Common use of Collection of Award Clause in Contracts

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through a Condemnation (a “Taking”) and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a Taking), Borrower shall continue to pay the Debt at the time and in the manner provided for in the Note, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender in the adjustment and collection of the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand therefor.

Appears in 4 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

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Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a an TakingAward”) and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note (or Undefeased Note, as the case may be). If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 3 contracts

Samples: Loan Agreement (Presidential Realty Corp/De/), Loan Agreement, Loan Agreement (World Wrestling Entertainmentinc)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a “Taking”an "Award") and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate Interest Rate. If the Property is sold, through foreclosure or rates provided in otherwise, prior to the Notereceipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 2 contracts

Samples: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a an TakingAward”) and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall will continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall will not be reduced unless and until any Award shall will have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall will not be limited to the interest paid on the Award by the condemning authority but shall will be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender will have the right, whether or not a deficiency judgment on the Note will be recoverable or will have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall will cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender will hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 2 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a “Taking”an "Award") and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Reserve and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 2 contracts

Samples: Loan Agreement (Ambase Corp), Loan Agreement (Ambase Corp)

Collection of Award. Lender Administrative Agent is hereby irrevocably appointed as Borrower’s 's attorney-in-fact, exercisable during an Event of Default, coupled with an interest, with exclusive power to collect, receive and retain any award or payment in respect of a Condemnation (an “Award”) for any taking accomplished through a Condemnation (a “Taking”) and and, during an Event of Default, to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender Administrative Agent to expenses of collecting the Award and to discharge of the Debt. Lender Administrative Agent shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the NoteNote and this Agreement. If the subject Borrowing Base Property is sold, through foreclosure or otherwise, prior to the receipt by Administrative Agent of such Award, Administrative Agent shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt (except to the extent the purchase of such Borrowing Base Property is entitled to receive the same). Borrower shall cause any Award that is payable to Borrower to be paid directly to LenderAdministrative Agent. The expenses incurred by Lender Administrative Agent shall 112 hold such Award in the adjustment Casualty/Condemnation Account and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (GTJ REIT, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a “Taking”an "Award") and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (First Union Real Estate Equity & Mortgage Investments)

Collection of Award. Lender is hereby irrevocably appointed as ------------------- Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a “Taking”an "Award ") and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Konover Property Trust Inc)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment ("Award") for any taking accomplished through a Condemnation (a "Taking") and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000500,000. Notwithstanding any Taking by any public or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a Taking), Borrower shall continue to pay the Debt at the time and in the manner provided for in the Note, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender in the adjustment and collection of the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand therefor.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a an TakingAward”) and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall will continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall will not be reduced unless and until any ​ LOAN AGREEMENT, PAGE 32 ​ ​ Award shall will have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall will not be limited to the interest paid on the Award by the condemning authority but shall will be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender will have the right, whether or not a deficiency judgment on the Note will be recoverable or will have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall will cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender will hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Lodging Fund REIT III, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as each Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a “Taking”an "Award") in excess of $3,000,000 and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate Interest Rate. If a Collateral Property that is the subject of a Condemnation is sold, through foreclosure or rates provided in otherwise, prior to the Notereceipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the related Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Each Borrower shall cause any Award that is payable to such Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Fund and collection disburse such Award in accordance with the terms of the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforSection 8.4.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a an TakingAward”) and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to the reasonable expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Amerivest Properties Inc)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain Notwithstanding any award or payment (“Award”) for any taking accomplished through a Condemnation (a “Taking”) and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any award or payment in respect of a Condemnation (an “Award”) Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Account and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand therefor.terms hereof. 57

Appears in 1 contract

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment ("Award") for any taking accomplished through a Condemnation (a "Taking") and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,0001,000,000. Notwithstanding any Taking by any public or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a Taking), Borrower shall continue to pay the Debt at the time and in the manner provided for in the Note, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender in the adjustment and collection of the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand therefor.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Collection of Award. Lender is hereby irrevocably appointed as each Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a “Taking”an "AWARD") and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower Borrowers shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the affected Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Each Borrower shall cause any Award that is payable to such Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award and disburse such Award in accordance with the adjustment and collection of the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Acadia Realty Trust)

Collection of Award. Lender is hereby irrevocably appointed as Owner's and Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation in excess of $1,000,000 (a “Taking”an "Award") and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate Applicable Interest Rate. If the Collateral Property is sold, through foreclosure or rates provided in otherwise, prior to the Notereceipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower Owner shall cause any Award that is payable to Borrower Owner to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Fund and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Collection of Award. Lender is hereby irrevocably appointed as each Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a “Taking”an "AWARD") and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower Borrowers shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. Borrower If any Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrowers shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Lodgian Inc)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a an TakingAward”) and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to its actual out-of-pocket expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Collection of Award. Lender Administrative Agent is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a an TakingAward”) and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender Administrative Agent to expenses of collecting the Award and to discharge of the Debt. Lender Administrative Agent shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Administrative Agent of such Award, Administrative Agent shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to LenderAdministrative Agent for the benefit of the Lenders. The expenses incurred by Lender Administrative Agent shall hold such Award in the adjustment Casualty/Condemnation Account and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Term Loan Agreement (New York City REIT, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a an TakingAward”) and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Account and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Daily Net Asset Value Trust, Inc.)

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Collection of Award. Lender is hereby irrevocably appointed as Borrower’s Borrowers’ attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment ("Award") for any taking accomplished through a Condemnation (a "Taking") and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower Borrowers shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,0001,300,000. Notwithstanding any Taking by any public or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a Taking), Borrower Borrowers shall continue to pay the Debt at the time and in the manner provided for in the Note, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. Borrower Borrowers shall cause any Award that is payable to Borrower Borrowers to be paid directly to Lender. The expenses incurred by Lender in the adjustment and collection of the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower Borrowers to Lender within ten (10) days after the date Lender makes written demand therefor.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a an TakingAward”) and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note (or Undefeased Note, as the case may be). If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (TNP Strategic Retail Trust, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as each Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a “Taking”an "Award") and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower Borrowers shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate Interest Rate. If any Property is sold, through foreclosure or rates provided in otherwise, prior to the Notereceipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower Borrowers shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Parking REIT, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment ("Award") for any taking accomplished through a Condemnation (a "Taking") and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,0002,500,000. Notwithstanding any Taking by any public or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a Taking), Borrower shall continue to pay the Debt at the time and in the manner provided for in the Note, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender in the adjustment and collection of the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand therefor.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Collection of Award. Lender Administrative Agent is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a an TakingAward”) and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender Administrative Agent to expenses of collecting the Award and to discharge of the Debt. Lender Administrative Agent shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Administrative Agent of such Award, Administrative Agent shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to LenderAdministrative Agent for the benefit of the Lenders. The expenses incurred by Lender Administrative Agent shall hold such Award in the adjustment Casualty/Condemnation Account and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as each Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a “Taking”an "Award") in excess of $1,000,000 and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate Applicable Interest Rate. If a Collateral Property that is the subject of a Condemnation is sold, through foreclosure or rates provided in otherwise, prior to the Notereceipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Each Borrower shall cause any Award that is payable to such Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Fund and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through a Condemnation (a “Taking”) and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,0003,000,000. Notwithstanding any Taking by any public or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a Taking), Borrower shall continue to pay the Debt at the time and in the manner provided for in the Note, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender in the adjustment and collection of the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand therefor.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a an TakingAward”) and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Broad Street Realty, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”) for any taking accomplished through in respect of a Condemnation (a an TakingAward”) and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall will continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall will not be reduced unless and until any Award shall will have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall will not be limited to the interest paid on the Award by the condemning authority but shall will be entitled to receive out of the Award interest at the rate or rates provided in the NoteNotes. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender will have the right, whether or not a deficiency judgment on the Notes will be recoverable or will have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall will cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender will hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Lodging Fund REIT III, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment in respect of a Condemnation (an “Award”) for any taking accomplished through a Condemnation (a “Taking”) ), where such Award exceeds the Restoration Threshold and to make any commercially reasonable compromise compromise, adjustment or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public Condemnation (or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate Interest Rate. If the Property is sold, through foreclosure or rates provided in otherwise, prior to the Notereceipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Subaccount and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Condor Hospitality Trust, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain Notwithstanding any award or payment (“Award”) for any taking accomplished through a Condemnation (a “Taking”) and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,000. Notwithstanding any Taking by any public or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a TakingCondemnation), Borrower shall continue to pay the Debt at the time and in the manner provided for in the NoteLoan Documents, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any award or payment in respect of a Condemnation (an “Award”) Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. If the Property is sold, through foreclosure or otherwise, prior to the receipt by Lender of such Award, Lender shall have the right, whether or not a deficiency judgment on the Note shall be recoverable or shall have been sought, recovered or denied, to receive all or a portion of the Award sufficient to pay the Debt. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender shall hold such Award in the adjustment Casualty/Condemnation Account and collection of disburse such Award in accordance with the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand thereforterms hereof.

Appears in 1 contract

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)

Collection of Award. Lender is hereby irrevocably appointed as Borrower’s 's attorney-in-fact, coupled with an interest, with exclusive power to collect, receive and retain any award or payment (“Award”"AWARD") for any taking accomplished through a Condemnation (a “Taking”"TAKING") and to make any commercially reasonable compromise or settlement in connection with any such Condemnation, subject to the provisions of this Agreement. Notwithstanding the foregoing, Borrower shall have the right, provided no Default or Event of Default has occurred and is continuing, to compromise and collect or receive any award that does not exceed $1,500,0001,000,000. Notwithstanding any Taking by any public or quasi-public authority (including, without limitation, any transfer made in lieu of or in anticipation of such a Taking), Borrower shall continue to pay the Debt at the time and in the manner provided for in the Note, in this Agreement and the other Loan Documents and the Debt shall not be reduced unless and until any Award shall have been actually received and applied by Lender to expenses of collecting the Award and to discharge of the Debt. Lender shall not be limited to the interest paid on the Award by the condemning authority but shall be entitled to receive out of the Award interest at the rate or rates provided in the Note. Borrower shall cause any Award that is payable to Borrower to be paid directly to Lender. The expenses incurred by Lender in the adjustment and collection of the Award shall become part of the Debt and be secured hereby and shall be reimbursed by Borrower to Lender within ten (10) days after the date Lender makes written demand therefor.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

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