Common use of Voluntary Defeasance Clause in Contracts

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"):

Appears in 7 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

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Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Permitted Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof Permitted Par Prepayment Date to voluntarily defease all, but not part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 6 contracts

Samples: Loan Agreement (Moody National REIT II, Inc.), Loan Agreement (Moody National REIT II, Inc.), Loan Agreement (Hudson Pacific Properties, Inc.)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Date and prior to the date voluntarily voluntary prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 4 contracts

Samples: Project Loan Agreement (Acadia Realty Trust), Project Loan Agreement (Acadia Realty Trust), Project Loan Agreement (Acadia Realty Trust)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 3 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Acadia Realty Trust), Loan Agreement (Acadia Realty Trust)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, all or any portion of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"):

Appears in 3 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, all or any portion of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 3 contracts

Samples: Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust), Loan Agreement (U-Store-It Trust)

Voluntary Defeasance. (a) Provided that no Event of Default shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof Prepayment Release Date to voluntarily defease all, the Loan in full but not part, of the Loan in part by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 3 contracts

Samples: Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl), Loan Agreement (Innkeepers Usa Trust/Fl)

Voluntary Defeasance. (a) Provided no Event of Default -------------------- shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof Maturity Date to voluntarily defease all, but not part, all or any portion of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"):

Appears in 3 contracts

Samples: Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit), Loan Agreement (Capital Automotive Reit)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Permitted Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but other than in connection with a release of an Individual Property in accordance with the terms hereof, not parta portion, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 3 contracts

Samples: Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp), Loan Agreement (Spirit Finance Corp)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the earlier to occur of the Defeasance Expiration Date and the Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, of the Loan in full by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 2 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right right, on any Payment Date occurring at any time after the Defeasance Expiration Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof Yield Maintenance End Date, to voluntarily defease all, but not part, of the then remaining principal balance of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 2 contracts

Samples: Loan Agreement (Park Hotels & Resorts Inc.), Loan Agreement (Park Hotels & Resorts Inc.)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Date and prior to the date voluntarily voluntary prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"):“Defeasance Event”)

Appears in 2 contracts

Samples: Building Loan Agreement (Acadia Realty Trust), Building Loan Agreement (Acadia Realty Trust)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Date and prior to the date voluntarily voluntary prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENTDefeasance Event"):)

Appears in 2 contracts

Samples: Building Loan Agreement (Acadia Realty Trust), Building Loan Agreement (Acadia Realty Trust)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at on any time Payment Date after the Defeasance Expiration Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof Anticipated Repayment Date to voluntarily defease all, but not part, all or any portion of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENTDefeasance Event"):

Appears in 2 contracts

Samples: Loan Agreement (Inland Real Estate Corp), Loan Agreement (Inland Real Estate Corp)

Voluntary Defeasance. (a) Provided no Event of Default shall then existexist and so long as the Defeasance Lockout Date has occurred, Borrower shall have the right at any time after the Defeasance Expiration Date and prior to the date voluntarily voluntary prepayments are permitted under Section 2.4.1 hereof to voluntarily defease allthe A Note in whole, but not in part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 2 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the earlier to occur of the Defeasance Expiration Date and the Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section SECTION 2.4.1 hereof to voluntarily defease all, but not part, of the Loan in full (or in part in connection with the release of an Individual Property pursuant to SECTION 2.6.2) by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"):

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Permitted Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 1 contract

Samples: Loan Agreement (Chatham Lodging Trust)

Voluntary Defeasance. (a) Provided no Event of Default shall then existexist and so long as the Defeasance Lockout Date has occurred, Borrower shall have the right at any time after the Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease allthe Loan in whole, but not in part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 1 contract

Samples: Loan Agreement (Fairchild Corp)

Voluntary Defeasance. (a) Provided So long as no Event of Default shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Permitted Release Date and prior to the date voluntarily voluntary prepayments are permitted under Section 2.4.1 or Section 2.4.4 hereof to voluntarily defease all, but not part, all of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENTDefeasance Event"):

Appears in 1 contract

Samples: Loan Agreement (Pennsylvania Real Estate Investment Trust)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the earlier to occur of the Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof Permitted Release Date to voluntarily defease all, but not part, of the Loan in full by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

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Voluntary Defeasance. (a) Provided no Event of Default shall then existexist and so long as the Defeasance Lockout Date has occurred, Borrower shall have the right at any time after the Defeasance Expiration Date and prior to the date voluntarily voluntary prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, all or any portion of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Permitted Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof Maturity Date to voluntarily defease all, but not part, of the entire Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Permitted Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to Permitted Par Prepayment Date voluntarily defease all, but not part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 1 contract

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

Voluntary Defeasance. (a) Provided a)Provided no Event of Default shall then exist, Borrower Borrowers shall have the right at any time after the Defeasance Expiration Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof Anticipated Repayment Date to voluntarily defease all, but not part, all or any portion of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENTDefeasance Event"):

Appears in 1 contract

Samples: Loan Agreement (Grove Property Trust)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof Maturity Date to voluntarily defease allall of the Loan or, but not partin the case of a release of an Individual Property (each, a "PARTIAL DEFEASANCE PROPERTY") in accordance with Section 2.5.2, any portion of the Loan by and upon satisfaction of the following conditions and the conditions set forth in Section 2.5.1 or Section 2.5.2, as applicable (such event being a "DEFEASANCE EVENT"):

Appears in 1 contract

Samples: Loan Agreement (Entertainment Properties Trust)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Permitted Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, of the entire Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENTDefeasance Event"):

Appears in 1 contract

Samples: Loan Agreement (Felcor Lodging Trust Inc)

Voluntary Defeasance. (a) Provided a)Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Permitted Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof Permitted Par Prepayment Date to voluntarily defease all, but not part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 1 contract

Samples: Loan Agreement (Amerco /Nv/)

Voluntary Defeasance. (a) Provided no Event of Default shall -------------------- then exist, Borrower shall have the right at any time after the Defeasance Expiration Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof Maturity Date to voluntarily defease all, but not part, all or any portion of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"):

Appears in 1 contract

Samples: Loan Agreement (Capital Automotive Reit)

Voluntary Defeasance. (a) Provided no Event of Default shall then existexist and so long as the Defeasance Lockout Date has occurred, Borrower shall have the right at any time after the Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, all or any portion of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Defeasance Expiration Permitted Release Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"):

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Permitted Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not partor any portion, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENTDefeasance Event"):

Appears in 1 contract

Samples: Loan Agreement (Summit Hotel Properties LLC)

Voluntary Defeasance. (a) Provided no Event of Default shall then exist, Borrower shall have the right at any time after the Permitted Defeasance Expiration Date and prior to the date voluntarily prepayments are permitted under Section 2.4.1 hereof to voluntarily defease all, but not part, of the Loan by and upon satisfaction of the following conditions (such event being a "DEFEASANCE EVENT"“Defeasance Event”):

Appears in 1 contract

Samples: Loan Agreement (Netreit, Inc.)

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