Common use of Performance by Borrower Clause in Contracts

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower without the prior written consent of Lender.

Appears in 149 contracts

Samples: Loan Agreement (Wyndham International Inc), Loan Agreement (Highlands REIT, Inc.), Loan Agreement (Cole Credit Property Trust III, Inc.)

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Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, by Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, by Borrower without the prior written consent of Lender.

Appears in 30 contracts

Samples: Loan Agreement (Interstate Hotels & Resorts Inc), Loan Agreement (Americold Realty Trust), Loan Agreement (Americold Realty Trust)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower without the prior written consent of Lender.

Appears in 24 contracts

Samples: Loan Agreement (FelCor Lodging Trust Inc), Loan Agreement (City Office REIT, Inc.), Loan Agreement (Maguire Properties Inc)

Performance by Borrower. Borrower shall (a) in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement, the Mortgage, the Note and the other Loan Documents and (b) in a timely manner observe, perform and fulfill, in all material respects, its material obligations under any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications of each Loan Document executed and delivered by, or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower without the prior written consent of Lenderchanges thereto.

Appears in 4 contracts

Samples: Loan Agreement (Dividend Capital Total Realty Trust Inc.), Loan Agreement (Industrial Income Trust Inc.), Loan Agreement (Dividend Capital Total Realty Trust Inc.)

Performance by Borrower. Borrower shall in a timely ----------------------- manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower without the prior written consent of Lender, in its sole discretion.

Appears in 3 contracts

Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)

Performance by Borrower. Borrower and Grantor shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, BorrowerBorrower or Grantor, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower or Grantor without the prior written consent of Lender.

Appears in 2 contracts

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

Performance by Borrower. Borrower shall in a timely manner (subject to any notice, cure and/or contest rights expressly provided for in the Loan Documents) observe, perform and fulfill each and every covenant, term and provision of each to be observed and performed by Borrower under this Agreement and the other Loan Document executed Documents and delivered byany amendments, modifications or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower without the prior written consent of Lenderchanges thereto.

Appears in 1 contract

Samples: Loan Agreement (Sunstone Hotel Investors, Inc.)

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Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document 44 executed and delivered by, or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower without the prior written consent of Lender.

Appears in 1 contract

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

Performance by Borrower. Borrower shall in a timely manner ----------------------- observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, Borrower, and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, Borrower without the prior written consent of Lender, in its sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Capital Automotive Reit)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, Borrower, Borrower and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document (other than any amendment, waiver, supplement, termination or other modification of any Loan Document to which Lender must be a signatory) executed and delivered by, or applicable to, Borrower without the prior written consent of Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Alexanders Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, by Borrower (or applicable to, Borrowershall cause such observance performance and fulfillment), and shall not enter into or otherwise suffer or permit any amendment, waiver, supplement, termination or other modification of any Loan Document executed and delivered by, or applicable to, by Borrower without the prior written consent of Lender.

Appears in 1 contract

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

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