Common use of Failure to Make Payments Clause in Contracts

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (vi) of Section 6.9.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 4 contracts

Sources: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (viv) of Section 6.9.1 6.7.1(a) in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, that if adequate funds are available in the Deposit Account for such payments, and Borrower is Borrowers are not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 4 contracts

Sources: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (viiii) of Section 6.9.1 6.7.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 2 contracts

Sources: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.), Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.)

Failure to Make Payments. The failure of Borrower Borrowers to make all of the payments required under clauses (i) through (vivii) of Section 6.9.1 6.13.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower is Borrowers are not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 2 contracts

Sources: Loan Agreement (Generation Income Properties, Inc.), Loan Agreement (Generation Income Properties, Inc.)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (viiii) of Section 6.9.1 6.4.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account Accounts for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank Lender to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 2 contracts

Sources: Second Mezzanine Loan Agreement (Clipper Realty Inc.), Mezzanine Loan Agreement (Clipper Realty Inc.)

Failure to Make Payments. The failure of Borrower to make all of the payments (whether to Lender to any other applicable payee) required under clauses (i) through (viviii) of Section 6.9.1 6.16.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account (as opposed to subaccounts thereof) for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 2 contracts

Sources: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (viiii) of Section 6.9.1 6.4.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Subordinate Deposit Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Mezzanine Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (vi) of Section 6.9.1 6.11.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Cash Management Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Cash Management Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement (Pacific Oak Strategic Opportunity REIT II, Inc.)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (viv) of Section 6.9.1 6.12.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement (Ashford Hospitality Prime, Inc.)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (vi) of Section 6.9.1 6.11.l(a) in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Cash Management Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Cash Management Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

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

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (viiii) of Section 6.9.1 6.4.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Subordinate Deposit Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.Default.β€Œ

Appears in 1 contract

Sources: Mezzanine Loan Agreement

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (vi) of Section 6.9.1 6.11.1(a) in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Cash Management Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Cash Management Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement (United Realty Trust Inc)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (vixi) of Section 6.9.1 6.13.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (viv) of Section 6.9.1 6.13.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement

Failure to Make Payments. The failure of Borrower Borrowers to make all of the payments required under clauses (i) through (vi) of Section 6.9.1 6.7.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are EAST\87098743.3 available in the Deposit Cash Management Account for such payments, and Borrower is an Event of Default does not otherwise in Default then exist hereunder, the failure by the Deposit Cash Management Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement (Cole Credit Property Trust V, Inc.)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (vi) of Section 6.9.1 6.12.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement (City Office REIT, Inc.)

Failure to Make Payments. The failure of Borrower Borrowers or Operating Lessees to make all of the payments required under clauses (i) through (viviii) of Section 6.9.1 6.12.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Failure to Make Payments. The failure of any Borrower to make all of the payments required under clauses (i) through (viv) of Section 6.9.1 SECTION 6.10.1 (a) in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower no Event of Default has occurred and is not otherwise in Default continuing hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement (Horizon Group Properties Inc)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (vi) of Section 6.9.1 6.11.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower is not otherwise in no Event of Default hereundershall then exist, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts or make payments required to be made by Lender hereunder shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement (New York REIT, Inc.)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (vivii) of Section 6.9.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement (Glimcher Realty Trust)

Failure to Make Payments. The failure of Borrower to make all of the payments required under clauses (i) through (viviii) of Section 6.9.1 6.12.1 in full on each Monthly Payment Date shall constitute an Event of Default under this Agreement; provided, however, if adequate funds are available in the Deposit Account for such payments, and Borrower is not otherwise in Default hereunder, the failure by the Deposit Bank to allocate such funds into the appropriate Accounts shall not constitute an Event of Default.

Appears in 1 contract

Sources: Loan Agreement (Carter Validus Mission Critical REIT, Inc.)