Common use of Additional Operating Expenses Clause in Contracts

Additional Operating Expenses. (a) During a Cash Management Period, in the event that any Borrower incurs or will incur any operating expense, including Emergency Expenditures, that is not in the Approved Annual Budget but is otherwise an Approved Operating Expense (each an "Additional Operating Expense"), then such Borrower shall promptly (but in no event shall such Borrower be required to do so more frequently than monthly) deliver to Lender a reasonably detailed explanation of such Additional Operating Expense(s) or, with respect to any such item that is subject to Lender's approval, such proposed Additional Operating Expense. Any Additional Operating Expense submitted to Lender (and, if required, approved by Lender) in accordance with this Agreement is referred to herein as an "Approved Additional Operating Expense". In no event shall management fees in excess of the Management Fee Cap be paid to Manager as part of the Approved Additional Operating Expense funds distributed to Borrowers pursuant to Section 3.15(a)(vii) unless expressly approved by Lender in advance in its sole discretion.

Appears in 1 contract

Samples: Loan Agreement (Parking REIT, Inc.)

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Additional Operating Expenses. (a) During a Cash Management Period, in the event that any Borrower incurs Borrowers incur or will incur any operating expense, including Emergency Expenditures, expense that is not in the Approved Annual Budget but is otherwise an Approved Operating Expense (each an "Additional Operating Expense"), then such Borrower Borrowers shall promptly (but in no event shall such Borrower Borrowers be required to do so more frequently than monthly) deliver to Lender a reasonably detailed explanation of such Additional Operating Expense(s) or, with respect to any such item that is subject to Lender's ’s approval, such proposed Additional Operating Expense. Any Additional Operating Expense submitted to Lender (and, if required, approved by Lender) in accordance with this Agreement Agreement, together with any Emergency Expenditures, is referred to herein as an "Approved Additional Operating Expense". In no event shall management fees in excess of the Management Fee Cap be paid to Manager as part of the Approved Additional Operating Expense funds distributed to Borrowers pursuant to Section 3.15(a)(vii3.2(a)(iv) hereof unless expressly approved in writing by Lender Xxxxxx in advance in its sole discretion.

Appears in 1 contract

Samples: Loan Agreement (GTJ Reit, Inc.)

Additional Operating Expenses. (a) During a Cash Management Period, in In the event that any Borrower Owner incurs or will incur any operating expense, including Emergency Expenditures, that is not in the Approved Annual Budget but is otherwise an Approved Operating Expense (each an "Additional Operating Expense"), then such Borrower shall promptly (but in no event shall such Borrower be required to do so more frequently than monthly) deliver (or cause Owner to deliver) to Lender a reasonably detailed explanation of such Additional Operating Expense(s) or, with respect to any such item that is subject to Lender's ’s approval, such proposed Additional Operating Expense. Any Additional Operating Expense submitted to Lender (and, if required, approved by Lender, which approval shall not be unreasonably withheld, conditioned or delayed) in accordance with this Agreement is referred to herein as an "Approved Additional Operating Expense". In no event shall management fees in excess of the Management Fee Cap be paid to Manager as part of the Approved Additional Operating Expense funds distributed to Borrowers pursuant to Section 3.15(a)(vii) unless expressly approved by Lender in advance in its sole discretion.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (OVERSTOCK.COM, Inc)

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Additional Operating Expenses. (a) During a Cash Management Period, in In the event that any Borrower incurs or will incur any operating expense, including Emergency Expenditures, that is not in the Approved Annual Budget but is otherwise an Approved Operating Expense (each an "Additional Operating Expense"), then such Borrower shall promptly (but in no event shall such Borrower be required to do so more frequently than monthly) deliver to Lender a reasonably detailed explanation of such Additional Operating Expense(s) or, with respect to any such item that is subject to Lender's ’s approval, such proposed Additional Operating Expense. Any Additional Operating Expense submitted to Lender (and, if required, approved by Lender, which approval shall not be unreasonably withheld, conditioned or delayed) in accordance with this Agreement is referred to herein as an "Approved Additional Operating Expense". In no event shall management fees in excess of the Management Fee Cap be paid to Manager as part of the Approved Additional Operating Expense funds distributed to Borrowers Borrower pursuant to Section 3.15(a)(vii3.12(a)(viii) unless expressly approved by Lender in advance in its sole discretion.

Appears in 1 contract

Samples: Loan Agreement (OVERSTOCK.COM, Inc)

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