Common use of Lender’s Right to Perform Clause in Contracts

Lender’s Right to Perform. If Borrower fails to perform any covenant or obligation contained herein and such failure will continue for a period of five Business Days after Borrower’s receipt of written notice thereof from Lender, without in any way limiting Lender’s right to exercise any of its rights, powers or remedies as provided hereunder, or under any of the other Loan Documents, Lender may, but will have no obligation to, perform, or cause performance of, such covenant or obligation, and all costs, expenses, liabilities, penalties and fines of Lender incurred or paid in connection therewith will be payable by Borrower to Lender upon demand and if not paid will be added to the Debt (and to the extent permitted under applicable laws, secured by the Security Instrument and other Loan Documents) and will bear interest thereafter at the Interest Rate. Notwithstanding the foregoing, Lender will have no obligation to send notice to Borrower of any such failure.

Appears in 4 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)

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Lender’s Right to Perform. If Borrower fails to perform any covenant or obligation contained herein and such failure will shall continue for a period of five Business Days after Borrower’s 's receipt of written notice thereof from Lender, without in any way limiting Lender’s 's right to exercise any of its rights, powers or remedies as provided hereunder, or under any of the other Loan Documents, Lender may, but will shall have no obligation to, perform, or cause performance of, such covenant or obligation, and all costs, expenses, liabilities, penalties and fines of Lender incurred or paid in connection therewith will shall be payable by Borrower to Lender upon demand and if not paid will shall be added to the Debt (and to the extent permitted under applicable laws, secured by the Security Instrument Pledge and other Loan Documents) and will shall bear interest thereafter at the Interest Default Rate. Notwithstanding the foregoing, Lender will shall have no obligation to send notice to Borrower of any such failure.

Appears in 1 contract

Samples: Management Agreement (KBS Real Estate Investment Trust, Inc.)

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Lender’s Right to Perform. If Borrower fails to perform any covenant or obligation contained herein and such failure will shall continue for a period of five Business Days ten (10) days after Borrower’s receipt of written notice thereof from Lender, without in any way limiting Lender’s right to exercise any of its rights, powers or remedies as provided hereunder, or under any of the other Loan Documents, Lender may, but will shall have no obligation to, perform, or cause performance of, such covenant or obligation, and all costs, expenses, liabilities, penalties and fines of Lender incurred or paid in connection therewith will shall be payable by Borrower to Lender upon demand and if not paid will shall be added to the Debt (and to the extent permitted under applicable laws, secured by the Security Instrument Pledge Agreement and other Loan Documents) and will shall bear interest thereafter at the Interest Default Rate. Notwithstanding the foregoing, Lender will shall have no obligation to send notice to Borrower of any such failure.

Appears in 1 contract

Samples: Mezzanine Loan Agreement

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