Performance by Borrower. Borrower shall 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 and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.
Appears in 19 contracts
Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (AmREIT, Inc.)
Performance by Borrower. (a) Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed of each Loan Document executed and performed by 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 under this Agreement and without the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoprior written consent of Lender.
Appears in 14 contracts
Samples: Loan Agreement (Meristar Hospitality Corp), Mezzanine Loan Agreement (Capital Lodging), Property Management Agreement (Sunstone Hotel Investors, Inc.)
Performance by Borrower. Borrower shall 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 and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.
Appears in 8 contracts
Samples: Loan Agreement (Maguire Properties Inc), Work Letter Agreement (MPG Office Trust, Inc.), 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 to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or of changes thereto.
Appears in 8 contracts
Samples: Loan Agreement (American Realty Capital Trust III, Inc.), Loan Agreement (Gaia, Inc), Loan Agreement (Inland Real Estate Income Trust, Inc.)
Performance by Borrower. Borrower shall 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 and any other agreement or instrument affecting or pertaining to the 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).
Appears in 7 contracts
Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
Performance by Borrower. Borrower shall 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 Agreement, the Security Instrument, the Note and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoDocuments.
Appears in 4 contracts
Samples: Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Independence Realty Trust, Inc)
Performance by Borrower. Borrower shall 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 and any other agreement or instrument affecting or pertaining to the Property Collateral and any amendments, modifications or changes thereto.
Appears in 4 contracts
Samples: Management Agreement (Ashford Hospitality Trust Inc), Letter Agreement (Ashford Hospitality Trust Inc), Management Agreement (Ashford Hospitality 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 required to be performed, observed and performed or fulfilled by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoBorrower.
Appears in 3 contracts
Samples: Loan Agreement (Alexanders Inc), Loan Agreement (Urban Edge Properties), Loan Agreement (Alexanders Inc)
Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed of each Loan Document executed and performed by Borrower under this Agreement and the other Loan Documents and any other agreement delivered by, or instrument affecting or pertaining to the Property and any amendmentsapplicable to, modifications or changes theretoBorrower.
Appears in 3 contracts
Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (GMH Communities Trust), Recognition Agreement (Harrahs Entertainment Inc)
Performance by Borrower. Borrower shall 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 of each Loan Document and the other Loan Documents Environmental Indemnity executed and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretodelivered by Borrower.
Appears in 3 contracts
Samples: Loan Agreement (Piedmont Office Realty Trust, Inc.), Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (City Office REIT, 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 to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or of changes thereto.
Appears in 2 contracts
Samples: Loan Agreement (Cole Credit Property Trust III, Inc.), Loan Agreement (Cole Credit Property Trust III, 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 to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.
Appears in 2 contracts
Samples: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)
Performance by Borrower. Borrower shall and shall cause each Guarantor 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 Agreement, the Note and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.
Appears in 2 contracts
Samples: Loan Agreement (Positive Physicians Holdings,inc.), Loan Agreement (Positive Physicians Holdings,inc.)
Performance by Borrower. Borrower shall 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 Agreement, the Security Instrument, the Note and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.
Appears in 2 contracts
Samples: Loan Agreement (Priam Properties Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill fulfill, in all material respects, each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or of changes thereto.
Appears in 2 contracts
Samples: Loan Agreement (Cole Corporate Income Trust, Inc.), Loan Agreement (Cole Credit Property Trust Iv, Inc.)
Performance by Borrower. Borrower shall 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 and any other agreement or instrument affecting or pertaining to the 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).
Appears in 2 contracts
Samples: Loan Agreement (MVP REIT, Inc.), Loan Agreement (MVP REIT II, Inc.)
Performance by Borrower. Borrower shall 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 and any other agreement or instrument affecting or pertaining to the any Individual Property and any amendments, modifications or changes thereto so as not to cause a Material Adverse Effect (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).
Appears in 2 contracts
Samples: Loan Agreement (Griffin Capital Essential Asset REIT, Inc.), Loan Agreement (Griffin Capital Essential Asset REIT II, 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 to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the 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).
Appears in 2 contracts
Samples: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)
Performance by Borrower. Subject to the rights of the respective parties to the applicable Lease, Borrower shall 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 and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.
Appears in 1 contract
Performance by Borrower. Borrower shall 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 and any other agreement or instrument affecting or pertaining to the each Individual Property and any amendments, modifications or changes thereto.
Appears in 1 contract
Performance by Borrower. Borrower shall 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 Agreement, the Security Instruments, the Note and the other Loan Documents and any other agreement or instrument affecting or pertaining to the any Individual Property and any amendments, modifications or of changes thereto.
Appears in 1 contract
Samples: Loan Agreement (American Realty Capital Trust III, Inc.)
Performance by Borrower. Borrower shall 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 Agreement, the Security Instrument, the Note and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.
Appears in 1 contract
Performance by Borrower. Borrower shall in a timely commercially reasonable manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, Borrower, subject to be observed applicable notice and performed by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretograce periods.
Appears in 1 contract
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 Borrower, subject to be observed all applicable notice, grace and performed by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretocure periods therein.
Appears in 1 contract
Samples: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed of each Loan Document executed and performed by Borrower under this Agreement and delivered by, or applicable to, Borrower, in accordance with the other provisions of each Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoDocument.
Appears in 1 contract
Samples: Loan and Security Agreement (Morgans Hotel Group Co.)
Performance by Borrower. Borrower shall 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 Agreement, the Security Instruments, the Note and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoDocuments.
Appears in 1 contract
Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill in all material respects each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.
Appears in 1 contract
Performance by Borrower. Borrower shall 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 and any other agreement or instrument affecting or pertaining to the 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).
Appears in 1 contract
Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed of each Loan Document executed and performed delivered by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoBorrower.
Appears in 1 contract
Performance by Borrower. Borrower shall shall, in a timely manner manner, observe, perform and fulfill in all material respects each and every covenant, term and provision to be observed of each Loan Document executed and performed delivered by Borrower under this Agreement and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoBorrower.
Appears in 1 contract
Performance by Borrower. Borrower shall 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 Agreement, the Security Instrument, the Note and the other Loan Documents and, subject to the notice and cure periods contained therein, any other agreement or instrument affecting or Material Agreement pertaining to the Property and any amendments, modifications or changes thereto.
Appears in 1 contract
Performance by Borrower. (a) Borrower shall in a timely manner observe, perform and fulfill fulfill, in all material respects, each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Pledge Agreement, the Note and the other Loan Documents and any other agreement or instrument affecting or pertaining to the Property Collateral and any amendments, modifications or of changes thereto.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Cole Corporate Income Trust, Inc.)
Performance by Borrower. Borrower shall 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 and any other agreement or instrument affecting or pertaining to the Property Individual Properties and any amendments, modifications or changes thereto.
Appears in 1 contract
Samples: Term Loan Agreement (Developers Diversified Realty Corp)
