Common use of Accounts, Expenditures Clause in Contracts

Accounts, Expenditures. A. Tenant irrevocably authorizes and directs Manager to pay, and Manager agrees to pay (or repay, as applicable), without notice, demand or request therefor, but in each instance subject to the provisions of the Pooling Agreement, if applicable, and the Marriott Guaranty Agreement, if applicable, with respect to each of the Hotels: (1) Tenant’s Priority to Tenant when due and payable hereunder, (2) the Ground Lease Rent (if any) to Tenant, (3) the Base Management Fee to itself, (4) distributions to Tenant, Marriott and/or Manager with respect to the Tenant Advances, Additional Marriott Advances and Additional Manager Advances, (5) any accrued, but unpaid Base Management Fees to itself, (6) the First Incentive Management Fee to itself, (7) the Security Deposit Replenishment to Tenant, (8) the Second Incentive Management Fee to itself, and (9) the remaining balance, if any, to Tenant, in each of the foregoing instances set forth in this Section 4.03.A(1) through (9), at the time interim distributions are made pursuant to Section 4.01 hereof (except as otherwise set forth herein), and to the extent of the sufficiency of, and in the order of, distribution of Operating Profit under Section 3.02.B. Subject to Section 4.03.D, Manager is authorized to, and shall, make all expenditures required to be made hereunder with respect to the operation of the Hotels, but only from funds available for such payments under the terms of this Agreement or under the terms of the Pooling Agreement, if applicable, or under the Marriott Guaranty Agreement, if applicable.

Appears in 5 contracts

Samples: Management Agreement (Service Properties Trust), Management Agreement (Service Properties Trust), Management Agreement (Service Properties Trust)

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Accounts, Expenditures. A. Tenant irrevocably authorizes and directs Manager to pay, pay and Manager agrees to pay (or repay, as applicable), without notice, demand or request therefor, but in each instance subject to the provisions of the Pooling Agreement, if applicable, and the Marriott Guaranty Agreement, if applicable, with respect to each of the Hotels: (1) Tenant’s 's First Priority (which shall be due on the first Business Day of each Accounting Period), Tenant's Second Priority and Tenant's Third Priority, to Tenant when due and payable hereunder, to the extent of the sufficiency of Operating Profit therefor, and (2) (i) replenishment of any Holdback Agreement Advances to Tenant subject to the Ground Lease Rent (if any) to Tenantprovisions of this Agreement, (3) the Base Management Fee to itself, (4ii) distributions to Tenant, Tenant and Marriott and/or Manager with respect to the Tenant Advances, Advances and Additional Marriott Advances and Additional Manager Advances, (5iii) any accrued, but unpaid Base Management Fees to itself, (6) the First Incentive Priority Management Fee to itself, itself (7iv) the Security Deposit Replenishment to Tenant, (8) the Second Incentive Base Management Fee to itself, and (9v) the remaining balance, if any, to Tenantany other distributions provided for in Section 3.02.B, in each of the foregoing instances set forth in this Section 4.03.A(14.03.A (2) (i) through (9v), at the time interim distributions are made pursuant to Section 4.01 hereof (except as otherwise set forth hereinin Section 4.03.B.1 below), and to the extent of the sufficiency of, and in the order of, distribution of Operating Profit under Section 3.02.B. Subject to Section 4.03.D, Manager is authorized to, and shall, make all expenditures required to be made hereunder with respect to the operation of the Hotels, but only from funds available for such payments under the terms of this Agreement or under the terms of the Pooling Agreement, if applicable, or under the Marriott Guaranty Agreement, if applicable.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

Accounts, Expenditures. A. Tenant irrevocably authorizes and directs Manager to pay, pay and Manager agrees to pay (or repay, as applicable), without notice, demand or request therefor, but in each instance subject to the provisions of the Pooling Agreement, if applicable, and the Marriott Guaranty Agreement, if applicable, with respect to each of the Hotels: (1) Tenant’s Priority (which shall be due on the first Business Day of each Accounting Period) to Tenant when due and payable hereunder, to the extent of the sufficiency of Operating Profit therefor, and (2) the Ground Lease Rent (if any) to Tenant, (3) the Base Management Fee to itself, (4) distributions to Tenant, Marriott and/or Manager with respect to the Tenant Advances, Additional Marriott Advances and Additional Manager Advances, (5) any accrued, but unpaid Base Management Fees to itself, (63) the First Incentive Management Fee to itself, (74) the Security Deposit Replenishment to TenantLandlord, (8) 5) the Second Incentive Management Fee to itself, and (96) the remaining balance, if any, following such payments to Tenant, in each of the foregoing instances set forth in this Section 4.03.A(1) through (96), at the time interim distributions are made pursuant to Section 4.01 hereof (except as otherwise set forth hereinin Section 4.03.B(1) below), and to the extent of the sufficiency of, and in the order of, distribution of Operating Profit under Section 3.02.B. Subject to Section 4.03.D, Manager is authorized to, and shall, make all expenditures required to be made hereunder with respect to the operation of the Hotels, but only from funds available for such payments under the terms of this Agreement or under the terms of the Pooling Agreement, if applicable, or under the Marriott Guaranty Agreement, if applicable.

Appears in 1 contract

Samples: Management Agreement (Hospitality Properties Trust)

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Accounts, Expenditures. A. Tenant irrevocably authorizes and directs Manager to pay, and Manager agrees to pay (or repay, as applicable), without notice, demand or request therefor, but in each instance subject to the provisions of the Pooling Agreement, if applicable, and the Marriott Guaranty Agreement, if applicable, with respect to each of the HotelsHotel: (1) Tenant’s Priority to Tenant when due and payable hereunder, (2) the Ground Lease Rent (if any) to Tenant, (3) the Base Management Fee to itself, (4) distributions to Tenant, Marriott and/or Manager with respect to the Tenant Advances, Additional Marriott Advances and Additional Manager Advances, (5) any accrued, but unpaid Base Management Fees to itself, (6) the First Incentive Management Fee to itself, (7) the Security Deposit Replenishment to Tenant, (8) the Second Incentive Management Fee to itself, and (9) the remaining balance, if any, to Tenant, in each of the foregoing instances set forth in this Section 4.03.A(1) through (9), at the time interim distributions are made pursuant to Section 4.01 hereof (except as otherwise set forth herein), and to the extent of the sufficiency of, and in the order of, distribution of Operating Profit under Section 3.02.B. Subject to Section 4.03.D, Manager is authorized to, and shall, make all expenditures required to be made hereunder with respect to the operation of the HotelsHotel, but only from funds available for such payments under the terms of this Agreement or under the terms of the Pooling Agreement, if applicable, or under the Marriott Guaranty Agreement, if applicable.

Appears in 1 contract

Samples: Management Agreement (Service Properties Trust)

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