Common use of Late Payment Charge Clause in Contracts

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (excluding the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three percent (3%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable law.

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (excluding the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon (within ten (10) days after the date Lender makes written demand therefor) an amount equal to the lesser of three percent (3%) 5% of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the "Late Payment Charge"), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (excluding the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon (within ten (10) days after the date Lender makes written demand therefor) an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (excluding the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment it is due, subject to any applicable grace or cure period, if any, Borrower shall pay to Lender upon demand an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents is not paid by Borrower within five (excluding 5) days of the amounts date on which such payment is due (other than a payment due on the Maturity Date) are not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three four percent (34%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgage Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If Unless waived by Lender in writing, if any principalPrincipal, interest or any other sums sum due under the any Loan Documents Document (excluding the amounts any payments due on the Maturity Date) are is not paid by Borrower on or prior to the date on which is five calendar within ten (510) days after the date such payment on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (excluding Documents, other than the amounts payment of principal due on the Maturity Date) are , is not paid by Borrower on or prior to within five (5) days of the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (excluding other than those as to which interest is accruing thereon at the amounts due on the Maturity DateDefault Rate pursuant to Section 2.2.5) are not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three four percent (34%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgage Mortgages and the other Loan Documents to the extent permitted by applicable law.

Late Payment Charge. If Unless waived by Lender in writing, if any principalPrincipal, interest or any other sums sum due under the any Loan Documents (excluding the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If Unless waived by Lender in writing, if any principal, interest or any other sums sum due under the any Loan Documents (excluding the amounts due on the Maturity Date) are Document is not paid by any Borrower on or prior to the date on which is five calendar (5) days after the date such payment it is due, such Borrower shall pay to Lender Lender, upon demand demand, an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by Applicable Law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principal, principal is not paid by Borrower on the date on which it is due or if any interest or any other sums due under the Loan Documents (excluding the amounts due on the Maturity Date) are is not paid by Borrower on or prior to within two (2) Business Days after the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgage Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (excluding the amounts due on the Maturity Date) are is not paid by Borrower on or prior to not later than the date on tenth (10th) day after which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three percent (3%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the each Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (excluding the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to within five (5) days of the date on which is five calendar (5) days after the date such payment it is due, subject to any applicable cure period, if any, Borrower shall pay to Lender upon demand an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (excluding the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon (within ten (10) days after the date Lender makes written demand therefor) an amount equal to the lesser of three percent (3%) 5% of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (excluding including the amounts due on the Maturity Date) are not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgage Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawLegal Requirements.

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under any Loan Document (other than the Loan Documents (excluding the amounts Principal due on the Maturity Date) are is not paid by Borrower on or prior to the date on which is within five calendar (5) days after the date such payment on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (excluding the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three percent (3%) 5% of such unpaid sum (other than in connection with the payment of the entire principal balance of the Loan) or the Maximum Legal Rate maximum amount permitted by applicable law (the "Late Payment Charge"), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If Unless waived by Lender in writing, if any principalPrincipal, interest or any other sums sum due under the any Loan Documents (excluding the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by Applicable Laws (the “Late Payment Charge”), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (excluding the amounts due on the Maturity Date) are Document is not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon (within ten (10) days after the date Lender makes written demand therefor) an amount equal to the lesser of three percent (3%) 5% of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the "LATE PAYMENT CHARGE"), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents is not paid by Borrower within twelve (excluding 12) Business Days of the amounts date on which it is due (other than failure to repay the Debt in full on the Maturity Date) are not paid by Borrower on or prior to the date on which is five calendar (5) days after the date such payment is due), Borrower shall pay to Lender Agent, for the Ratable benefit of the Lenders, upon demand an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law in order to defray the expense incurred by Lender Agent in handling and processing such delinquent payment and to compensate Lender Lenders for the loss of the use of such delinquent payment. Any such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (excluding the amounts due on the Maturity Date) are is not paid by Borrower on or prior to by the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three percent (33.0%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (such amount, the "Late Payment Charge") in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount Late Payment Charge shall be secured by the Mortgage Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (excluding the amounts due on the Maturity Date) are is not paid by Borrower on or prior to by the date on which is five calendar (5) days after the date such payment it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of three percent (33.0%) of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (such amount, the “Late Payment Charge”) in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such amount Late Payment Charge shall be secured by the Mortgage Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Late Payment Charge. If any principalPrincipal, interest or any other sums sum due under the any Loan Documents (excluding the amounts due on the Maturity Date) are Document is not paid by Borrower Borrowers on or prior to the date on which it is five calendar due, Borrowers shall pay to Lender (5within ten (10) days after the date such payment is due, Borrower shall pay to Lender upon makes written demand therefor) an amount equal to the lesser of three percent (3%) 5% of such unpaid sum or the Maximum Legal Rate maximum amount permitted by applicable law (the "Late Payment Charge"), in order to defray the expense incurred by Lender in handling and processing such delinquent payment and to compensate Lender for the loss of the use of such delinquent payment. Any such Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.