Default for Failure to Perform Sample Clauses

Default for Failure to Perform. In addition, in the event that Trustor shall, voluntarily or involuntarily, take or permit to be taken any act, or fail to take any act which results in an acceleration of the due date of the principal balance of the Senior Note or a change in the terms thereof (other than a change in the interest rate pursuant to an adjustment to a variable interest rate set forth in such Senior Note) or in the making of a future advance secured by the Senior Encumbrance (if such advance increases the principal balance of the Senior Note to an amount greater than the principal amount shown on said Senior Note), then, irrespective of whether or not Trustor's act or omission constitutes a default under the Senior Note or Senior Encumbrance and irrespective of the Senior Note holder's actual authority or entitlement to accelerate or change such terms, subject to applicable cure periods, Beneficiary may elect at any time thereafter to accelerate and declare the entire principal balance and all accrued and unpaid interest on the Note, and all other sums secured hereby, immediately due and payable. Without in any manner limiting the aforesaid right of Beneficiary to accelerate in such event, Beneficiary may also elect to perform or discharge the Senior Encumbrance obligations or contest, at Beneficiary's sole discretion, the right and authority of the holder of the Senior Note to take the above-described action. In the event that Beneficiary shall perform or discharge all or part of the Senior Encumbrance Obligations, expenditures thus made by Beneficiary shall be reimbursed by Trustor to Beneficiary on demand. In the event that Beneficiary shall contest the aforesaid action taken by the holder of the Senior Note, Trustor agrees to cooperate with Beneficiary in such contest.
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Related to Default for Failure to Perform

  • Lenders’ Failure to Perform All Advances (other than Swing Loans and Agent Advances) shall be made by the Lenders contemporaneously and in accordance with their Pro Rata Shares. It is understood that (i) no Lender shall be responsible for any failure by any other Lender to perform its obligation to make any Advance (or other extension of credit) hereunder, nor shall any Commitment of any Lender be increased or decreased as a result of any failure by any other Lender to perform its obligations hereunder, and (ii) no failure by any Lender to perform its obligations hereunder shall excuse any other Lender from its obligations hereunder.

  • Failure to Perform In the event of a failure of performance due under this Agreement and if it becomes necessary for either party to undertake legal action against the other on account thereof, then the prevailing party shall be entitled to reasonable attorney’s fees in addition to costs and necessary disbursements.

  • Continue to Perform No resignation or removal of the Administrator will be effective, and the Administrator will continue to perform its obligations under this Agreement, until a successor Administrator has accepted its engagement according to Section 3.5(b).

  • Default Breach Remedies Notwithstanding anything to the contrary contained in Paragraph 13.1 or elsewhere in the Lease:

  • Termination for Failure to Close This Agreement shall automatically be terminated if the Closing Date shall not have occurred by March 15, 2018; provided, that the right to terminate this Agreement pursuant to this Section 7.2 shall not be available to any Party whose breach of any provision of this Agreement results in the failure of the Closing to have occurred by such time.

  • Failure to Pursue Remedies The failure of any party to seek redress for violation of, or to insist upon the strict performance of, any provision of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation.

  • No Failure to Cure Default The Seller has not received a written notice of default of any senior mortgage loan related to the Mortgaged Property which has not been cured;

  • Failure to Fulfill Conditions In the event that either of the parties hereto determines that a condition to its respective obligations to consummate the transactions contemplated hereby cannot be fulfilled on or prior to the termination of this Agreement, it will promptly notify the other party.

  • Default; Breach Lessor and Lessee agree that if an attorney is consulted by Lessor in connection with a Lessee Default or Breach (as hereinafter defined), $350.00 is a reasonable minimum sum per such occurrence for legal services and costs in the preparation and service of a notice of Default, and that Lessor may include the cost of such services and costs in said notice as rent due and payable to cure said default. A "Default" by Lessee is defined as a failure by Lessee to observe, comply with or perform any of the terms, covenants, conditions or rules applicable to Lessee under this Lease. A "Breach" by Lessee is defined as the occurrence of any one or more of the following Defaults, and, where a grace period for cure after notice is specified herein, the failure by Lessee to cure such Default prior to the expiration of the applicable grace period, and shall entitle Lessor to pursue the remedies set forth in Paragraphs 13.2 and/or 13.3:

  • Defaults Remedies (a) It shall be an Event of Default:

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