Common use of Certain Remedial Matters Clause in Contracts

Certain Remedial Matters. Notwithstanding any other provision of this Agreement or any other Project Loan Document, except following the occurrence and during the continuance of an Event of Default, the Borrower shall at all times retain the right, but not to the exclusion of the Lender, (A) to receive from the Lessee all notices, certificates and other documents and all information that the Lessee is permitted or required to give or furnish to the "Borrower" or the "Lessor" pursuant to the Lease or any other Project Loan Document, (B) to inspect the Property, (C) to retain all rights with respect to insurance that Article XVI of the Lease specifically confers upon the "Lessor", in its individual capacity, (D) subject to the provisions of the Security Documents, to institute proceedings for specific performance by the Lessee with the provisions of the Lease, and (E) subject to the other applicable provisions of this Agreement, to perform for the Lessee under Article XIX of the Lease.

Appears in 2 contracts

Sources: Project Loan Agreement (Agree Realty Corp), Project Loan Agreement (Agree Realty Corp)

Certain Remedial Matters. Notwithstanding any other provision of this Agreement or any other Project Loan Document, except following the occurrence and during the continuance of an Event of Default, the Borrower shall at all times retain the right, but not to the exclusion of the LenderLender or the Collateral Trustee, (A) to receive from the Lessee all notices, certificates and other documents and all information that the Lessee is permitted or required to give or furnish to the "Borrower" or the "Lessor" pursuant to the Lease Lease, the Participation Agreement or any other Project Loan DocumentOperative Agreement, (B) to inspect the Property, (C) to retain all rights with respect to insurance that Article XVI of the Lease specifically confers upon the "Lessor", in its individual capacity, (D) subject to the provisions of the Security Documents, to institute proceedings for specific performance by the Lessee with the provisions of the Lease, and (E) subject to the other applicable provisions of this Agreement, to perform for the Lessee under Article XIX of the Lease.

Appears in 1 contract

Sources: Project Loan Agreement (Agree Realty Corp)