Common use of Repairs; Maintenance and Compliance Clause in Contracts

Repairs; Maintenance and Compliance. Borrower shall, subject to the provisions of Section 7.2 and 7.3 of the Senior Loan Agreement, cause Owner to at all times maintain, preserve and protect all franchises and trade names of Owner, and Borrower shall cause Owner to maintain the Property in a good and safe condition and repair and shall not (and shall not permit Owner to) remove, demolish or alter the Improvements or Equipment (except for Capital Expenses and alterations performed in accordance with Section 5.4.2 hereof and normal replacement of Equipment with Equipment of equivalent value and functionality or which is worn-out, damaged or obsolete). Borrower shall promptly comply with all Legal Requirements and promptly cure (or cause Owner to cure) properly any violation of a Legal Requirement. Borrower shall notify Lender in writing within Five (5) Business Days after Borrower first receives notice of any such non-compliance. Borrower shall (or shall cause Owner to) promptly repair, replace or rebuild any part of the Property that becomes damaged, worn or dilapidated and shall (or shall cause Owner to) complete and pay for any Improvements at any time in the process of construction or repair.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (OVERSTOCK.COM, Inc)

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Repairs; Maintenance and Compliance. Borrower shall, subject to the provisions of Section 7.2 and 7.3 of the Senior Loan Agreement, cause Owner to Operating Lessee shall at all times maintain, preserve and protect all franchises and trade names of Ownerowned by Borrower and Operating Lessee, and Borrower shall cause Owner (or shall cause Operating Lessee to maintain cause) the Property to be maintained in a good and safe condition and repair and shall not (and shall not permit Owner to) remove, demolish or alter the Improvements or Equipment (except for Capital Expenses and the PIP Project performed in accordance with this Agreement, alterations performed in accordance with Section 5.4.2 hereof 5.3.2 and normal replacement of Equipment with Equipment of equivalent value and functionality or which is worn-out, damaged or obsoletefunctionality). Borrower shall promptly comply (or shall cause Operating Lessee to promptly comply) with all Legal Requirements and promptly cure (or cause Owner to cure) properly any violation of a Legal Requirement. Borrower shall notify (or shall cause Operating Lessee to notify) Lender in writing within Five five (5) Business Days after Borrower either of them first receives notice of any such non-compliance. Borrower shall (or shall cause Owner to) promptly repair, replace or rebuild (or shall cause Operating Lessee to promptly repair, replace or rebuild) any part of the Property that becomes damaged, worn or dilapidated and shall complete and pay (or shall cause Owner to) Operating Lessee to complete and pay pay) for any Improvements at any time in the process of construction or repair.. Alterations

Appears in 1 contract

Samples: Project Loan Agreement (Hersha Hospitality Trust)

Repairs; Maintenance and Compliance. Borrower shall, subject to the provisions of Section 7.2 and 7.3 of the Senior Loan Agreement, cause Owner to shall at all times maintain, preserve and protect all franchises and trade names of Ownernames, and Borrower shall cause Owner to maintain (including without limitation through enforcement of the provisions of the Property Leases in a commercially reasonable manner) the Property to be maintained in a good and safe condition and repair and shall not (and shall not permit Owner to) except as otherwise permitted by the express terms of the Property Leases, remove, demolish or alter the Improvements or Equipment (except for Capital Expenses and alterations performed in accordance with Section 5.4.2 hereof 5.3.2 or the Property Leases, and normal replacement of Equipment with Equipment of equivalent value and functionality or which is worn-out, damaged or obsoletefunctionality). Borrower shall promptly comply (including without limitation through use of commercially reasonable efforts to cause the tenants under the Property Leases to comply) with all Legal Requirements and promptly and timely cure (or cause Owner to cure) properly any violation of a Legal Requirement. Borrower shall notify Lender in writing within Five (5) one Business Days Day after Borrower first receives notice of any such non-compliance. Subject to Section 7.2 with respect to a Casualty, Borrower shall (or shall cause Owner to) tenant under the Property Leases promptly to repair, replace or rebuild any part of the Property that becomes damaged, worn or dilapidated and shall (or shall cause Owner to) complete and pay for any Improvements at any time in the process of construction or repair.

Appears in 1 contract

Samples: Loan Agreement (Gladstone Commercial Corp)

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Repairs; Maintenance and Compliance. Borrower shall, subject to the provisions of Section 7.2 and 7.3 of the Senior Loan Agreement, cause Owner to Operating Lessee shall at all times maintain, preserve and protect all franchises and trade names of Ownerowned by Borrower and Operating Lessee, and Borrower shall cause Owner (or shall cause Operating Lessee to maintain cause) the Property to be maintained in a good and safe condition and repair and shall not (and shall not permit Owner to) remove, demolish or alter the Improvements or Equipment (except for Capital Expenses and the PIP Project performed in accordance with the Project Loan Agreement, alterations performed in accordance with Section 5.4.2 hereof 5.3.2 and normal replacement of Equipment with Equipment of equivalent value and functionality or which is worn-out, damaged or obsoletefunctionality). Borrower shall promptly comply (or shall cause Operating Lessee to promptly comply) with all Legal Requirements and promptly cure (or cause Owner to cure) properly any violation of a Legal Requirement. Borrower shall notify (or shall cause Operating Lessee to notify) Lender in writing within Five five (5) Business Days after Borrower either of them first receives notice of any such non-compliance. Borrower shall (or shall cause Owner to) promptly repair, replace or rebuild (or shall cause Operating Lessee to promptly repair, replace or rebuild) any part of the Property that becomes damaged, worn or dilapidated and shall complete and pay (or shall cause Owner to) Operating Lessee to complete and pay pay) for any Improvements at any time in the process of construction or repair.

Appears in 1 contract

Samples: Term Loan Agreement (Hersha Hospitality Trust)

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