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 (other than the outstanding Principal Amount 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 three percent (3%) of such unpaid sum or the Maximum Legal Rate (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 shall be secured by this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 5 contracts

Sources: Loan and Security Agreement (Bloomin' Brands, Inc.), Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.), Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (Documents, other than the outstanding Principal Amount 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 duedue such that the same would constitute an Event of Default hereunder, 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 (the “Late Payment Charge”) 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 this Agreement, the Security Instrument Mortgage and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 4 contracts

Sources: Loan Agreement (Americold Realty Trust), Loan Agreement (Americold Realty Trust), Loan Agreement (Americold Realty Trust)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than including the outstanding Principal Amount amounts due and payable on the Maturity DateDate but other than any amounts due with respect to Component G) is are 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 three four percent (34%) of such unpaid sum or the Maximum Legal Rate (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 shall be secured by this Agreement, the Security Instrument Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 3 contracts

Sources: Loan Agreement (Colony Starwood Homes), Loan Agreement (Colony Starwood Homes), Loan Agreement (Colony Starwood Homes)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than the outstanding Principal Amount due and payable on the Maturity Date) is not paid by Borrower on or prior to the date on which it is duedue after any applicable notice and cure period (if any) and not including the Payment Date coinciding with the Maturity Date, 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 (the “Late Payment Charge”) 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 this Agreement, the Security Instrument Instruments and the other Loan Documents to the extent permitted by applicable lawApplicable Law.

Appears in 2 contracts

Sources: Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Spirit Realty Capital, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than the outstanding Principal Amount due and payable on the Maturity Date) is not paid by Borrower on or prior to the date on which it is dueapplicable Payment Date, 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 (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 shall be secured by this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Sources: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust)

Late Payment Charge. If any Principal, interest or other sum due under any Loan Document is not paid by Borrower on the date on which it is due (except for the final payment of principal, interest or any and other sums due under the Loan Documents (other than the outstanding Principal Amount charges 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 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 this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 2 contracts

Sources: Loan Agreement (Medalist Diversified REIT, Inc.), Loan Agreement (Medalist Diversified REIT, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than the outstanding Principal Amount due and payable on the Maturity Date) is not paid by Borrower on or prior to the date on which it is dueapplicable Monthly Payment Grace Period Expiration Date, 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 (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 shall be secured by this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Sources: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than the outstanding Principal Amount 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 three percent (3%) of such unpaid sum or the Maximum Legal Rate (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 shall be secured by this Agreement, the Security Instrument Instruments and the other Loan Documents to the extent permitted by applicable law.

Appears in 2 contracts

Sources: Loan and Security Agreement (Station Casinos Inc), Loan and Security Agreement (Station Casinos Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than the outstanding Principal Amount balloon payment due and payable on the Maturity Date) is not paid by Borrower on or prior to before the fifth (5th) day after the date on which it the same is duedue and payable, 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 (the “Late Payment Charge”) 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 this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable lawLaw.

Appears in 2 contracts

Sources: Loan Agreement (Chesapeake Lodging Trust), Loan Agreement (AmREIT, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than the outstanding Principal Amount due and payable on the Maturity Date) is not paid by Borrower on or prior to before the date on which it is dueapplicable Monthly Payment Grace Period Expiration Date, 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 (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 shall be secured by this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan and Security Agreement (Hudson Pacific Properties, Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than excluding the outstanding Outstanding Principal Amount 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 pay. to Lender upon demand an amount equal to the lesser of three (a) five percent (35%) of such unpaid sum or (b} the Maximum Legal Rate (the “Late Payment Charge”) 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 this Agreement, the Security Instrument Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

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

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than the outstanding Outstanding Principal Amount Balance and any accrued and unpaid interest 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 three four percent (34%) of such unpaid sum or the Maximum Legal Rate (the “Late Payment Charge”) 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 this Agreement, the Security Instrument Pledge Agreement and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (New York REIT, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than the outstanding Principal Amount 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 three four percent (34%) of such unpaid sum or the Maximum Legal Rate (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 shall be secured by this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan and Security Agreement (American Financial Realty Trust)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (Documents, other than the outstanding Principal Amount payment of principal due and payable on the Maturity Date) , is not paid by Borrower on or prior to within five (5) days after the date on which it is due, Borrower shall pay to Lender Administrative Agent for the benefit of the Lenders upon demand a late charge (“Late Charge”) in an amount equal to the lesser of three five percent (35%) of such unpaid sum or the Maximum Legal Rate (the “Late Payment Charge”) maximum amount permitted by applicable law 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 this Agreement, the Security Instrument and the other Loan Documents Documents. Such late fee is in addition to the extent permitted by applicable lawany other rights and remedies of Lenders hereunder.

Appears in 1 contract

Sources: Loan Agreement (IPC Alternative Real Estate Income Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than the outstanding Principal Amount balloon payment due and payable on the Maturity Date) is not paid by Borrower on or prior to before the fifth (5th) day after the date on which it the same is duedue and payable, 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 (the “Late Payment Charge”) 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 this Agreement, the each Security Instrument and the other Loan Documents to the extent permitted by applicable lawLaw.

Appears in 1 contract

Sources: Loan Agreement (Cole Real Estate Income Strategy (Daily Nav), Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than excluding the outstanding Outstanding Principal Amount 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 three (a) five percent (35%) of such unpaid sum or (b) the Maximum Legal Rate (the “Late Payment Charge”) 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 this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

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

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than outstanding principal on the outstanding Principal Amount Loan due and payable on the Maturity Date) is not paid by the Borrower on or prior to the date on which it is due, the Borrower shall pay to Lender upon demand an amount equal to demand, the lesser lower of three the highest Applicable Rate set forth in this Agreement plus two percent (32%) of such unpaid sum per annum or the Maximum Legal Rate (the “Late Payment Charge”) maximum amount permitted by Applicable Law in order to defray the expense incurred by the Lender in handling and processing such delinquent payment and to compensate the Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by this Agreement, constitute part of the Security Instrument and the other Loan Documents to the extent permitted by applicable lawObligations.

Appears in 1 contract

Sources: Loan Agreement (Ramaco Resources, Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than the outstanding Principal Amount due and payable on the Maturity Date) is not paid by Borrower on or prior to the date on which it is becomes due, Borrower shall pay to Lender Administrative Agent (for the benefit of Lenders) upon demand an amount equal to the lesser of three five percent (35.0%) of such unpaid sum or the Maximum Legal Rate (the “Late Payment Charge”) in order to defray the expense incurred by Lender Administrative Agent and/or 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 this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan and Security Agreement (Vinebrook Homes Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than the outstanding Outstanding Principal Amount Balance due and payable on the Maturity DateDate (including any outstanding Deferred Interest Amount)) 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 three four percent (34.0%) of such unpaid sum or the Maximum maximum amount permitted by applicable Legal Rate (the “Late Payment Charge”) Requirements 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 this the Borrower Security Agreement, the Security Instrument Mortgage Documents and the other Loan Documents to the extent permitted by applicable lawLegal Requirements.

Appears in 1 contract

Sources: Loan Agreement (Vinebrook Homes Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than the outstanding Principal Amount 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 three five percent (35%) of such unpaid sum or the Maximum Legal Rate (the “Late Payment Charge”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 this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan and Security Agreement (Maguire Properties Inc)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than the outstanding Principal Amount 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 duedue and such failure continues for more than five (5) days, Borrower shall pay to Lender Administrative Agent upon demand an amount equal to the lesser of three ten percent (310%) of such unpaid sum or the Maximum Legal Rate (the “Late Payment Charge”) in order to defray the expense incurred by Lender Administrative Agent or 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 this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable lawDocuments.

Appears in 1 contract

Sources: Loan Agreement (Reading International Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents Documents, (other than the outstanding Principal Amount 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 three (a) five percent (35%) of such unpaid sum or sum, and (b) the Maximum Legal Rate (the “Late Payment Charge”) 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 this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

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

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than the outstanding Principal Amount balloon payment due and payable on the Maturity Date) is not paid by Borrower on or prior to before the seventh (7th) day after the date on which it the same is duedue and payable, 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 (the “Late Payment Charge”) 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 this Agreement, the each Security Instrument and the other Loan Documents to the extent permitted by applicable lawLaw.

Appears in 1 contract

Sources: Loan Agreement (Cole Credit Property Trust Iv, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than the outstanding Principal Amount 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 three five percent (35%) of such unpaid sum or the Maximum Legal Rate (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 shall be secured by this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan and Security Agreement (Digital Realty Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than the outstanding Principal Amount principal amount due and payable on the Maturity Date) is not paid by Borrower on or prior to the date on which it is due, Borrower Borrower, at Lender’s option, 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 (the “Late Payment Charge”) 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 this Agreement, the Security Instrument Mortgage and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan Agreement (Taubman Centers Inc)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than the outstanding Principal Amount due and payable on the Maturity Date) is not paid by Borrower on or prior to the date on which it is duedue (or, with respect to the payment due on the Maturity Date, the thirtieth (30th) day following the Maturity Date), 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 (the “Late Payment Charge”) 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 this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable lawApplicable Law.

Appears in 1 contract

Sources: Loan Agreement (Cb Richard Ellis Realty Trust)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than Documents, excluding the outstanding Principal Amount payment of principal due and payable on the Maturity Date) , is not paid by Borrower on or prior to the Borrowers by the date on which it is due, Borrower the Borrowers shall pay to Lender the Agent upon demand an amount equal to the lesser of three (a) five percent (35.0%) of such unpaid sum or sum, and (b) the Maximum Legal Rate (the “Late Payment Charge”) maximum amount permitted by applicable law in order to defray the expense incurred by the Agent and the Lender in handling and processing such delinquent payment and to compensate the Lender for the loss of the use of such delinquent payment. Any such amount shall be secured by this Agreement, the Security Instrument Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan Agreement (Plymouth Industrial REIT Inc.)

Late Payment Charge. If any principal, interest or any other sums sum due under the Loan Documents (other than the outstanding Outstanding Principal Amount 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 three (a) five percent (35%) of such unpaid sum or (b) the Maximum Legal Rate (the “Late Payment Charge”) 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 this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

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

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than excluding the outstanding Principal Amount balloon payment due and payable on the Maturity Date) is are not paid by Borrower on or prior to before the date on which it is due, Borrower shall pay to Lender Administrative Agent, for the benefit of Lender, upon demand an amount equal to the lesser of three percent (3%) of such unpaid sum or and the Maximum Legal Rate (the “Late Payment Charge”) in order to defray the expense incurred by Administrative Agent and/or 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 this Agreement, the Security Instrument Mortgages and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan Agreement (Apartment Income REIT, L.P.)

Late Payment Charge. If any principal, interest or any other sums due under the Loan Documents (other than the outstanding Principal Amount 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 three percent (3%) of such unpaid sum or the Maximum Legal Rate (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 shall be secured by this Agreement, the Security Instrument and the other Loan Documents to the extent permitted by applicable law.

Appears in 1 contract

Sources: Loan and Security Agreement (Ashford Hospitality Trust Inc)