Common use of Remedies - Insolvency Events Clause in Contracts

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 or 9.8, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 or 9.8 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's election, in Agent's sole discretion.

Appears in 3 contracts

Samples: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Provident Senior Living Trust)

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Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.1(6) or 9.8Section 10.2(2), the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 10.1(6) or 9.8 Section 10.2(2) is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's election, in AgentLender's sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Strategic Realty Trust, Inc.), Loan Agreement (Strategic Realty Trust, Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 or 9.8, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowerBorrowers; however, if the Bankruptcy Party under Section 9.7 or 9.8 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's election, in Agent's sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Ensign Group, Inc), Loan Agreement (Brookdale Senior Living Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.11 or 9.8Section 10.12, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; provided, however, if the Bankruptcy Borrower Party under Section 9.7 10.11 or 9.8 Section 10.12 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Agent's sole discretion.

Appears in 2 contracts

Samples: Acquisition and Project Loan Agreement (Acadia Realty Trust), Assignment and Assumption (Acadia Realty Trust)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.7 or 9.810.8, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 10.7 or 9.8 10.8 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's ’s election, in Agent's Lender’s sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.7 or 9.8Section 10.8, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 10.7 or 9.8 Section 10.8 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's election, in AgentLender's sole discretion.

Appears in 2 contracts

Samples: Loan Agreement (Cornerstone Core Properties REIT, Inc.), Loan Agreement (Cornerstone Core Properties REIT, Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.9 or 9.810.10, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowerBorrower and each Borrower Party; provided, however, if the Bankruptcy Party under Section 9.7 10.9 or 9.8 10.10 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's the Administrative Agent’s election, in the Administrative Agent's ’s sole discretion.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Morgans Hotel Group Co.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 7.7 or 9.87.8, the obligations of Lender to advance Advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 7.7 or 9.8 7.8 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's election, in AgentLender's sole discretion.

Appears in 1 contract

Samples: Loan and Security Agreement (Bluegreen Corp)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 or 9.8, the obligations of Senior Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Senior Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 or 9.8 is other than Borrower, then all amounts due under the Senior Loan Documents shall become immediately due and payable at Senior Lender's election, in AgentSenior Lender's sole discretion.. Section 10.2

Appears in 1 contract

Samples: Senior Loan Agreement (Dames & Moore Inc /De/)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 Sections 8.8 or 9.88.9, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents (excluding the Secured Hedge Agreements) immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowerBorrowers; however, if the Bankruptcy Party under Section 9.7 Sections 8.7 or 9.8 8.8 is other than BorrowerBorrowers, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Administrative Agent's ’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Healthcare Trust, Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.8 or 9.8Section 10.9, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; provided, however, if the Bankruptcy Party under Section 9.7 10.8 or 9.8 Section 10.9 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's the Administrative Agent’s election, in the Administrative Agent's ’s sole and absolute discretion.

Appears in 1 contract

Samples: Construction Loan Agreement (Maguire Properties Inc)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section ‎Section 9.7 or and ‎Section 9.8, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowerBorrowers; however, if the Bankruptcy Party under Section ‎Section 9.7 or and ‎Section 9.8 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's ’s election, in Agent's ’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Cornerstone Healthcare Plus Reit, Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 Sections 8.8 or 9.88.9, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents (excluding the Secured Hedge Agreements) immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowerBorrowers; however, if the Bankruptcy Party under Section 9.7 Sections 8.8 or 9.8 8.9 is other than BorrowerBorrowers, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Administrative Agent's ’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Healthcare Trust, Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 or 9.8, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowerBorrowers; however, if the Bankruptcy Party under Section 9.7 or 9.8 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's ’s election, in Agent's ’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Ensign Group, Inc)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 9.8 or 9.8, Section 9.9 the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 9.8 or 9.8 Section 9.9 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Administrative Agent's ’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Shurgard Storage Centers Inc)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 or Section 9.8, the obligations of Lender to advance amounts hereunder shall automatically and immediately terminate, and all amounts due under the Loan Documents automatically and immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowerXxxxxxxx; provided; however, that if the Bankruptcy Party under Section 9.7 or Section 9.8 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's ’s election, in Agent's Xxxxxx’s sole discretion.

Appears in 1 contract

Samples: Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.8 or 9.810.9, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 10.8 or 9.8 10.9 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's the Administrative Agent’s election, in the Administrative Agent's ’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Douglas Emmett Inc)

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Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.8 or 9.810.9, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; provided, however, if the Bankruptcy Party under Section 9.7 10.8 or 9.8 10.9 is other than Borrower, then upon the occurrence of any Event of Default described in Section 10.8 or 10.9, all amounts due under the Loan Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Administrative Agent's ’s sole and absolute discretion.

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.7 or 9.8Section 10.8, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 10.7 or 9.8 Section 10.8 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's ’s election, in Agent's Lender’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 9.8 or 9.89.9, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 9.8 or 9.8 9.9 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lenderthe Administrative Agent's election, in the Administrative Agent's sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Metropolis Realty Trust Inc)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.7 or 9.810.8, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowerBorrowers; however, if the Bankruptcy Party under Section 9.7 10.7 or 9.8 10.8 is other than a Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Administrative Agent's ’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Tarragon Corp)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 7.7 or 9.87.8, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Credit Documents immediately and automatically shall become due and payable, all any unfunded portion of the Commitments shall automatically terminate and without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 7.7 or 9.8 7.8 is other than Borrower, then all amounts due under the Loan Credit Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Administrative Agent's ’s sole discretion.

Appears in 1 contract

Samples: Credit and Security Agreement (Ares Commercial Real Estate Corp)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 or Section 9.8, the obligations of Lender to advance amounts hereunder shall automatically and immediately terminate, and all amounts due under the Loan Documents automatically and immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; provided; however, that if the Bankruptcy Party under Section 9.7 or Section 9.8 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's ’s election, in Agent's Lender’s sole discretion.

Appears in 1 contract

Samples: Term Loan Agreement (Wheeler Real Estate Investment Trust, Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.11 or 9.810.12, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; provided, however, if the Bankruptcy Party under Section 9.7 10.11 or 9.8 10.12 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Administrative Agent's ’s sole and absolute discretion.

Appears in 1 contract

Samples: Loan Agreement (General Growth Properties Inc)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.8 or 9.810.9, the obligations of Lender the Lenders to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; provided, however, if the Bankruptcy Party under Section 9.7 10.8 or 9.8 10.9 is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at LenderAdministrative Agent's election, in Administrative Agent's sole and absolute discretion.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 10.1(6) or 9.8Section 10.2(2), the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by Borrower; however, if the Bankruptcy Party under Section 9.7 10.1(6) or 9.8 Section 10.2(2) is other than Borrower, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's ’s election, in Agent's Lender’s sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Bluerock Residential Growth REIT, Inc.)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 9.16 or 9.89.17, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowerBorrowers; however, if the Bankruptcy Party under Section 9.7 9.16 or 9.8 9.17 is other than Borrowerany Borrower or a Borrower Party, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's election, in AgentLender's sole discretion.

Appears in 1 contract

Samples: Loan Agreement (HMG Courtland Properties Inc)

Remedies - Insolvency Events. Upon the occurrence of any Event of Default described in Section 9.7 Sections 8.8 or 9.88.9, the obligations of Lender to advance amounts hereunder shall immediately terminate, and all amounts due under the Loan Documents (excluding the Secured Hedge Agreements) immediately shall become due and payable, all without written notice and without presentment, demand, protest, notice of protest or dishonor, notice of intent to accelerate the maturity thereof, notice of acceleration of the maturity thereof, or any other notice of default of any kind, all of which are hereby expressly waived by BorrowerBorrowers; however, if the Bankruptcy Party under Section 9.7 Sections 8.7 or 9.8 8.8 is other than BorrowerBorrowers, then all amounts due under the Loan Documents shall become immediately due and payable at Lender's Administrative Agent’s election, in Administrative Agent's ’s sole discretion.. AMENDED AND RESTATED LOAN AGREEMENT – PAGE 91 HTI MOB Portfolio

Appears in 1 contract

Samples: Loan Agreement (Healthcare Trust, Inc.)

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