Common use of Damage to Improvements Clause in Contracts

Damage to Improvements. The Improvements are substantially damaged or destroyed by fire or other casualty and Lender determines that the Improvements cannot be restored in accordance with the terms and provisions of this Agreement and the Mortgage.

Appears in 5 contracts

Samples: Term Loan Agreement (Rexford Industrial Realty, Inc.), Term Loan Agreement (Acadia Realty Trust), Term Loan Agreement (Rexford Industrial Realty, Inc.)

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Damage to Improvements. The Improvements are substantially damaged or destroyed by fire or other casualty and Lender determines that the Improvements cannot be restored and completed in accordance with the terms and provisions of this Agreement and the Mortgage.

Appears in 3 contracts

Samples: Construction Loan Agreement (American Retirement Corp), Construction Loan Agreement (American Retirement Corp), Construction Loan Agreement (Campus Crest Communities, Inc.)

Damage to Improvements. The Improvements are substantially damaged or destroyed by fire or other casualty and Lender determines that the Improvements cannot be restored in accordance with the terms and provisions of this Agreement and the MortgageSecurity Instrument; provided that Borrower shall have the opportunity to elect to remove the damaged Improvements from the Borrowing Base pursuant to the requirements and conditions of Section 4.2.

Appears in 2 contracts

Samples: Credit Agreement (Extra Space Storage Inc.), Credit Agreement (Extra Space Storage Inc.)

Damage to Improvements. The Improvements are substantially damaged or destroyed by fire or other casualty and Lender determines that the Improvements cannot be restored in accordance with the terms and provisions of this Agreement and the MortgageDeed of Trust.

Appears in 2 contracts

Samples: Construction Loan and Security Agreement (Worldwide Stages, Inc.), Construction Loan and Security Agreement (Worldwide Stages, Inc.)

Damage to Improvements. The Improvements are substantially damaged or destroyed by fire or other casualty and Lender determines that the Improvements cannot be restored and completed in accordance with the terms and provisions of this Agreement and the MortgageDeed of Trust, if any.

Appears in 2 contracts

Samples: Master Agreement, Construction Loan Agreement

Damage to Improvements. The Improvements are substantially damaged or destroyed by fire or other casualty and Lender reasonably determines that the Improvements cannot be restored and completed in accordance with the terms and provisions of this Agreement and the Mortgage.

Appears in 2 contracts

Samples: Construction Loan Agreement, Construction Loan Agreement

Damage to Improvements. The Improvements are substantially damaged or destroyed by fire or other casualty and Lender determines in its reasonable discretion that the Improvements cannot be restored and completed in accordance with the terms and provisions of this Agreement and the MortgageSecurity Instrument.

Appears in 2 contracts

Samples: Loan and Security Agreement (4Front Ventures Corp.), Loan and Security Agreement

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Damage to Improvements. The All or substantially all of the Improvements are substantially damaged or destroyed by fire or other casualty and Lender determines that the Improvements cannot be restored and completed in accordance with the terms and provisions of this Agreement, the Lock Box Agreement and the MortgageMortgages.

Appears in 1 contract

Samples: Junior Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)

Damage to Improvements. The Improvements are substantially damaged or destroyed by fire or other casualty and Lender determines that the Improvements cannot be restored and completed in accordance with the terms and provisions of this Agreement and the MortgageDeed of Trust.

Appears in 1 contract

Samples: Loan Agreement (Cost Plus Inc/Ca/)

Damage to Improvements. The Improvements are substantially damaged or destroyed by fire or other casualty and the Lender determines determines, in its reasonable discretion, that the Improvements cannot be restored and completed in accordance with the terms and provisions of this Agreement and the MortgageDeed of Trust.

Appears in 1 contract

Samples: Construction Loan Agreement (HF Enterprises Inc.)

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