Common use of Late Payment Charge Clause in Contracts

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including the Outstanding Principal Balance due and payable on the Maturity Date) is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) 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 Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 3 contracts

Samples: Loan Agreement (Ionis Pharmaceuticals Inc), Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Ionis Pharmaceuticals Inc)

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Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including Documents, other than the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) , is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender upon promptly following demand therefor an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) 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 Security Instrument and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 3 contracts

Samples: Loan Agreement (Cole Credit Property Trust Iv, Inc.), Mezzanine Loan Agreement (Cole Corporate Income Trust, Inc.), Loan Agreement (Cole Corporate Income Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (including Documents, other than the payment of the Outstanding Principal Balance due and payable on the Maturity Date) , is not paid by Borrower on Borrowers by the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) 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 amount late payment charge shall be secured by the Security Instrument Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 3 contracts

Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (including excluding the Outstanding Principal Balance amounts due and payable on the Maturity Date) is are not paid by Borrower on or prior to the date on which it 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 (a) five three percent (53%) of such unpaid sum or (b) 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 Security Instrument Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 3 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (including excluding the Outstanding Principal Balance balloon payment due and payable on the Maturity Date) is are not paid by Borrower on or before the date on which it is due, Borrower shall pay to Administrative Agent for the account of each Lender upon demand an amount equal to the lesser of (a) five three percent (53%) of such unpaid sum or (b) and the maximum amount permitted by applicable law Maximum Legal Rate in order to defray the expense incurred by Lender Lenders 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 Security Instrument Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Excel Trust, L.P.), Loan Agreement (Excel Trust, L.P.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (Documents, including the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) , is not paid by Borrower on Borrowers by the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) 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 amount shall be secured by the Security Instrument Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust Inc)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including Documents, other than the Outstanding Principal Balance payment of principal and any other amounts due and payable on the Maturity Date) , is not paid by Borrower on or before the date on which it is due, Borrower shall pay to Lender Agent upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) the 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 Agent and Lenders for the loss of the use of such delinquent payment. Any such amount shall be secured by the Security Instrument Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Samples: Loan Agreement (Black Creek Diversified Property Fund Inc.), Loan Agreement (Black Creek Diversified Property Fund Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (including Documents, excluding the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) 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 Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.), Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (Documents, including the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) , is not paid by Borrower on by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) 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 amount shall be secured by the Security Instrument Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Cole Credit Property Trust Inc), Mezzanine Loan Agreement (Cole Credit Property Trust III, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (including Documents, other than the payment of the Outstanding Principal Balance due and payable on the Maturity Date) , is not paid by Borrower on Borrowers by the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) 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 amount late payment charge shall be secured by the Security Instrument Pledge Agreements and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Samples: Pledge and Security Agreement (MPG Office Trust, Inc.), Pledge and Security Agreement (MPG Office Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (Documents, including the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) , is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) 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 Security Instrument Instruments and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

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

Late Payment Charge. If any principal, interest or any other sum due Lender under the Loan Documents (including Documents, other than the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) , is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five three percent (53%) of such unpaid sum or (b) the maximum amount permitted by applicable law (a “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 shall be secured by the Security Instrument Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including Documents, other than the Outstanding Principal Balance payment of principal and any other amounts due and payable on the Maturity Date) , is not paid by Borrower on or before the date on which it is due, Borrower shall pay to Lender Agent upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) the 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 Agent and Lenders for the loss of the use of such delinquent payment. Any such amount shall be secured by the Security Instrument Pledge Agreement and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Black Creek Diversified Property Fund Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents Documents, (including other than the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) ), is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) 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 Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Assisted 4 Living, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due (other than the payment of the principal balance of the Note at maturity, whether by acceleration or otherwise) under the Loan Documents (including the Outstanding Principal Balance due and payable on the Maturity Date) is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five four percent (54%) of such unpaid sum or (b) 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 Security Instrument Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Pebblebrook Hotel Trust)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (including other than the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) is not paid by Borrower on by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five four percent (54%) of such unpaid sum or (b) 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 amount shall be secured by the Security Instrument Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Hard Rock Hotel Holdings, LLC)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (including other than the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) is not paid by Borrower on by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) 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 amount late payment charge shall be secured by the Security Instrument Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (CNL Income Properties Inc)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including excluding the Outstanding Principal Balance due and payable on the Maturity Date) is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) 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 Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (Documents, including the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) , is not paid by Borrower on Borrowers by the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) 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 amount late payment charge shall be secured by the Security Instrument Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

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Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including other than the Outstanding Principal Balance due and payable on the Maturity Date) is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) 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 Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital - Retail Centers of America, Inc.)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including Documents, other than the Outstanding Principal Balance payment of principal and any other amounts due and payable on the Maturity Date) , is not paid by Borrower on or before the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) 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 Security Instrument Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Samples: Loan Agreement (Pacific Oak Strategic Opportunity REIT II, Inc.)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including excluding the Outstanding Principal Balance due and payable on the Maturity Date) is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five four percent (54%) of such unpaid sum or (b) 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 Security Instrument Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Hersha Hospitality Trust)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including other than the Outstanding Principal Balance due and payable on the Maturity Date) is not paid by Borrower Borrowers on the date on which it is due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of (a) five four percent (54%) of such unpaid sum or (b) 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 Security Instrument Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (Documents, including the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) , is not paid by Borrower on by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or sum, and (b) 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 amount shall be secured by the Security Instrument Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (including Documents, excluding the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) , is not paid by Borrower on by the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (55.0%) of such unpaid sum or sum, and (b) 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 Security Instrument Pledge and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including the Outstanding Principal Balance due and payable on the Maturity Date) 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 is not paid by Borrower within two (2) Business Days after the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five percent (5%) of such unpaid sum or (b) 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 Security Instrument Mortgages and the other Loan Documents to the extent permitted by applicable law.Documents. Section 2.7

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Inc)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents (including other than the Outstanding Principal Balance payment of principal due and payable on the Maturity Date) is not paid by Borrower on or prior to the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five four percent (54%) of such unpaid sum or sum, and (b) 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 Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust V, Inc.)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including other than the Outstanding Principal Balance due and payable on the Maturity Date) is not paid by Fee Borrower on the date on which it is due, Fee Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five four percent (54%) of such unpaid sum or (b) 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 Security Instrument Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including other than the Outstanding Principal Balance due and payable on the Maturity Date) is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five four percent (54%) of such unpaid sum or (b) the maximum amount permitted by applicable law Maximum Legal Rate times such unpaid sum 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 Borrower Security Instrument Agreement, the Mortgage Documents and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Invitation Homes Inc.)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents (including excluding the Outstanding Principal Balance due and payable on the Maturity Date) is not paid by Borrower on the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of (a) five four percent (54%) of such unpaid sum or (b) 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 Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Hersha Hospitality Trust)

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