Common use of DEFAULT AND ACCELERATION Clause in Contracts

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, Default Interest (as defined below), late charges and other sums, as provided in this Note, the Security Instrument or the other Loan Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Documents, (d) all sums advanced pursuant to the provisions of the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Security Instrument or the other Loan Documents in connection with the Debt (defined below) or any part thereof, any renewal, extension or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the “Debt”) shall without notice become immediately due and payable at the option of Lender if (i) any Monthly Payment is not paid within five (5) days of the date when due, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt is not paid on or before the Maturity Date or (iv) Borrower commits any other default, and fails to cure same prior to the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Documents (collectively, an “Event of Default”).

Appears in 2 contracts

Sources: Promissory Note (American Assets Trust, Inc.), Promissory Note (American Assets Trust, Inc.)

DEFAULT AND ACCELERATION. Time is of the essence hereof and it is expressly agreed that (a) The if Borrower shall fail to make any payment under this Note within five (5) business days after receiving written notice that the same is due, (b) if a default shall occur and be continuing, after the expiration of any applicable notice and grace periods under the terms of that certain Office Lease dated on or about the date hereof by and between Borrower, as Tenant, and Lender, as Landlord, as the same may be amended from time to time (the "LEASE"), (each, an "EVENT OF DEFAULT") or (c) upon the expiration or sooner termination of the Lease, at the option of Lender (i) the whole of the principal sum of this Note, (bii) interest, Default Interest (as defined below)default interest, late charges charges, and other sums, as provided in this Note, the Security Instrument or the other Loan Documents (defined below), (ciii) all other monies agreed to be paid or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Documents, and (div) all sums advanced pursuant to the provisions of the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Security Instrument or the other Loan Documents in connection with the Debt (defined below) ), or any part thereof, any renewal, extension extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (ai) through (eiv) above shall collectively be referred to as the “Debt”"DEBT") shall without notice become immediately due and payable and Lender shall have the right, in addition to all other remedies available to it at law or in equity, to draw upon the option Note Letter of Lender if (i) any Monthly Payment is not paid within five (5) days Credit pursuant to the terms thereof for the full amount of the date when due, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt is not paid on or before the Maturity Date or (iv) Borrower commits any other default, and fails to cure same prior to the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Documents (collectively, an “Event of Default”)Debt.

Appears in 1 contract

Sources: Office Lease (Etoys Inc)

DEFAULT AND ACCELERATION. Borrower covenants and agrees that if (a) The any payment required hereunder (other than the payment due on the Maturity Date) is not paid prior to the fifth (5th) day after the same is due, or (b) the entire Debt (defined below) is not paid on or before the Maturity Date or (c) any other Event of Default (as defined in the Security Instrument (defined below)) shall continue to exist after giving effect to all applicable grace periods, then at the option of Lender (i) the whole of the principal sum of this Note, (bii) interest, Default Interest (as defined below)default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan Other Security Documents (as defined belowin the Security Instrument), (ciii) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (div) all sums advanced pursuant to the provisions of the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (ev) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Security Instrument or the other Loan Documents in connection with the Debt (defined below) or any part thereof, any renewal, extension extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (ai) through (ev) above shall collectively be referred to as the “Debt”) shall without notice become immediately due and payable at the option of Lender if (i) any Monthly Payment is not paid within five (5) days of the date when due, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt is not paid on or before the Maturity Date or (iv) Borrower commits any other default, and fails to cure same prior to the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Documents (collectively, an “Event of Default”)payable.

Appears in 1 contract

Sources: Promissory Note (AmREIT, Inc.)

DEFAULT AND ACCELERATION. Borrower covenants and agrees that if (a) The any payment required hereunder (other than the payment due on the Maturity Date) is not paid prior to the fifth (5th) day after the same is due, or (b) the entire Debt (defined below) is not paid on or before the Maturity Date or (c) any other Event of Default (as defined in the Security Instrument (defined below)) shall occur, then at the option of Lender (i) the whole of the principal sum of this Note, (bii) interest, Default Interest (as defined below)default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan Other Security Documents (as defined belowin the Security Instrument), (ciii) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (div) all sums advanced pursuant to the provisions of the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (ev) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Security Instrument or the other Loan Documents in connection with the Debt (defined below) or any part thereof, any renewal, extension extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (ai) through (ev) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if (i) any Monthly Payment is not paid within five (5) days of the date when due, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt is not paid on or before the Maturity Date or (iv) Borrower commits any other default, and fails to cure same prior to the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Documents (collectively, an “Event of Default”)payable.

Appears in 1 contract

Sources: Promissory Note (Pyramid Breweries Inc)

DEFAULT AND ACCELERATION. Borrower covenants and agrees that if (a) The any payment required hereunder (other than the payment due on the Maturity Date) is not paid prior to the fifth (5th) day after the same is due, or (b) the entire Debt (defined below) is not paid on or before the Maturity Date or (c) any other Event of Default (as defined in the Security Instrument (defined below)) shall continue to exist after giving effect to all applicable grace periods, then at the option of Lender (i) the whole of the principal sum of this Note, (bii) interest, Default Interest (as defined below)default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan Other Security Documents (as defined belowin the Security Instrument), (ciii) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (div) all sums advanced pursuant to the provisions of the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (ev) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Security Instrument or the other Loan Documents in connection with the Debt (defined below) or any part thereof, any renewal, extension extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (ai) through (ev) above shall collectively be referred to as the “Debt”) shall without notice become immediately due and payable at the option of Lender if (i) payable. Whenever any Monthly Payment is not paid within five (5) days of the date when duepayment to be made under this Note, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt is not paid on or before the Maturity Date or (iv) Borrower commits any other default, and fails to cure same prior to the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or under any of Other Security Document shall be stated to be due on a day which is not a Business Day (hereinafter defined), the other Loan Documents (collectivelydue date thereof shall be the Business Day immediately preceding such day. For purposes hereof, an the term Event of Default”).

Appears in 1 contract

Sources: Promissory Note (AmREIT, Inc.)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, Default Interest (as defined below)default interest, late charges and other sums, as provided in this Note, the Security Instrument (defined below) or the other Loan Other Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (d) all sums advanced pursuant to the provisions of the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Security Instrument or the other Loan Documents in connection with the Debt (defined below) or any part thereof, any renewal, extension extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if any payment required in this Note (imonetary default) any Monthly Payment is not paid within five (5) days of the date when due, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt is not paid on or before prior to the tenth (10th) day after the date when any monthly payment is due or on the Maturity Date or (iv) Borrower commits or, on the happening of any other default (non-monetary default), and fails to cure same prior to after the expiration of any applicable notice and applicable grace periods, periods herein or under the terms of the Security Instrument or any of the other Loan Other Security Documents (collectively, an "Event of Default").

Appears in 1 contract

Sources: Credit Agreement (TRANS LUX Corp)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest at the Default Interest (as defined below)Rate, late charges and other sums, as provided in this Note, the Security Instrument Instruments (defined below) or the other Loan Other Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument Instruments or the other Loan Other Security Documents, (d) all sums advanced pursuant to the provisions any of the Security Instrument Instruments to protect and preserve any of the Property Properties (defined below) and the lien and the security interest created thereby, and (e) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Security Instrument or the other Loan Documents in connection with the Debt (defined below) or any part thereof, any renewal, extension extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if (i) any Monthly Payment payment required in this Note is not paid within five (5) days of the date when due, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt is not paid due or on or before the Maturity Date or (iv) Borrower commits on the happening of any other default, and fails to cure same prior to after the expiration of any applicable notice and grace periods, if any, herein or under the terms of the Security Instrument Instruments or any of the other Loan Other Security Documents (collectively, an "Event of Default").

Appears in 1 contract

Sources: Promissory Note (Developers Diversified Realty Corp)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this NoteNote and the Other Note (defined below), (b) interest, Default Interest (as defined below)default interest, late charges and other sums, as provided in this Note, the Other Note, the Security Instrument or the other Loan Other Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Other Note, the Security Instrument or the other Loan Other Security Documents, (d) all sums advanced pursuant to the provisions of the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (e) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Other Note, the Security Instrument or the other Loan Other Security Documents in connection with the Debt (defined below) or any part thereof, any renewal, extension or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the “Debt”) shall without notice become immediately due and payable at the option of Lender if (i) any Monthly Payment is not paid within five (5) days of payment required in this Note or the date when due, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt Other Note is not paid on or before the Maturity Date date the same is due, or (ivii) Borrower commits any other default, and fails to cure same prior to the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Other Security Documents (collectively, an “Event of Default”).

Appears in 1 contract

Sources: Substitute Note (American Assets Trust, Inc.)

DEFAULT AND ACCELERATION. Borrower covenants and agrees that if (a) The any payment required hereunder (other than the payment due on the Maturity Date) is not paid prior to the fifth (5th) day after the same is due, or (b) the entire Debt (defined below) is not paid on or before the Maturity Date or (c) any other Event of Default (as defined in the Security Instrument (defined below)) shall continue to exist after giving effect to all applicable grace periods, then at the option of Lender (i) the whole of the principal sum of this Note, (bii) interest, Default Interest (as defined below)default interest, late charges and other sums, as provided in this Note, the Security Instrument or the other Loan Other Security Documents (as defined belowin the Security Instrument), (ciii) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument or the other Loan Other Security Documents, (div) all sums advanced pursuant to the provisions of the Security Instrument to protect and preserve the Property (defined below) and the lien and the security interest created thereby, and (ev) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Security Instrument or the other Loan Documents in connection with the Debt (defined below) or any part thereof, any renewal, extension extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (ai) through (ev) above shall collectively be referred to as the “Debt”) shall without notice become immediately due and payable at the option of Lender if (i) payable. Whenever any Monthly Payment is not paid within five (5) days of the date when duepayment to be made under this Note, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt is not paid on or before the Maturity Date or (iv) Borrower commits any other default, and fails to cure same prior to the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or under any of the other Loan Documents (collectively, an “Event of Default”).Other Security Document shall be stated to be due on a day

Appears in 1 contract

Sources: Promissory Note (AmREIT Monthly Income & Growth Fund III LTD)

DEFAULT AND ACCELERATION. If any payment required in this Note is not paid (a) The prior to the fifth (5th) day after a Payment Date, (b) on the Maturity Date or (c) on the happening of any other default, after the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instruments (defined below) or any of the Other Security Documents (as defined in the Security Instruments) (collectively, an "Event of Default"), at the option of Lender (i) the whole of the principal sum of this Note, (bii) Interest, default interest, Default Interest (as defined below), late charges and other sums, as provided in this Note, the Security Instrument Instruments or the other Loan Documents (defined below)Other Security Documents, (ciii) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument Instruments or the other Loan Other Security Documents, (div) all sums advanced pursuant to the provisions of the Security Instrument Instruments to protect and preserve the Property Individual Properties (defined below) and the lien and the security interest created thereby, and (ev) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Security Instrument or the other Loan Documents in connection with the Debt (defined below) or any part thereof, any renewal, extension extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or of Lender (all the sums referred to in (ai) through (ev) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if (i) any Monthly Payment is not paid within five (5) days of the date when due, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt is not paid on or before the Maturity Date or (iv) Borrower commits any other default, and fails to cure same prior to the expiration of any applicable notice and grace periods, herein or under the terms of the Security Instrument or any of the other Loan Documents (collectively, an “Event of Default”)payable.

Appears in 1 contract

Sources: Promissory Note (Carey Institutional Properties Inc /Md/)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest at the Default Interest (as defined below)Rate, late charges and other sums, as provided in this Note, the Security Instrument Instruments (defined below) or the other Loan Other Security Documents (defined below), , (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument Instruments or the other Loan Other Security Documents, (d) all sums advanced pursuant to the provisions any of the Security Instrument Instruments to protect and preserve any of the Property Properties (defined below) and the lien and the security interest created thereby, and (e) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Security Instrument or the other Loan Documents in connection with the Debt (defined below) or any part thereof, any renewal, extension extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if (i) any Monthly Payment payment required in this Note is not paid within five (5) days of the date when due, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt is not paid due or on or before the Maturity Date or (iv) Borrower commits on the happening of any other default, and fails to cure same prior to after the expiration of any applicable notice and grace periods, if any, herein or under the terms of the Security Instrument Instruments or any of the other Loan Other Security Documents (collectively, an "Event of Default").

Appears in 1 contract

Sources: Promissory Note (Developers Diversified Realty Corp)

DEFAULT AND ACCELERATION. (a) The whole of the principal sum of this Note, (b) interest, default interest at the Default Interest (as defined below)Rate, late charges and other sums, as provided in this Note, the Security Instrument Instruments (defined below) or the other Loan Other Security Documents (defined below), (c) all other monies agreed or provided to be paid by Borrower in this Note, the Security Instrument Instruments or the other Loan Other Security Documents, (d) all sums advanced pursuant to the provisions any of the Security Instrument Instruments to protect and preserve any of the Property Properties (defined below) and the lien and the security interest created thereby, and (e) all reasonable sums advanced and costs and expenses incurred by Lender pursuant to the provisions of this Note, the Security Instrument or the other Loan Documents Under in connection with the Debt (defined below) or any part thereof, any renewal, extension extension, or change of or substitution for the Debt or any part thereof, or the acquisition or perfection of the security therefor, whether made or incurred at the request of Borrower or Lender (all the sums referred to in (a) through (e) above shall collectively be referred to as the "Debt") shall without notice become immediately due and payable at the option of Lender if (i) any Monthly Payment payment required in this Note is not paid within five (5) days of the date when due, (ii) any other portion of the Debt is not paid within five (5) days of the date when due, (iii) the entire Debt is not paid due or on or before the Maturity Date or (iv) Borrower commits on the happening of any other default, and fails to cure same prior to after the expiration of any applicable notice and grace periods, if any, herein or under the terms of the Security Instrument Instruments or any of the other Loan Other Security Documents (collectively, an "Event of Default”Default ").

Appears in 1 contract

Sources: Promissory Note (Developers Diversified Realty Corp)