Payments. If at any time Lender receives, from Borrower or otherwise, any amount applicable to the Indebtedness which is less than all amounts due and payable at such time, Lender may apply the amount received that payment to amounts then due and payable in any manner and in any order determined by XxxxxxLender, in XxxxxxLender's discretion. Xxxxxxxx Borrower agrees that neither Xxxxxx's xxxxxxr Lenxxx'x acceptance of a payment xxxxxxx from Borrower in an amount xxxxxx that is less than all amounts then due and payable nor Lender's application of such payment shall constitute or be deemed to constitute either a waiver of the unpaid amounts or an accord and satisfaction.

Appears in 1 contract

Samples: Multifamily Note (Secured Investment Resources Fund Lp Iii)

Time is Money Join Law Insider Premium to draft better contracts faster.