Payment for Labor and Materials. (a) Subject to the terms, provisions and conditions of the Loan Agreement, Borrower will promptly pay or cause to be paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for the Permitted Encumbrances.
Appears in 15 contracts
Samples: Security Agreement (Inland Diversified Real Estate Trust, Inc.), Security Agreement and Fixture Filing (Inland American Real Estate Trust, Inc.), Mortgage, Security Agreement (Inland American Real Estate Trust, Inc.)
Payment for Labor and Materials. (a) Subject to the terms, provisions and conditions of the Loan Agreement, Borrower will promptly pay or cause to be paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”"LABOR AND MATERIAL COSTS") incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for the Permitted Encumbrances.
Appears in 15 contracts
Samples: Trust and Security Agreement (Glimcher Realty Trust), Trust and Security Agreement (Glimcher Realty Trust), Mortgage and Security Agreement (Cedar Shopping Centers Inc)
Payment for Labor and Materials. (a) Subject to the terms, provisions and conditions of the Loan Agreement, Borrower will promptly pay or cause to be paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”"LABOR AND MATERIAL COSTS") incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for the Permitted Encumbrances.
Appears in 3 contracts
Samples: Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc), Mortgage and Security Agreement (Inland Western Retail Real Estate Trust Inc), Trust, Security Agreement and Fixture Filing (Inland Western Retail Real Estate Trust Inc)
Payment for Labor and Materials. (a) Subject to the terms, provisions and conditions of Except as otherwise provided in the Loan AgreementAgreement and subject to Section 3.6(b) below, Borrower or Operator will promptly pay or cause to be paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never not permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for the Permitted Encumbrances.
Appears in 2 contracts
Samples: Fixture Filing and Security Agreement (BRE Select Hotels Corp), Security Agreement and Fixture Filing (BRE Select Hotels Corp)
Payment for Labor and Materials. (a) Subject to the terms, provisions and conditions of the Loan Agreementclause (b) below, Borrower will promptly pay or cause to be paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never not permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never not permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for the Permitted EncumbrancesEncumbrances and except for Liens expressly permitted by the Loan Agreement.
Appears in 1 contract
Samples: Fee and Leasehold Mortgage, Security Agreement and Fixture Filing (Maui Land & Pineapple Co Inc)
Payment for Labor and Materials. (a) Subject to the terms, provisions and conditions of the Loan Agreement, Borrower will promptly pay or cause to be paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereofcreated hereby and by the other Loan Documents, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof created hereby and by the other Loan Documents, except for the Permitted Encumbrances.
Appears in 1 contract
Samples: TNP Strategic Retail Trust, Inc.
Payment for Labor and Materials. (a) Subject to the terms, provisions and conditions terms of the Loan Agreement, Borrower will promptly pay or cause to be paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and and, subject to the terms of the Loan Agreement, never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and subject to the terms of the Loan Agreement, in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof hereof, except for the Permitted Encumbrances.
Appears in 1 contract
Payment for Labor and Materials. (a) Subject to the terms, provisions and conditions of the Loan Agreement, Borrower will promptly pay or cause to be paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred by Borrower in connection with the Property except as otherwise permitted below and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for the Permitted EncumbrancesEncumbrances and other liens permitted under the Loan Agreement.
Appears in 1 contract
Samples: Fixture Filing and Security Agreement (Taubman Centers Inc)
Payment for Labor and Materials. (a) Subject to the termsSection 3.6(b) hereof, provisions and conditions of the Loan Agreement, Individual Borrower will promptly pay pay, or cause to be paid paid, when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Property and never permit to exist beyond the due date thereof in respect of the Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof except for the Permitted Encumbrances.
Appears in 1 contract
Samples: Mortgage and Security Agreement (BlueLinx Holdings Inc.)
Payment for Labor and Materials. (a) Subject to the terms, provisions and conditions of the Loan Agreement, The Borrower will pay promptly pay or cause to be paid when due all bills and costs for labor, materials, and specifically fabricated materials (“Labor and Material Costs”) incurred in connection with the Mortgaged Property and never permit to exist beyond the due date thereof in respect of the Mortgaged Property or any part thereof any lien or security interest, even though inferior to the liens and the security interests hereof, and in any event never permit to be created or exist in respect of the Mortgaged Property or any part thereof any other or additional lien or security interest other than the liens or security interests hereof hereof, except for the Permitted EncumbrancesLiens.
Appears in 1 contract
Samples: RFS Hotel Investors Inc