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, other than the payment of principal due on the Maturity Date, is not paid by Borrower within five (5) days when due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument and the other Loan Documents.

Appears in 10 contracts

Samples: Loan Agreement (Condor Hospitality Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (American Realty Capital New York Recovery Reit Inc)

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Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than the payment of principal due on the Maturity Date, Documents is not paid by Borrower within five (5) days when of (and including) the date it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument Mortgages and the other Loan Documents.

Appears in 3 contracts

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

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower within five (5) days when on the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument and the other Loan Documents.

Appears in 3 contracts

Samples: Assignment and Assumption Agreement (Supertel Hospitality Inc), Management Agreement (Ashford Hospitality Prime, Inc.), Loan Agreement (Hartman Short Term Income Properties XX, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than the payment of principal due on the Maturity Date, Documents is not paid by Borrower within five (5) days when of (and including) the date it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument Mortgage and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Lasalle Hotel Properties), Loan Agreement (Lasalle Hotel Properties)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower within five seven (57) days when of the date on which it is due, Borrower shall pay to Lender upon on demand an amount equal to the lesser of five (i) four percent (54%) of such unpaid sum or (ii) the maximum amount permitted by Applicable Law 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 amount shall be secured by the Security Instrument and the other Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (Chesapeake Lodging Trust)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower Borrowers within five ten (510) days when due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument Instruments and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (STAG Industrial, Inc.)

Late Payment Charge. If any principal, interest or payment of any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower within five (5) days when due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Alpine Income Property Trust, Inc.)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower within five (5) days when of the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument Mortgage and the other Loan Documents.

Appears in 1 contract

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

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower within five (5) days when due, Borrower shall pay to Lender Agent, for the benefit of Lender, upon demand an amount equal to the lesser of five percent (5%) of such unpaid sum or 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 for the loss of the use of such delinquent payment. Any such amount shall be secured by the Security Instrument Instrument, the Pledge Agreement and the other Loan Documents.. (d)

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than Documents (including the payment of principal amounts due on the Maturity Date, is ) are not paid by Borrower within on or prior to the date which is five (5) days when after such payment is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument Instruments and the other Loan DocumentsDocuments to the extent permitted by Legal Requirements.

Appears in 1 contract

Samples: Loan Agreement (New York REIT, Inc.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than the payment of principal due on the Maturity Date, Documents is not paid received by Borrower Lender within five (5) days when after the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Cousins Properties Inc)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower within five two (52) days when following the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five (a) 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 DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Hudson Pacific Properties, L.P.)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than the payment of principal due on the Maturity Date, is Documents are not paid by Borrower within five (5) days when dueof the date on which it is due other than with respect to the principal due on the Maturity Date, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument Agreement and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Manufactured Housing Properties Inc.)

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Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, Documents (other than the payment of principal Outstanding Principal Balance due and payable on the Maturity Date, ) is not paid by Borrower within five (5) calendar days when following the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (55.00%) 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 Security Instrument and the other Loan DocumentsDocuments to the extent permitted by law.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Late Payment Charge. If if any principal, interest or any other sum sums due under the Loan Documents, other than Documents (excluding the payment of principal amounts due on the Maturity Date, is ) are not paid by Borrower within five (5) days when prior to the fifth day following the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Acadia Realty Trust)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, Documents (other than the payment of principal amounts due on the Maturity Date, is ) are not paid by Borrower within on or prior to the date which is five (5) days when after such payment is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument Instruments and the other Loan DocumentsDocuments to the extent permitted by Legal Requirements.

Appears in 1 contract

Samples: Loan Agreement (Global Net Lease, Inc.)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower Borrowers within five (5) days when due, Borrower Borrowers shall pay to Lender upon demand an amount equal to the lesser of five three percent (53%) 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 Security Instrument and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Late Payment Charge. If any principal, interest or any other sum sums due under the Loan Documents, other than Documents (excluding the payment of principal amount due on the Maturity Date, is ) are not paid by Borrower within five (5) days when dueafter the Payment Date, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument and the other Loan DocumentsDocuments to the extent permitted by applicable law.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Late Payment Charge. If any principal, interest or payment of any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower within five (5) days when due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument and the other Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Consolidated Tomoka Land Co)

Late Payment Charge. If any principal, interest or any other sum due under the Loan Documents, other than the payment of principal due on the Maturity Date, is not paid by Borrower within five (5) days when on the date on which it is due, Borrower shall pay to Lender upon demand an amount equal to the lesser of five percent (5%) 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 Security Instrument and the other Loan Documents. 2.3.5.

Appears in 1 contract

Samples: Loan Agreement (Pillarstone Capital Reit)

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