CURE PAYMENTS. If Grantor shall fail to pay any tax, assessment, lien or other charge levied or assessed against the Mortgaged Property, or any part thereof, or shall fail to keep and perform any of the covenants and conditions herein contained, Trustee or Beneficiary, shall be privileged, but shall not be obligated, to pay any such tax, assessment, lien, rent or other charge, to redeem such property from any sale or foreclosure for taxes or assessments or liens, to effect and pay for insurance required hereunder, to perform or pay for any other obligations, and to make such other disbursements as are necessary or advisable in the opinion of Trustee or Beneficiary to cure any default of Grantor hereunder or protect the lien or the rights of Trustee and Beneficiary hereunder; any and all such sums of money advanced for such purposes by Trustee or Beneficiary shall be deemed additional Indebtedness secured by this Deed of Trust and shall be payable on demand with interest accruing from the time so advanced at the highest rate per annum set forth under the Notes (or if no rate is specified, at the maximum lawful rate), and failure on the part of Grantor to repay the amounts so advanced on demand shall constitute an event of default hereunder; provided, however, nothing herein contained shall be construed as requiring Trustee or Beneficiary to effect such insurance or to advance or expend money or take any action for any of the purposes aforesaid.
CURE PAYMENTS. SCHEDULE 4.1(m) sets forth as of March 1, 2002 and as of April 1, 2002 the approximate amount of all cure payments required to be made under section 365 of the Bankruptcy Code with respect to each Contract listed on SCHEDULE 1.1(d).
CURE PAYMENTS. In the event that Mezzanine Lender makes a cure payment in accordance with this Section 11 and all or any portion of such amount is paid by Borrower or any other Person on Borrower’s behalf to Senior Lender and is specifically designated by Borrower or such other Person making such payment, and so long as no other payment is then due and owing pursuant to the Senior Loan Documents and no Enforcement Action is ongoing, then Senior Lender shall promptly remit such payment (or such portion of such payment up to the amount paid by Mezzanine Lender in connection with the applicable cure) to Mezzanine Lender.
CURE PAYMENTS. The Seller agrees to use commercially reasonable efforts to assign the Assigned Contracts to the Purchaser pursuant to Section 365 of the Bankruptcy Code.
CURE PAYMENTS. Subject to the prior approval of the Bankruptcy Court, the Purchaser will, on or prior to the Closing, make the Cure Payments under any Assigned Contract in order that such Assigned Contract may be assigned to and assumed by the Purchaser in accordance with the provisions of Section 365 of the Bankruptcy Code and this Agreement.
CURE PAYMENTS. The Purchaser shall have paid the Cure Payments.
CURE PAYMENTS. If Borrower makes a Cure Payment, as provided ------------- above, then, for purposes of subsequent calculations of the Gross Collections Covenant that involve any of the calendar months that were included in the calculation of the Gross Collections Covenant with respect to which a Cure Payment was made, the Collections LOAN AND SECURITY AGREEMENT - Page 20 --------------------------- on Pledged Contracts, as a percentage of Projected Gross Collections, for any of such months will be deemed to be 85%; it being the intention of the parties to avoid creating a Default for a breach of the Gross Collections Covenant that is calculated for a calendar month subsequent to a calendar month for which Borrower cured a Default under the Gross Collections Covenant by making a Cure Payment.
CURE PAYMENTS. All conditions to assumption of the Real Estate Leases shall have been satisfied, including the making of any cure payments on the Exit Facility Date (or such later date as may be agreed upon in writing by the Borrower and the applicable lessor with the written consent of the Majority Banks), all as required by Section 365(b) of the Bankruptcy Code.
CURE PAYMENTS. Except as to the Permitted Encumbrances and the -------------- Assumed Liabilities (to the extent the Assumed Liabilities are assumed by POC under Section 3.3), all cure payments which may be required to be made pursuant to Bankruptcy Code section 365(b)(1) under or with respect to any of the Easements or any Contract to which CPSC and a Person other than POC (in POC's individual corporate capacity or in any other capacity) are parties, and all other amounts that have become due and owing prior to the Closing under or with respect to any of the Easements or any Contract to which CPSC and a Person other than POC are parties shall be made by CPSC on the Closing Date. Neither POC, its Affiliates, their successors or assigns nor their Representatives shall be responsible for any cure payments required to be made under Bankruptcy Code section 365(b)(1) in connection with any of the Acquired Assets or that otherwise arise with respect to any period, or that are due and owing, prior to the Closing, except as to the Permitted Encumbrances. Except as to the Permitted Encumbrances and the Assumed Liabilities (to the extent the Assumed Liabilities are assumed by POC under Section 3.3), if a dispute exists on the Closing Date as to the amount required under Bankruptcy Code section 365(b)(1) to be paid to any party to an Easement or any such Contract in order for such Easement or Contract to be assumed, pending a determination by the Bankruptcy Court after the Closing Date of the actual amount owing, an appropriate reserve, as determined by the Bankruptcy Court or by agreement of the parties, shall be maintained by CPSC to cover any additional amount that the Bankruptcy Court ultimately may determine to be due to such party in connection with such Easement or Contract. Following assignment by CPSC to POC of the Easements and such Contracts on the Closing Date, POC shall be responsible, as assignee of CPSC, for the performance under such assumed and assigned Easements and Contracts of all obligations of CPSC thereunder that first arise after the Closing (provided, that POC shall specifically not be responsible for any obligations, including indemnities, pertaining to events which occurred prior to the Closing Date). Neither POC nor its Affiliates, their successors or assigns nor their Representatives shall have any liability under any unexpired lease or executory Contract and shall have no liability under an assumed and assigned Easement or Contract other than for the p...
CURE PAYMENTS. Subject to the prior approval of the Bankruptcy Court, Seller will, on or prior to the Closing, make Cure Payments, as are necessary up to an aggregate of $100,000, under any Assumed Leases, Additional Agreements (to the extent such Additional Agreements are identified prior to the Closing) or Assigned Contracts in order that such Assumed Lease, Additional Agreement or Assigned Contract may be assigned to and assumed by Purchaser in accordance with the provisions of Section 365 of the Bankruptcy Code and this Agreement. Seller and Purchaser agree to use their commercially reasonable efforts to minimize, and to cooperate with and assist the other in, minimizing the Cure Payments.
