Common use of Performance by Borrower Clause in Contracts

Performance by Borrower. (a) Borrower shall, and shall cause Mortgage Borrower to, 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 and the other Loan Documents, or by Mortgage Borrower under the Mortgage Loan Documents, as applicable, and any other agreement or instrument affecting or pertaining to the Collateral or each Individual Property and any amendments, modifications or changes thereto (except to the extent waived by the counterparty thereto, provided that such action or failure to act by Borrower does not otherwise require Lender’s consent under the Loan Documents).

Performance by Borrower. Borrower shall (a) Borrower shall, and shall cause Mortgage Borrower to, ) 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 and the other Loan Documents, Documents or by Mortgage Borrower under the Mortgage Loan Agreement and the other Mortgage Loan Documents, as applicable, and any other agreement or instrument affecting or pertaining to the Collateral or each Individual Property and any amendments, modifications or changes thereto (except to the extent waived by the counterparty thereto, provided that such action or failure to act by Borrower does not otherwise require Lender’s consent under the Loan Documents).