Common use of Performance of Lender Clause in Contracts

Performance of Lender. At its option, upon Borrower's failure to do so, Lender may make any payment or do any act on Borrower's behalf that Borrower or others are required to do to remain in compliance with this Agreement or any of the other Loan Documents, and Borrower agrees to reimburse Lender, on demand, for any payment made or expense incurred by Lender pursuant to the foregoing authorization, including, without limitation, attorneys' fees, and until so repaid any sums advanced by Lender shall constitute a portion of the Loan Obligations, shall be secured by the Mortgage and shall bear interest at the Default Rate (as defined in the Note) from the date advanced until repaid.

Appears in 7 contracts

Sources: Loan Agreement (CNL Retirement Properties Inc), Loan Agreement (American Retirement Corp), Loan Agreement (American Retirement Corp)

Performance of Lender. At its option, upon Borrower's Borrowers’ failure to do so, Lender may make any payment or do any act on Borrower's Borrowers’ behalf that Borrower or others are required to do to remain in compliance with this Agreement or any of the other Loan Documents, and Borrower agrees to reimburse Lender, on demand, for any payment made or expense incurred by Lender pursuant to the foregoing authorization, including, without limitation, actual, reasonable attorneys' fees, and until so repaid any sums advanced by Lender shall constitute a portion of the Loan Obligations, shall be secured by the Mortgage and shall bear interest at the Default Rate (as defined in the Note) from the date advanced until repaid.

Appears in 4 contracts

Sources: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Emeritus Corp\wa\)

Performance of Lender. At its option, upon Borrower's ▇▇▇▇▇▇▇▇’s failure to do so, Lender may make any payment or do any act on Borrower's ’s behalf that Borrower or others are required to do to remain in compliance with this Agreement or any of the other Loan Documents, and Borrower ▇▇▇▇▇▇▇▇ agrees to reimburse Lender, on demand, for any payment made or expense incurred by Lender pursuant to the foregoing authorization, including, without limitation, reasonable attorneys' fees, and until so repaid any sums advanced by Lender shall constitute a portion of the Loan Obligations, shall be secured by the Mortgage Loan Documents and shall bear interest at the Default Rate (as defined in the Note) from the date advanced until repaid.

Appears in 3 contracts

Sources: Loan and Security Agreement (Infinite Group Inc), Loan and Security Agreement (Infinite Group Inc), Credit Agreement (Interactive Strength, Inc.)

Performance of Lender. At its option, upon Borrower's ’s failure to do so, Lender may make any payment or do any act on Borrower's ’s behalf that Borrower or others are required to do to remain in compliance with this Agreement or any of the other Loan Documents, and Borrower agrees to reimburse Lender, on demand, for any payment made or reasonable expense incurred by Lender pursuant to the foregoing authorization, including, without limitation, reasonable attorneys' fees, and until so repaid any sums advanced by Lender shall constitute a portion of the Loan Obligations, shall be secured by the Mortgage and shall bear interest at the Default Rate (as defined in the Note) from the date advanced until repaid.

Appears in 2 contracts

Sources: Loan Agreement (Capital Senior Living Corp), Loan Agreement (Capital Senior Living Corp)

Performance of Lender. At its option, upon Borrower's ’s failure to do so, Lender may make any payment or do any act on Borrower's ’s behalf that Borrower or others are required to do to remain in compliance with this Agreement or any of the other Loan Documents, and Borrower agrees to reimburse Lender, on demand, for any payment made or expense incurred by Lender pursuant to the foregoing authorization, including, without limitation, attorneys' fees, and until so repaid any sums advanced by Lender shall constitute a portion of the Loan Obligations, shall be secured by the Mortgage and shall bear interest at the Default Rate (as defined in the Note) from the date advanced until repaid.

Appears in 2 contracts

Sources: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Arv Assisted Living Inc)

Performance of Lender. At its option, upon Borrower's ’s failure to do so, Lender may make any payment or do any act on Borrower's ’s behalf that Borrower or others are required to do to remain in compliance with this Agreement or any of the other Loan Documents, and Borrower agrees to reimburse Lender, on demand, for any payment made or expense incurred by Lender pursuant to the foregoing authorization, including, without limitation, reasonable attorneys' fees, and until so repaid any sums advanced by Lender shall constitute a portion of the Loan Obligations, shall be secured by the Mortgage and shall bear interest at the Default Rate (as defined in the Note) from the date advanced until repaid.

Appears in 2 contracts

Sources: Loan Agreement (Emeritus Corp\wa\), Loan Agreement (Sunrise Senior Living Inc)

Performance of Lender. At its option, upon Borrower's Borrowers’ failure to do so, Lender may make any payment or do any act on Borrower's Borrowers’ behalf that Borrower or others are required to do to remain in compliance with this Agreement or any of the other Loan Documents, and Borrower agrees to reimburse Lender, on demand, for any payment made or expense incurred by Lender pursuant to the foregoing authorization, including, without limitation, actual, reasonable attorneys' fees, and until so repaid any sums advanced by Lender shall constitute a portion of the Loan Obligations, shall be secured by the Mortgage and shall bear interest at the Default Rate (as defined in the NoteNotes) from the date advanced until repaid.

Appears in 1 contract

Sources: Loan Agreement (Emeritus Corp\wa\)

Performance of Lender. At its option, upon Borrower's failure to do so, Lender may make any payment or do any act on Borrower's behalf that Borrower or others are required to do to remain in compliance with this Agreement or any of the other Loan Documents, and Borrower agrees to reimburse Lender, on demand, for any payment made or expense incurred by Lender pursuant to the foregoing authorization, including, without limitation, reasonable attorneys' fees, and until so repaid any sums advanced by Lender shall constitute a portion of the Loan Obligations, shall be secured by the Mortgage and shall bear interest at the Default Rate (as defined in the Note) from the date advanced until repaid.

Appears in 1 contract

Sources: Loan Agreement (Capital Senior Living Corp)

Performance of Lender. At its option, upon Borrower's Borrowers’ failure to do so, Lender may make any payment or do any act on Borrower's Borrowers’ behalf that Borrower Borrowers or others are required to do to remain in compliance with this Agreement or any of the other Loan Documents, and Borrower agrees Borrowers agree to reimburse Lender, on demand, for any payment made or expense incurred by Lender pursuant to the foregoing authorization, including, without limitation, attorneys' fees, and until so repaid any sums advanced by Lender shall constitute a portion of the Loan Obligations, shall be secured by the Mortgage and shall bear interest at the Default Rate (as defined in the Note) from the date advanced until repaid.

Appears in 1 contract

Sources: Loan Agreement (Advocat Inc)