Common use of Performance by Borrower Clause in Contracts

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 8 contracts

Sources: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or of changes thereto.

Appears in 8 contracts

Sources: Loan Agreement (Gaia, Inc), Loan Agreement (Inland Real Estate Income Trust, Inc.), Loan Agreement (American Realty Capital Trust III, Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the each Individual Property and any amendments, modifications or changes thereto (except to the extent waived by the counterparty thereto, provided that such action or failure to act by Borrower does not otherwise require Lender’s consent under the Loan Documents).

Appears in 7 contracts

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

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed of each Loan Document executed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement delivered by, or instrument affecting or pertaining to the Property and any amendmentsapplicable to, modifications or changes theretoBorrower.

Appears in 4 contracts

Sources: Loan Agreement, Loan Agreement (Glimcher Realty Trust), Loan Agreement (GMH Communities Trust)

Performance by Borrower. Borrower shall (a) in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Mortgage, the Note and the other Loan Documents and (b) in a timely manner observe, perform and fulfill, in all material respects, its material obligations under any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or of changes thereto.

Appears in 4 contracts

Sources: Loan Agreement (Industrial Income Trust Inc.), Loan Agreement (Industrial Income Trust Inc.), Loan Agreement (Dividend Capital Total Realty Trust Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement of each Loan Document and the other Loan Documents Environmental Indemnity executed and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretodelivered by Borrower.

Appears in 4 contracts

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

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property Collateral and any amendments, modifications or changes thereto.

Appears in 4 contracts

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

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and cause Operating Lessee to observe, perform and fulfill in a timely manner each and every covenant, term and provision to be observed and performed by Operating Lessee under any other material agreement or instrument affecting or pertaining to the each Individual Property and any amendments, modifications or changes thereto.

Appears in 4 contracts

Sources: Loan Agreement (Capital Lodging), Mezzanine Loan Agreement (Capital Lodging), Loan Agreement (Corporate Property Associates 15 Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoDocuments.

Appears in 4 contracts

Sources: Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Independence Realty Trust, Inc), Loan Agreement (Independence Realty Trust, Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document required to be performed, observed and performed or fulfilled by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoBorrower.

Appears in 3 contracts

Sources: Loan Agreement (Alexanders Inc), Loan Agreement (Urban Edge Properties), Loan Agreement (Alexanders Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 2 contracts

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

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill in all material respects each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 2 contracts

Sources: Loan Agreement (Bon Ton Stores Inc), Loan Agreement (Bon Ton Stores Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the any Individual Property and any amendments, modifications or changes thereto so as not to cause a Material Adverse Effect (except to the extent waived by the counterparty thereto, provided that such action or failure to act by Borrower does not otherwise require Lender’s consent under the Loan Documents).

Appears in 2 contracts

Sources: Loan Agreement (Griffin Capital Essential Asset REIT II, Inc.), Loan Agreement (Griffin Capital Essential Asset REIT, Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto (except to the extent waived by the counterparty thereto, provided that such action or failure to act by Borrower does not otherwise require Lender's consent under the Loan Documents).

Appears in 2 contracts

Sources: Loan Agreement (MVP REIT, Inc.), Loan Agreement (MVP REIT II, Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill in all material respects each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or of changes thereto.

Appears in 2 contracts

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

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill in all material respects each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto (except to the extent waived by the counterparty thereto, provided that such action or failure to act by Borrower does not otherwise require Lender’s consent under the Loan Documents).

Appears in 2 contracts

Sources: Loan Agreement (Sun Communities Inc), Loan Agreement (Sun Communities Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill fulfill, in all material respects, each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or of changes thereto.

Appears in 2 contracts

Sources: Loan Agreement (Cole Credit Property Trust Iv, Inc.), Loan Agreement (Cole Corporate Income Trust, Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and, subject to the notice and cure periods contained therein, any other material agreement or instrument affecting or Material Agreement pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 2 contracts

Sources: Loan Agreement, Loan Agreement (Consolidated Tomoka Land Co)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill in all material respects each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 1 contract

Sources: Loan Agreement (Glimcher Realty Trust)

Performance by Borrower. Borrower shall in a timely commercially reasonable manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by, or applicable to, Borrower, subject to be observed applicable notice and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretograce periods.

Appears in 1 contract

Sources: Loan Agreement (Pebblebrook Hotel Trust)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision of each Loan Document executed and delivered by Borrower, subject to be observed all applicable notice, grace and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretocure periods therein.

Appears in 1 contract

Sources: First Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

Performance by Borrower. Subject to the rights of the respective parties to the applicable Lease, Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 1 contract

Sources: Loan Agreement (Consolidated Tomoka Land Co)

Performance by Borrower. Borrower shall shall, in a timely manner manner, observe, perform and fulfill in all material respects each and every covenant, term and provision to be observed of each Loan Document executed and performed delivered by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoBorrower.

Appears in 1 contract

Sources: Loan Agreement (Morgans Hotel Group Co.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instrument, the Note and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto.

Appears in 1 contract

Sources: Loan Agreement (Condor Hospitality Trust, Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property Individual Properties and any amendments, modifications or changes thereto.

Appears in 1 contract

Sources: Term Loan Agreement (Developers Diversified Realty Corp)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed of each Loan Document executed and performed delivered by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoBorrower.

Appears in 1 contract

Sources: Loan Agreement (Strategic Hotels & Resorts, Inc)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instruments, the Note and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the any Individual Property and any amendments, modifications or of changes thereto.

Appears in 1 contract

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

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement Agreement, the Security Instruments, the Note and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes theretoDocuments.

Appears in 1 contract

Sources: Loan Agreement (Strategic Storage Trust, Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the each Individual Property and any amendments, modifications or changes thereto.

Appears in 1 contract

Sources: Loan Agreement (Extra Space Storage Inc.)

Performance by Borrower. Borrower shall in a timely manner observe, perform and fulfill each and every covenant, term and provision to be observed and performed by Borrower under this Agreement and the other Loan Documents and any other material agreement or instrument affecting or pertaining to the Property and any amendments, modifications or changes thereto (except to the extent waived by the counterparty thereto, provided that such action or failure to act by Borrower does not otherwise require Lender’s consent under the Loan Documents).

Appears in 1 contract

Sources: Loan Agreement (Independence Realty Trust, Inc)