Common use of Performance; No Default Clause in Contracts

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested Advance, and on the date of the such Advance, there shall exist no material Default and no Event of Default.

Appears in 2 contracts

Samples: Project Loan Agreement (Alexanders Inc), Supplemental Loan Agreement (Alexanders Inc)

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Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein of the Loan Documents required to be performed or complied with by it at or prior to or at the date time of the requested AdvanceAdvance Date, and on at the date time of the such AdvanceAdvance Date, there shall exist no material Default and no or Event of Default, nor shall any Default or Event of Default exist or occur after giving effect to the funding of the first Advance of the Loan.

Appears in 2 contracts

Samples: Loan Agreement (K-Sea Transportation Partners Lp), Loan Agreement (K-Sea Transportation Partners Lp)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested such Advance, and on the date of the such Advance, Advance there shall exist no material Default and no Event of Default.

Appears in 2 contracts

Samples: Second Mezzanine Loan Agreement, Second Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Performance; No Default. Borrower shall have materially performed and complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date Drawdown Date of the requested such Advance, and on the date Drawdown Date of the such Advance, Advance there shall exist no material Default and no Event of Default.

Appears in 1 contract

Samples: Construction Loan Agreement (CNL Growth Properties, Inc.)

Performance; No Default. Borrower shall have performed and complied in all material respects with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested such Advance, and on the date of the such Advance, Advance there shall exist no material Default and no Event of DefaultDefault or Shortfall.

Appears in 1 contract

Samples: Construction Loan Agreement (Allegiant Travel CO)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it in all material respects at or prior to the date of the requested such Advance, and on the date of the such Advance, Advance there shall exist no material Default and no Event of Default.

Appears in 1 contract

Samples: Building Loan Agreement (Alexanders Inc)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested Advancesuch advance, and on the date of the such Advance, Advance there shall exist no material Default and no Event of Default.

Appears in 1 contract

Samples: Building Loan Agreement (Alterra Healthcare Corp)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested Initial Advance, and on the date of the such Initial Advance, there shall exist no material Default and no or Event of Default.

Appears in 1 contract

Samples: Second Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested initial Advance, and on the date of the such initial Advance, there shall exist no material Default and no Event of Default.

Appears in 1 contract

Samples: Building Loan Agreement (Alterra Healthcare Corp)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested Advancesuch advance, and on the date of the such Advance, Advance there shall exist no material Default and no or Event of Default.

Appears in 1 contract

Samples: Building Loan Agreement (Essex Hospitality Associates Iv Lp)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested Advancesuch Advance and, and on the date of the such Advance, there shall exist no material Default and no or Event of DefaultDefault under this Agreement or the Senior Loan Agreement.

Appears in 1 contract

Samples: Mezzanine Construction Loan Agreement (Prime Group Realty Trust)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested such Initial Advance, and on the date of the such Advance, Initial Advance there shall exist no material Default and no or Event of Default.. 2.10.3

Appears in 1 contract

Samples: Project Loan Agreement

Performance; No Default. The Borrower shall have performed and ----------------------- complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date of the requested initial Advance, and on the date of the such initial Advance, there shall exist no material Default and no or Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Jameson Inns Inc)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested Initial Additional Advance, and on the date of the such Initial Additional Advance, there shall exist no material Default and no or Event of Default.

Appears in 1 contract

Samples: Building Loan Agreement (ACRES Commercial Realty Corp.)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date of the requested such Advance, and on the date of the such Advance, Advance there shall exist no material Default and no or Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Ebs Building LLC)

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Performance; No Default. The Borrower shall have performed and ----------------------- complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date of the requested such Advance, and on the date of the such Advance, Advance there shall exist no material Default and no or Event of Default.

Appears in 1 contract

Samples: Loan Agreement (Jameson Inns Inc)

Performance; No Default. Borrower shall have performed and complied in all material respects with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested such Initial Advance, and on the date of the such Advance, Advance there shall exist no material Default and no Event of Default.

Appears in 1 contract

Samples: Construction Loan Agreement (Allegiant Travel CO)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein of the Loan Documents required to be performed or and complied with by it at on or prior to before the date of the requested Advance, second Advance Date and on the date of the such Advance, Advance Date there shall exist no material Default and no or Event of Default, nor shall the making of the second Advance by the Lender result in a Default or Event of Default.

Appears in 1 contract

Samples: Loan Agreement (K-Sea Transportation Partners Lp)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date of the requested initial Advance, and on the date of the such initial Advance, there shall exist no material Default and no Event of Default.or

Appears in 1 contract

Samples: Loan Agreement (Ebs Building LLC)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested Advancesuch Advance and, and on the date of the such Advance, there shall exist no material Default and no or Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Prime Group Realty Trust)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested Advance, Initial Advance and on the date of the such Advance, Initial Advance there shall exist no material Default and no or Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Prime Group Realty Trust)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested Initial Advance, and on the date of the such initial Advance, there shall exist no ,material Default and no Event of Default.

Appears in 1 contract

Samples: Building Loan Agreement (Alexanders Inc)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested Advance, and on the date of the such Advance, there shall exist no material Default and no Event of Default.. (l)

Appears in 1 contract

Samples: Project Loan Agreement

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of the requested such Additional Advance, and on the date of the such Advance, Additional Advance there shall exist no material Default and no or Event of Default.

Appears in 1 contract

Samples: Building Loan Agreement (ACRES Commercial Realty Corp.)

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