Common use of Late Payment Charge Clause in Contracts

Late Payment Charge. If any principal or interest payment is not paid by Borrower on or before the date after the same is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the 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 law.

Appears in 5 contracts

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

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Late Payment Charge. If any principal principal, interest or interest payment any other sums due under the Loan Documents is not paid by Borrower on or before prior to the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the maximum amount permitted by applicable law 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 law.

Appears in 5 contracts

Samples: Mezzanine B Loan Agreement (BRE Select Hotels Corp), Mezzanine a Loan Agreement (BRE Select Hotels Corp), Management Agreement (ESH Hospitality LLC)

Late Payment Charge. If any principal principal, interest or interest payment any other sums due under the Loan Documents is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the maximum amount permitted by applicable law 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.

Appears in 4 contracts

Samples: Credit Agreement (Entertainment Properties Trust), Loan Agreement (Entertainment Properties Trust), Loan Agreement (Entertainment Properties Trust)

Late Payment Charge. If any principal principal, interest or interest payment any other sum due under the Loan Documents is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the 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.

Appears in 3 contracts

Samples: Loan Agreement (Reckson Associates Realty Corp), Loan Agreement (Reckson Operating Partnership Lp), Loan Agreement (Reckson Associates Realty Corp)

Late Payment Charge. If any principal or interest payment is not paid by Borrower on or before the date after the same is due, Borrower shall pay to Lender lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the 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 law.

Appears in 2 contracts

Samples: Loan Agreement (Corporate Property Associates 16 Global Inc), Loan Agreement (Corporate Property Associates 15 Inc)

Late Payment Charge. If any principal Principal, interest or interest payment other sum due under any Loan Document is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) 5% of such unpaid sum or the 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.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Amerivest Properties Inc)

Late Payment Charge. If any principal principal, interest or interest payment any other sums due under the Loan Documents is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the 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 law.

Appears in 2 contracts

Samples: Loan Agreement (Koger Equity Inc), Loan Agreement (Koger Equity Inc)

Late Payment Charge. If any principal Principal, interest or interest payment other sum due under any Loan Document is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) 5% of such unpaid sum or the maximum amount permitted by applicable law 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 Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (United Investors Realty Trust), Loan Agreement (Fac Realty Trust Inc)

Late Payment Charge. If any principal Principal, interest or interest payment other sum due under any Loan Document is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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.

Appears in 2 contracts

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

Late Payment Charge. If any principal principal, interest or interest payment any other sums due under the Loan Documents is not paid by Borrower on or before prior to the date which is five (5) days after the same date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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 law.delinquent

Appears in 2 contracts

Samples: Loan Agreement (Inland American Real Estate Trust, Inc.), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Late Payment Charge. If any principal Principal, interest or interest payment other sum due under any Loan Document is not paid by Borrower on or before the date after on which it is due other than the same is duepayment due on the Maturity Date, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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 law.(the

Appears in 1 contract

Samples: Loan Agreement (Hines Global REIT, Inc.)

Late Payment Charge. If any principal or interest payment is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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 law.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capital Lodging)

Late Payment Charge. If any principal principal, interest or interest payment any other sums due under the Loan Documents is not paid by Borrower on or before by the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the 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 and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capitalsource Inc)

Late Payment Charge. If any principal or interest payment is not paid by Borrower on or before the date after the same is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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 law.

Appears in 1 contract

Samples: Term Loan Agreement (Developers Diversified Realty Corp)

Late Payment Charge. If any principal Principal, interest or interest payment other sum ------------------- due under any Loan Document is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) 5% of such unpaid sum or the 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.

Appears in 1 contract

Samples: Loan Agreement (Konover Property Trust Inc)

Late Payment Charge. If any principal Principal, interest or interest payment other sum due under any Loan Document is not paid by Borrower Borrowers on or before the date after the same on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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.

Appears in 1 contract

Samples: Loan Agreement (Parking REIT, Inc.)

Late Payment Charge. If any principal principal, interest or interest payment any other sums due under the Loan Documents is not paid by Borrower on or before by the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the 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 law.

Appears in 1 contract

Samples: Loan Agreement (Capitalsource Inc)

Late Payment Charge. If any principal Principal, interest or interest payment other sum due under any Loan Document is not paid by Borrower Borrowers on or before the date after the same on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) 2% of such unpaid sum or the 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.

Appears in 1 contract

Samples: Loan Agreement (Supertel Hospitality Inc)

Late Payment Charge. If any principal or interest payment is not paid by Borrower on or before three (3) Business Days after the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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 law.

Appears in 1 contract

Samples: Loan Agreement (RFS Partnership Lp)

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Late Payment Charge. If any principal Principal, interest or interest payment other ------------------- sum due under any Loan Document is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) percent of such unpaid sum or the maximum amount permitted by applicable law 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 Such amount shall be secured by the Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Saul Centers Inc)

Late Payment Charge. If any principal principal, interest or interest payment any other sums due under the Loan Documents is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such that unpaid sum or the maximum amount permitted by applicable law in order to defray the expense incurred by Lender in handling and processing such that delinquent payment and to compensate Lender for the loss of the use of such that delinquent payment. Any such amount shall be secured by the Mortgage Mortgages and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Malan Realty Investors Inc)

Late Payment Charge. If any principal Principal, interest or interest payment other sum due under any Loan Document is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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.

Appears in 1 contract

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

Late Payment Charge. If any principal, interest or any other sum due Lender under the Loan Documents, other than the payment of principal or interest payment due on the Maturity Date, is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four three percent (43%) of such unpaid sum or the 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 law.(a “

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Late Payment Charge. If any principal or interest payment is not paid by Borrower Maker on or before the date after the same on which it is due, Borrower Maker shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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 law.

Appears in 1 contract

Samples: Loan Agreement (Capital Lodging)

Late Payment Charge. If any principal Principal, interest or interest payment other sum due under any Loan Document is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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 law.Documents. 2.5.4

Appears in 1 contract

Samples: _______________________________________________________________ Loan Agreement (Strategic Realty Trust, Inc.)

Late Payment Charge. If any principal Principal, interest or interest payment other sum due under any Loan Document is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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.

Appears in 1 contract

Samples: Loan Agreement (Morgans Hotel Group Co.)

Late Payment Charge. If any principal principal, interest or interest payment any other sums due under the Loan Documents is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the maximum amount permitted by applicable law 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 payment (except, with respect to the extent permitted by applicable law.payments

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

Late Payment Charge. If any principal principal, interest or interest payment is any other sums due under the Loan Documents (excluding the amounts due on the Maturity Date) are not paid by Borrower on or before prior to the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or and the maximum amount permitted by applicable law 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.delinquent

Appears in 1 contract

Samples: Loan Agreement (Sun Communities Inc)

Late Payment Charge. If any principal or interest payment is not paid by Borrower on or before the date after the same is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) of such unpaid sum or the 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 law.

Appears in 1 contract

Samples: Loan Agreement (FSP 50 South Tenth Street Corp)

Late Payment Charge. If any principal principal, interest or interest payment any other sums due under the Loan Documents is not paid by Borrower on or before the date after the same on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of four five percent (45%) of such unpaid sum or the 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.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Late Payment Charge. If any principal Principal, interest or interest payment other sum due under any Loan Document is not paid by Borrower Borrowers on or before the date after the same on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of four percent (4%) 2% of such unpaid sum or the 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.

Appears in 1 contract

Samples: Loan Agreement (Humphrey Hospitality Trust Inc)

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