Common use of Right of Contest Clause in Contracts

Right of Contest. Borrower may contest in good faith any claim, demand, levy or assessment by any person other than Lender which would constitute a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s compliance with this Section shall operate to prevent such claim, demand, levy or assessment from becoming a Default.

Appears in 2 contracts

Samples: Term Loan Agreement (Invesco Real Estate Income Trust Inc.), Loan Agreement (Regan Holding Corp)

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Right of Contest. Borrower may contest in good faith any claim, demand, levy or assessment (other than liens) by any person other than Lender which would constitute a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s compliance with this Section shall operate to prevent such claim, demand, levy or assessment from becoming a Default.

Appears in 2 contracts

Samples: Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.), Loan Agreement (Phillips Edison - ARC Shopping Center REIT Inc.)

Right of Contest. Borrower may contest in good faith any claim, demand, levy or assessment by any person other than Lender which would constitute a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s 's compliance with this Section shall operate to prevent such claim, demand, levy or assessment from becoming a Default.

Appears in 2 contracts

Samples: Loan Agreement (Hines Global Reit Ii, Inc.), Loan Agreement (Communications & Power Industries Inc)

Right of Contest. Borrower may contest in good faith any claim, tax, ------------------ demand, levy or assessment by any person other than Lender which would constitute a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s 's compliance with this Section shall operate to prevent such claim, demand, levy or assessment from becoming a Default.. 12.8

Appears in 1 contract

Samples: Construction Loan Agreement (Pizza Inn Inc /Mo/)

Right of Contest. Borrower Borrowers may contest in good faith any claim, demand, levy levy, or assessment by any person other than Lender which would constitute a Default if: (a) Borrower pursues Borrowers pursue the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits Borrowers deposit with Lender any funds or other forms of assurance which Lender in good faith determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s Borrowers' compliance with this Section shall operate to prevent such claim, demand, levy or assessment from becoming a Default.

Appears in 1 contract

Samples: Loan Agreement (Hudson Pacific Properties, Inc.)

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Right of Contest. Borrower may contest in good faith any claim, demand, levy or assessment by any person other than Lender which would constitute a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of this Agreement or the Loan DocumentsNote; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s compliance with this Section shall operate to prevent such claim, demand, levy or assessment from becoming a Default.

Appears in 1 contract

Samples: Loan Agreement (Cb Richard Ellis Realty Trust)

Right of Contest. Borrower may contest in good faith any claim, demand, levy or assessment by any person Person other than Lender which would constitute a Default if: (a) Borrower pursues the contest diligently, in a manner which Lender determines is not prejudicial to Lender, and does not impair the rights of Lender under any of the Loan Documents; and (b) Borrower deposits with Lender any funds or other forms of assurance which Lender in good faith determines from time to time appropriate to protect Lender from the consequences of the contest being unsuccessful. Borrower’s compliance with this Section shall operate to prevent such claim, demand, levy or assessment from becoming a Default.

Appears in 1 contract

Samples: Loan Agreement (Apple REIT Nine, Inc.)

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