Common use of Damage, Destruction and Condemnation Clause in Contracts

Damage, Destruction and Condemnation. If prior to full payment of the Bonds (or provision for payment of the Bonds in accordance with the provisions of the Indenture) the Project or any portion of it is destroyed (in whole or in part) or is damaged by fire or other casualty, or title to, or the temporary use of, the Project or any portion of it shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, or shall be transferred pursuant to an agreement or settlement in lieu of eminent domain proceedings, the Borrower shall nevertheless be obligated to continue to pay the amounts specified in this Junior Loan Agreement and in the Junior Note to the extent the Junior Loan is not prepaid in accordance with the terms of the Junior Loan Documents.

Appears in 3 contracts

Samples: Junior Loan Agreement, Junior Loan Agreement, Junior Loan Agreement

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Damage, Destruction and Condemnation. If prior to full payment of the Bonds (or provision for payment of the Bonds in accordance with the provisions of the Indenture) the Project or any portion of it is destroyed (in whole or in part) or is damaged by fire or other casualty, or title to, or the temporary use of, the Project or any portion of it shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, or shall be transferred pursuant to an agreement or settlement in lieu of eminent domain proceedings, the Borrower shall nevertheless be obligated to continue to pay the amounts specified in this Junior Loan Financing Agreement and in the Junior Bond Mortgage Note to the extent the Junior Bond Mortgage Loan is not prepaid in accordance with the terms of the Junior Bond Mortgage Loan Documents.

Appears in 2 contracts

Samples: Financing Agreement, Financing Agreement

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Damage, Destruction and Condemnation. If prior to full payment of the Subordinate Bonds (or provision for payment of the Subordinate Bonds in accordance with the provisions of the Subordinate Indenture) the Project or any portion of it is destroyed (in whole or in part) or is damaged by fire or other casualty, or title to, or the temporary use of, the Project or any portion of it shall be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, or shall be transferred pursuant to an agreement or settlement in lieu of eminent domain proceedings, the Borrower shall nevertheless be obligated to continue to pay the amounts specified in this Junior Subordinate Loan Agreement and in the Junior Subordinate Note to the extent the Junior Subordinate Loan is not prepaid in accordance with the terms of the Junior Subordinate Loan Documents.

Appears in 1 contract

Samples: Subordinate Loan Agreement

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