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 150 contracts

Sources: Commercial Loan Agreement (Red Oak Capital Fund V, LLC), Commercial Loan Agreement (Red Oak Capital Fund V, LLC), Loan Agreement (Manufactured Housing Properties 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, 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 31 contracts

Sources: Loan Agreement (Hartman Short Term Income Properties XX, Inc.), Loan Agreement (Pillarstone Capital Reit), Loan Agreement (Brookfield DTLA Fund Office Trust Investor 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.

Appears in 24 contracts

Sources: Loan Agreement (Washington Prime Group, L.P.), Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)

Performance by Borrower. Borrower shall in a timely manner 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 other agreement or instrument affecting or pertaining to the Property and any 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 19 contracts

Sources: Loan Agreement (AmREIT, Inc.), Loan Agreement (Strategic Storage Trust, Inc.), Loan Agreement (American Assets Trust, Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill in all material respects 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 other agreement or instrument affecting or pertaining to the Property and any 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 4 contracts

Sources: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Performance by Borrower. Borrower shall in a timely manner 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 other material agreement or instrument affecting or pertaining to the Collateral and any 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 4 contracts

Sources: Mezzanine Loan Agreement (Maguire Properties Inc), Senior Mezzanine Loan Agreement (Maguire Properties Inc), Junior Mezzanine Loan Agreement (Maguire Properties 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

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

Sources: 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 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

Sources: 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

Sources: 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, 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

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