Payments after Default. Upon the occurrence and during the continuance of an Event of Default, interest on the outstanding principal balance of the Loan and, to the extent permitted by Applicable Law, overdue interest and other amounts due in respect of the Loan, shall accrue at the Default Rate, calculated from the date such payment was due without regard to any grace or cure periods contained herein. Interest at the Default Rate shall be computed from the occurrence of the default until the actual receipt and collection of the Debt (or that portion thereof that is then due). To the extent permitted by Applicable Law, interest at the Default Rate shall be added to the Debt, shall itself accrue interest at the same rate as the Loan and shall be secured by the Security Instruments. This paragraph shall not be construed as an agreement or privilege to extend the date of the payment of the Debt, nor as a waiver of any other right or remedy accruing to Lender by reason of the occurrence of any Event of Default. Notwithstanding anything to the contrary contained herein, any amounts paid to or received by Lender in connection with the Loan during the continuation of an Event of Default shall be applied by Lender to the Debt in the following order of priority:
Appears in 1 contract
Sources: Loan Agreement (Spirit Finance Corp)
Payments after Default. Upon the occurrence and during the continuance of an Event of Default, interest on the outstanding principal balance of the Loan and, to the extent permitted by Applicable Lawapplicable law, overdue interest and other amounts due in respect of the Loan, Loan shall accrue at the Default Rate, calculated from the date such payment was due without regard to any grace or cure periods contained herein. Interest at the Default Rate shall be computed from the occurrence of the default Event of Default until the earlier of (x) the actual receipt and collection of the Debt (or that portion thereof that is then due)) and (y) the cure of such Event of Default. To the extent permitted by Applicable Lawapplicable law, interest at the Default Rate shall be added to the Debt, shall itself accrue interest at the same rate as the Loan and shall be secured by the Security InstrumentsPledge Agreement. This paragraph shall not be construed as an agreement or privilege to extend the date of the payment of the Debt, nor as a waiver of any other right or remedy accruing to Lender by reason of the occurrence of any Event of Default. Notwithstanding anything , nor as a waiver of the obligation of Borrower to pay the contrary contained herein, Debt as and when due hereunder; the acceptance of any amounts paid payment from Borrower shall not be deemed to cure or received by constitute a waiver of any Event of Default; and Lender in connection with retains its rights under this Agreement to accelerate and to continue to demand payment of the Loan Debt upon the happening of and during the continuation continuance of an any Event of Default shall be applied Default, despite any payment by Lender Borrower to the Debt in the following order of priority:Lender.
Appears in 1 contract
Sources: Mezzanine Loan Agreement (Ashford Hospitality Trust Inc)
Payments after Default. Upon the occurrence and during the continuance of an Event of Default, interest on the outstanding principal balance of the Loan and, to the extent permitted by Applicable Lawlaw, overdue interest and other amounts due in respect of the Loan, (a) shall accrue at the Default Rate, calculated and (b) Lender shall be entitled to receive and Borrower shall pay to Lender all cash flow from the date Individual Properties, such amount to be applied by Lender to the payment was due of the Debt in such order as Lender shall determine in its sole discretion, including, without regard to any grace or cure periods contained hereinlimitation, alternating applications thereof between interest and principal. Interest at the Default Rate shall be computed from the occurrence of the default Event of Default until the earlier of (i) the actual receipt and collection of the Debt (or that portion thereof that is then due)) and (ii) the cure of such Event of Default. To the extent permitted by Applicable Lawapplicable law, interest at the Default Rate shall be added to the Debt, shall itself accrue interest at the same rate as the Loan and shall be secured by the Security InstrumentsMortgage. This paragraph shall not be construed as an agreement or privilege to extend the date of the payment of the Debt, nor as a waiver of any other right or remedy accruing to Lender by reason of the occurrence of any Event of Default. Notwithstanding anything ; the acceptance of any payment from Borrower shall not be deemed to the contrary contained herein, cure or constitute a waiver of any amounts paid to or received by Lender in connection with the Loan during the continuation of an Event of Default shall be applied by Default; and Lender retains its rights under this Agreement to accelerate and to continue to demand payment of the Debt in upon the following order happening of priority:any Event of Default, despite any payment by Borrower to Lender.
Appears in 1 contract
Sources: Term Loan Agreement (Developers Diversified Realty Corp)
Payments after Default. Upon the occurrence and during the continuance of While an Event of DefaultDefault exists, (a) interest on the outstanding principal balance of the Loan and, to the extent permitted by Applicable Law, overdue interest and other amounts due in respect of the Loan, shall accrue at the Default Rate, calculated from the date such payment was due without regard to any grace or cure periods contained hereinherein and (b) any amounts received by Lender, including any Gross Income from Operations or Net Cash Flow, may, to the maximum extent permitted by law, be applied by Lender to the payment of the Debt in such order as Lender shall determine in its sole discretion, including, without limitation, alternating applications thereof between interest and principal. Interest at the Default Rate shall be computed from the occurrence of the default until the actual receipt and collection of the Debt (or that portion thereof that is then due). To the extent permitted by Applicable Law, interest at the Default Rate shall be added to the Debt, shall itself accrue interest at the same rate as the Loan and shall be secured by the Security InstrumentsInstrument. This paragraph shall not be construed as an agreement or privilege to extend the date of the payment of the Debt, nor as a waiver of any other right or remedy accruing to Lender by reason of the occurrence of any Event of Default. Notwithstanding anything ; the acceptance of any payment of the Debt shall not be deemed to the contrary contained herein, cure or constitute a waiver of any amounts paid to or received by Lender in connection with the Loan during the continuation of an Event of Default shall be applied by Default; and Lender retains its rights under the Note to accelerate and to continue to demand payment of the Debt in upon the following order happening of priority:any Event of Default, despite any such payment.
Appears in 1 contract
Payments after Default. Upon the occurrence and during the continuance of an Event of Default, (a) interest on the outstanding principal balance of the Loan and, to the extent permitted by Applicable Law, overdue interest and other amounts due in respect of the Loan, shall accrue at the Default Rate, calculated from the date such payment was due without regard to any grace or cure periods contained herein. Interest at the Default Rate herein and (b) Lender shall be computed from entitled to receive arid Borrower shall pay to Lender on each Payment Date an amount equal to the occurrence of Net Cash Flow After Debt Service for the default until prior month, such amount to be applied by Lender to the actual receipt and collection payment of the Debt (or that portion in such order as Lender shall determine in its sole discretion, including, without limitation, alternating applications thereof that is then due). To the extent permitted by Applicable Law, between interest at the Default Rate shall be added to the Debt, shall itself accrue interest at the same rate as the Loan and shall be secured by the Security Instrumentsprincipal. This paragraph shall not be construed as an agreement or privilege to extend the date of the payment of the Debt, nor as a waiver of any other right or remedy accruing to Lender by reason of the occurrence of any Event of Default. Notwithstanding anything ; the acceptance of any payment of Net Cash Flow After Debt Service shall not be deemed to the contrary contained herein, cure or constitute a waiver of any amounts paid to or received by Lender in connection with the Loan during the continuation of an Event of Default shall be applied by Default; and Lender retains its rights under the Note to accelerate and to continue to demand payment of the Debt in upon the following order happening of priority:any Event of Default, despite any payment of Net Cash Flow After Debt Service.
Appears in 1 contract