Common use of Performance; No Default Clause in Contracts

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial Advance, and on the date of such Initial Advance there shall exist no Default or Event of Default.

Appears in 9 contracts

Sources: Project Loan Agreement, Project Loan Agreement (Acadia Realty Trust), Building Loan Agreement (Acadia Realty Trust)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date Drawdown Date of such Initial the initial Advance, and on the date Drawdown Date of such Initial Advance the initial Advance, there shall exist no Default or Event of Default.

Appears in 8 contracts

Sources: Construction Loan and Security Agreement (Griffin Land & Nurseries Inc), Construction Loan and Security Agreement (Griffin Land & Nurseries Inc), Construction Loan and Security Agreement (Griffin Land & Nurseries Inc)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial Advance, and on the date of such Initial Advance there shall exist no Default or Event of DefaultDefault or Shortfall.

Appears in 8 contracts

Sources: Project Loan Agreement (Acadia Realty Trust), Building Loan Agreement (Acadia Realty Trust), Project Loan Agreement (Acadia Realty Trust)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date Drawdown Date of such Initial Advance, and on the date Drawdown Date of such Initial Advance there shall exist no Default or Event of Default.

Appears in 8 contracts

Sources: Construction Loan and Security Agreement (Griffin Land & Nurseries Inc), Construction Loan and Security Agreement (Griffin Land & Nurseries Inc), Construction Loan and Security Agreement (Griffin Land & Nurseries Inc)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date Drawdown Date of such Initial the initial Advance, and on the date Drawdown Date of such Initial Advance the initial Advance, there shall exist no Default or Event of Default.

Appears in 3 contracts

Sources: Construction Loan Agreement (CNL Growth Properties, Inc.), Revolving Credit Construction Loan Agreement (Wci Communities Inc), Revolving Credit Construction Loan Agreement (Wci Communities Inc)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial the requested Advance, and on the date of the such Initial Advance Advance, there shall exist no material Default or and no Event of Default.

Appears in 3 contracts

Sources: Project Loan Agreement, Project Loan Agreement (Alexanders Inc), Supplemental Loan Agreement (Alexanders Inc)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial Advance, and on the date of such Initial Advance there shall exist no Default or Event of Default.

Appears in 2 contracts

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

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date Drawdown Date of such Initial Advance, and on the date Drawdown Date of such Initial Advance there shall exist no Default or Event of Default.

Appears in 2 contracts

Sources: Revolving Credit Construction Loan Agreement (Wci Communities Inc), Revolving Credit Construction Loan Agreement (Wci Communities Inc)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein of the Loan Documents required to be performed or complied with by it at or prior to or at the date time of such Initial Advancethe Advance Date, and on at the date time of such Initial the Advance Date, there shall exist no Default or Event of Default, nor shall any Default or Event of Default exist or occur after giving effect to the funding of the first Advance of the Loan.

Appears in 2 contracts

Sources: Loan Agreement (K-Sea Transportation Partners Lp), Loan Agreement (K-Sea Transportation Partners Lp)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial AdvanceAdvance and, and on the date of such Initial Advance Advance, there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Credit Agreement (Prime Group Realty Trust)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it in all material respects at or prior to the date of such Initial Advance, and on the date of such Initial Advance there shall exist no material Default or and no Event of Default.

Appears in 1 contract

Sources: Building Loan Agreement (Alexanders Inc)

Performance; No Default. Borrower shall have materially performed and complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date Drawdown Date of such Initial Advance, and on the date Drawdown Date of such Initial Advance there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Construction Loan Agreement (CNL Growth Properties, Inc.)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial the initial Advance, and on the date of such Initial Advance the initial Advance, there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Building Loan Agreement (Essex Hospitality Associates Iv Lp)

Performance; No Default. The Borrower shall have performed and ----------------------- complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date of such Initial the initial Advance, and on the date of such Initial Advance the initial Advance, there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Loan Agreement (Jameson Inns Inc)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such the Initial Additional Advance, and on the date of such the Initial Advance Additional Advance, there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Building Loan Agreement (ACRES Commercial Realty Corp.)

Performance; No Default. Borrower shall have performed and complied in all material respects with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial Advance, and on the date of such Initial Advance there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Construction Loan Agreement (Allegiant Travel CO)

Performance; No Default. The Borrower shall have performed and ----------------------- complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date of such Initial Advance, and on the date of such Initial Advance there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Loan Agreement (Jameson Inns Inc)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial Additional Advance, and on the date of such Initial Additional Advance there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Building Loan Agreement (ACRES Commercial Realty Corp.)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial Advanceadvance, and on the date of such Initial Advance there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Building Loan Agreement (Alterra Healthcare Corp)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date of such Initial Advance, and on the date of such Initial Advance there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Loan Agreement (Ebs Building LLC)

Performance; No Default. The Borrower shall have performed and ----------------------- complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial the Advance, and on the date of such Initial Advance the Advance, there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Revolving Credit and Term Loan Agreement (Petro Stopping Centers L P)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such the Initial Advance, and on the date of such Initial Advance the initial Advance, there shall exist no ,material Default or and no Event of Default.

Appears in 1 contract

Sources: Building Loan Agreement (Alexanders Inc)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such the Initial Advance, and on the date of such the Initial Advance Advance, there shall exist no Default or Event of Default.

Appears in 1 contract

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

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial the initial Advance, and on the date of such Initial Advance the initial Advance, there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Building Loan Agreement (Alterra Healthcare Corp)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such the Initial Advance, Advance and on the date of such the Initial Advance there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Credit Agreement (Prime Group Realty Trust)

Performance; No Default. The Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at on or prior to the date of such Initial the initial Advance, and on the date of such Initial Advance the initial Advance, there shall exist no Default or Event of Default.or

Appears in 1 contract

Sources: Loan Agreement (Ebs Building LLC)

Performance; No Default. Borrower shall have performed and complied with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial Advanceadvance, and on the date of such Initial Advance there shall exist no Default or Event of Default.

Appears in 1 contract

Sources: Building Loan Agreement (Essex Hospitality Associates Iv Lp)

Performance; No Default. Borrower shall have performed and complied in all material respects with all terms and conditions herein required to be performed or complied with by it at or prior to the date of such Initial Advance, and on the date of such Initial Advance there shall exist no Event of Default or Event of DefaultShortfall.

Appears in 1 contract

Sources: Construction Loan Agreement (Allegiant Travel CO)