Common use of Balance in the Replacement Reserve Account Clause in Contracts

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 169 contracts

Samples: Loan Agreement (Lineage, Inc.), Loan Agreement (Lineage, Inc.), Loan Agreement (Global Net Lease, Inc.)

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Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower Borrowers from its their obligation to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 4 contracts

Samples: Loan Agreement (Bref Hr, LLC), Loan Agreement (Hard Rock Hotel Holdings, LLC), Loan Agreement (Morgans Hotel Group Co.)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all applicable preservation and maintenance covenants in the Loan Documents.

Appears in 4 contracts

Samples: Mezzanine Loan Agreement (Wyndham International Inc), Mezzanine Loan Agreement (Wyndham International Inc), Mezzanine Loan Agreement (Wyndham International Inc)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the any Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (ESH Hospitality LLC), Mezzanine Loan Agreement (ESH Hospitality LLC), Mezzanine Loan Agreement (ESH Hospitality LLC)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents. Any amount remaining in the Replacement Reserve Account after the Debt has been paid in full shall be returned to Borrower.

Appears in 3 contracts

Samples: Mezzanine Loan Agreement (Strategic Hotels & Resorts, Inc), Mezzanine Loan Agreement (Strategic Hotels & Resorts, Inc), Loan Agreement (Strategic Hotels & Resorts, Inc)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower Borrowers from its Borrowers’ obligation to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust Inc), Loan Agreement (Cole Credit Property Trust III, Inc.)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower Grantor from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Inland Western Retail Real Estate Trust Inc), Loan Agreement (Inland Western Retail Real Estate Trust Inc)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents. Any amount remaining in the Replacement Reserve Account after the Debt has been paid in full or the Loan has been defeased shall be returned to Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Park Hotels & Resorts Inc.), Loan Agreement (Park Hotels & Resorts Inc.)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents. Upon payment of the Debt in full, the balance, if any, in the Replacement Reserve Account will be disbursed to Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Interstate Hotels & Resorts Inc), Loan Agreement (Interstate Hotels & Resorts Inc)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its any obligation to fulfill all preservation repair and maintenance covenants maintain the Properties set forth in the Loan Documents. Any Replacement Reserve Funds remaining on deposit in the Replacement Reserve Account after the Debt and all amounts due and payable to Administrative Agent pursuant to the terms of the Loan Documents have been paid in full shall be paid to Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Excel Trust, L.P.), Loan Agreement (Excel Trust, L.P.)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation and maintenance covenants in the Loan DocumentsDocuments or to complete the Replacements as required hereunder. Any amount remaining in the Replacement Reserve Account after the Debt has been paid in full shall be returned to Borrower.

Appears in 2 contracts

Samples: Loan Agreement (VICI Properties L.P.), Loan Agreement (MGM Growth Properties Operating Partnership LP)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower Issuers from its their obligation to fulfill all preservation and maintenance covenants in the Loan Financing Documents.

Appears in 2 contracts

Samples: Note Indenture (Kerzner International LTD), Note Indenture (Kerzner International LTD)

Balance in the Replacement Reserve Account. The insufficiency of ------------------------------------------ any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower Mortgagor from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 1 contract

Samples: Open End Mortgage and Security Agreement (Griffin Capital Essential Asset REIT, Inc.)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower nor Baltimore Owner from its their obligation to fulfill all applicable preservation and maintenance covenants in the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower and/or Maryland Owner from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Urban Edge Properties)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to perform all Replacements reasonably required and to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 1 contract

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

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Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation and maintenance covenants in the Loan DocumentsDocuments and the Franchise Agreement. Notwithstanding anything to the contrary contained herein, unless agreed to in writing by Lender in advance, Replacement Reserve Funds attributable to the Duplicative Replacements shall only be disbursed for work or costs associated with such Duplicative Replacements and not for any other Replacements.

Appears in 1 contract

Samples: Loan Agreement (Moody National REIT II, Inc.)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill fulfill, in all material respects, all preservation and maintenance covenants in the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (City Office REIT, Inc.)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Sub-Account shall not relieve Borrower Borrowers from its their obligation to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Grove Property Trust)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower Tenant from its obligation to fulfill all preservation and maintenance covenants in the Loan Documentsthis Lease.

Appears in 1 contract

Samples: Lease Agreement (Axcelis Technologies Inc)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the any Replacement Reserve Account shall not relieve Borrower or Property Owner from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (ESH Hospitality LLC)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation preserve and maintenance covenants maintain the Property in accordance with the terms of the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Chatham Lodging Trust)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents.. 106

Appears in 1 contract

Samples: Loan Agreement (Felcor Lodging Trust Inc)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower Trustor from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents.

Appears in 1 contract

Samples: Deed of Trust (Netreit, Inc.)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents.. USActive 36631986.12 -130-

Appears in 1 contract

Samples: Building Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its any obligation to fulfill all preservation repair and maintenance covenants maintain the Property set forth in the Loan Documents. Any Replacement Reserve Funds remaining on deposit in the Replacement Reserve Account after the Debt has been paid in full shall be paid to Borrower.

Appears in 1 contract

Samples: Loan Agreement (Brixmor Property Group Inc.)

Balance in the Replacement Reserve Account. The insufficiency of any balance in the Replacement Reserve Account shall not relieve Borrower from its obligation to fulfill all preservation and maintenance covenants in the Loan Documents. Any Replacement Reserve Funds remaining after the Debt has been paid in full shall be paid to Borrower.

Appears in 1 contract

Samples: Junior Mezzanine Loan Agreement (Inland Western Retail Real Estate Trust Inc)

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