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Covenant Default
Covenant Default contract clause examples

Covenant Default Cure. To the extent a Default or Event of Default shall have occurred and be continuing as a result of the inclusion of any particular Real Estate Assets as a Collateral Pool Property or Collateral Pool Properties, the Borrower shall have the right (at Borrower’s option) to release such Collateral Pool Property or Collateral Pool Properties or otherwise exclude it from the relevant calculations and repay the outstanding Loans within thirty (30) days of the occurrence of such Default or Event of Default in the amount necessary to prepay any Borrowings associated with the Real Estate Asset to be released, provided that, in the Administrative Agent’s discretion, if the Borrower has provided evidence reasonably satisfactory to the Administrative Agent that it is either diligently in process of remedying the condition giving rise to the Default or Event of Default, or otherwise raising capital to repay the Loans in the amount necessary to be in compliance with Collateral Pool Availability giving effect to the removal of such Collateral Pool Property, the Administrative Agent may permit the Borrower an additional thirty (30) day period to comply; and provided, further, that in connection therewith the Borrower shall deliver a pro forma Compliance Certificate (giving Pro Forma Effect the relevant Collateral Pool Property) to the Administrative Agent and the Lenders and comply with the other terms and provisions set forth in [Section 4.4]. Unless otherwise required by the Administrative Agent, the Borrower may elect to retain the Collateral Pool Property as collateral for the Loans and not formally seek the release of such Collateral Pool Property under [Section 4.4] so long as all Financial Covenants and Collateral Pool Availability calculations are made excluding such Collateral Pool Property.

Cure by Removal of Collateral Pool Properties. In the event any of the foregoing representations and warranties shall hereafter become untrue as to any Collateral Pool Property, such event shall not constitute a default by the Borrower, and the Borrower's compliance with such representation and warranty shall be deemed to be temporarily waived, so long as the Borrower shall remove such Collateral Pool Property from the Collateral Pool Properties and from the calculation of Collateral Pool Availability and shall cause the Collateral Pool Availability to be in compliance with the requirements of [Section 7.12(e)] after giving effect to such removal, while remaining in compliance with the requirements of [Section 7.12(f)-(l)])] (treating such Real Estate Asset as a non-Collateral Pool Property), in each case by a date not later than thirty (30) days after the first occurrence of such non-compliance; provided that, in the Administrative Agent’s discretion, if the Borrower has provided evidence reasonably satisfactory to the Administrative Agent that it is either diligently in process of remedying the condition giving rise to the failure to meet the representation and warranty or otherwise raising capital to repay the Loans in the amount necessary to be in compliance with Collateral Pool Availability, the Administrative Agent may permit the Borrower an additional thirty (30) day period to comply.

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