Common use of Cash Collateral Funds Clause in Contracts

Cash Collateral Funds. If a Trigger Period shall be continuing, all Available Cash shall be paid to Lender, which amounts shall be transferred by Lender into an Account established to hold such amounts (the “Cash Collateral Account”) to be held by Lender as cash collateral for the Debt. Amounts on deposit from time to time in the Cash Collateral Account pursuant to this Section 6.8 are referred to as the “Cash Collateral Funds”. Any Cash Collateral Funds on deposit in the Cash Collateral Account not previously disbursed or applied shall be disbursed to Borrower within five (5) Business Days of the termination of such Trigger Period. Notwithstanding the foregoing, during the continuance of an Event of Default Lender shall have the right, but not the obligation, at any time, in its sole and absolute discretion to (a) hold the Cash Collateral Funds as additional collateral for the Debt and (b) following the acceleration of all or any portion of the Debt or the occurrence of the Maturity Date, apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or the Obligations to the extent then due and payable, in such order and in such manner as Lender shall elect in its sole and absolute discretion (including, following the maturity or acceleration of the Loan, to make a repayment of principal (together with the applicable Spread Maintenance Premium, if any, applicable thereto)) or any other amounts due hereunder.

Cash Collateral Funds. If a Trigger Period shall be continuing, all Available Cash shall be paid to Lender, which amounts shall be transferred by Lender into an Account established to hold such amounts (the “Cash Collateral Account”) to be held by Lender as cash collateral for the Debt. Amounts on deposit from time to time in the Cash Collateral Account pursuant to this Section 6.8 6.11 are referred to as the “Cash Collateral Funds”. Any Cash Collateral Funds on deposit in the Cash Collateral Account not previously disbursed or applied shall be disbursed to Borrower within five (5) Business Days of upon the termination of such Trigger Period, be added to the Rents disbursed on the next Monthly Payment Date pursuant to Section 6.12.1. Notwithstanding the foregoing, during the continuance of an Event of Default Lender shall have the right, but not the obligation, at any timetime during the continuance of an Event of Default, in its sole and absolute discretion to (a) hold the Cash Collateral Funds as additional collateral for the Debt and (b) following the acceleration of all or any portion of the Debt or the occurrence of the Maturity Date, apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or the Obligations to the extent then due and payableObligations, in such order and in such manner as Lender shall elect in its sole and absolute discretion (includingdiscretion, following the maturity or acceleration of the Loan, including to make a repayment prepayment of principal (together with the applicable Spread Maintenance Premium, Prepayment Fee if any, applicable thereto)) or any other amounts due hereunder.

Cash Collateral Funds. If a Trigger Period shall be continuingcontinuing (other than (i) a Trigger Period continuing solely because of the continuance of a Mezzanine Trigger Period or (ii) a Trigger Period continuing because of the continuance of a Lease Sweep Period), all Available Cash shall be paid to Lender, which amounts shall be transferred by Lender into an Account established to hold such amounts (the “Cash Collateral Account”) to be held by Lender as cash collateral for the Debt. Amounts on deposit from time to time in the Cash Collateral Account pursuant to this Section 6.8 6.12 are referred to as the “Cash Collateral Funds”. Any Cash Collateral Funds on deposit in the Cash Collateral Account not previously disbursed or applied shall be disbursed to Borrower within five (5) Business Days of shall, upon the termination of such Trigger Period, be disbursed to Borrower. Notwithstanding the foregoing, during the continuance of an Event of Default Lender shall have the right, but not the obligation, at any timetime during the continuance of an Event of Default, in its sole and absolute discretion to (a) hold the Cash Collateral Funds as additional collateral for the Debt and (b) following the acceleration of all or any portion of the Debt or the occurrence of the Maturity Date, apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or the Obligations to the extent then due and payableObligations, in such order and in such manner as Lender shall elect in its sole and absolute discretion (includingdiscretion, following the maturity or acceleration of the Loan, including to make a repayment prepayment of principal (together with the applicable Spread Maintenance PremiumPrepayment Fee and/or Liquidated Damages Amount, if any, applicable thereto)) or any other amounts due hereunder.

Cash Collateral Funds. If a Trigger Period shall be continuingcontinuing (other than a Trigger Period continuing solely because of the continuance of a Mezzanine Trigger Period), all Available Cash shall be paid to Lender, which amounts shall be transferred by Lender into an Account established to hold such amounts (the “Cash Collateral Account”) to be held by Lender as cash collateral for the Debt. Amounts on deposit from time to time in the Cash Collateral Account pursuant to this Section 6.8 6.11 are referred to as the “Cash Collateral Funds”. Any Cash Collateral Funds on deposit in the Cash Collateral Account not previously disbursed or applied shall be disbursed to Borrower within five (5) Business Days of shall, upon the termination of such Trigger Period. , be added to the Rents disbursed on the next Monthly Payment Date pursuant to Section 6.12.1 Notwithstanding the foregoing, during the continuance of an Event of Default Lender shall have the right, but not the obligation, at any timetime during the continuance of an Event of Default, in its sole and absolute discretion to (a) hold the Cash Collateral Funds as additional collateral for the Debt and (b) following the acceleration of all or any portion of the Debt or the occurrence of the Maturity Date, apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or the Obligations to the extent then due and payableObligations, in such order and in such manner as Lender shall elect in its sole and absolute discretion (includingdiscretion, following the maturity or acceleration of the Loan, including to make a repayment prepayment of principal (together with the applicable Spread Maintenance PremiumPrepayment Fee and/or Liquidated Damages Amount, if any, applicable thereto)) or any other amounts due hereunder.

Cash Collateral Funds. If a Trigger Period shall be continuing, all Available Cash shall be paid to LenderAgent, which amounts shall be transferred by Lender Agent into an Account established to hold such amounts (the “Cash Collateral Account”) to be held by Lender Agent as cash collateral for the Debt. Amounts on deposit from time to time in the Cash Collateral Account pursuant to this Section 6.8 are referred to as the “Cash Collateral Funds”. Any Cash Collateral Funds on deposit in the Cash Collateral Account not previously disbursed or applied shall be disbursed to Borrower within five (5) Business Days of shall, upon the termination of such Trigger Period, be added to the Rents disbursed on the next Monthly Payment Date pursuant to Section 6.9.1. Notwithstanding the foregoing, during the continuance of an Event of Default Lender Agent shall have the right, but not the obligation, at any timetime during the continuance of an Event of Default, in its sole and absolute discretion to (a) hold the Cash Collateral Funds as additional collateral for the Debt and (b) following the acceleration of all or any portion of the Debt or the occurrence of the Maturity Date, apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or the Obligations to the extent then due and payableObligations, in such order and in such manner as Lender Agent shall elect in its sole and absolute discretion (includingdiscretion, following the maturity or acceleration of the Loan, including to make a repayment prepayment of principal (together with with, if such Event of Default occurred on or prior to the Spread Maintenance Date, the applicable Spread Maintenance Premium, if any, applicable thereto)) or any other amounts due hereunder.

Cash Collateral Funds. If a Trigger Period shall be continuing, all Available Cash shall be paid to Lender, which amounts shall be transferred by Lender into an Account established to hold such amounts (the “Cash Collateral Account”) to be held by Lender as cash collateral for the Debt. Amounts on deposit from time to time in the Cash Collateral Account pursuant to this Section 6.8 6.11 are referred to as the “Cash Collateral Funds”. Any Cash Collateral Funds on deposit in the Cash Collateral Account not previously disbursed or applied shall be disbursed to Borrower within five (5) Business Days of shall, upon the termination of such Trigger Period, be added to the Rents disbursed on the next Monthly Payment Date pursuant to Section 6.12.1. Notwithstanding the foregoing, during the continuance of an Event of Default Lender shall have the right, but not the obligation, at any timetime during the continuance of an Event of Default, in its sole and absolute discretion to (a) hold the Cash Collateral Funds as additional collateral for the Debt and (b) following the acceleration of all or any portion of the Debt or the occurrence of the Maturity Date, apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or the Obligations to the extent then due and payableObligations, in such order and in such manner as Lender shall elect in its sole and absolute discretion (includingdiscretion, following the maturity or acceleration of the Loan, including to make a repayment prepayment of principal (together with the applicable Spread Maintenance Premium, if any, applicable thereto)) or any other amounts due hereunder.

Cash Collateral Funds. If a Trigger Cash Flow Sweep Period shall be continuing, all Available Cash shall be paid to LenderAgent (for the benefit of Lenders), which amounts shall be transferred by Lender Agent into an Account established to hold such amounts (the “Cash Collateral Account”) to be held by Lender Agent as cash collateral for the Debt. Amounts on deposit from time to time in the Cash Collateral Account pursuant to this Section 6.8 6.9 are referred to as the “Cash Collateral Funds”. Any Cash Collateral Funds on deposit in the Cash Collateral Account not previously disbursed or applied shall be disbursed to Borrower within five (5) Business Days of shall, upon the termination of such Trigger Cash Flow Sweep Period, be disbursed to Borrowers. Funds on deposit in the Cash Collateral Account, at Agent’s sole and absolute election and discretion, may be allocated to (A) the Rollover Account to be applied in accordance with the terms and conditions of Section 6.6 hereof or (B) Capital Expenditure Account to be applied in accordance with the terms and conditions of Section 6.7 hereof. Notwithstanding the foregoing, during the continuance of an Event of Default Lender Agent shall have the right, but not the obligation, at any timetime during the continuance of an Event of Default, in its sole and absolute discretion to (a) hold the Cash Collateral Funds as additional collateral for the Debt and (b) following the acceleration of all or any portion of the Debt or the occurrence of the Maturity Date, apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or the Obligations to the extent then due and payableObligations, in such order and in such manner as Lender Agent shall elect in its sole and absolute discretion (includingdiscretion, following the maturity or acceleration of the Loan, including to make a repayment prepayment of principal (together with the applicable Spread Maintenance Premium, if any, applicable thereto)) or any other amounts due hereunder.

Cash Collateral Funds. If a Trigger Period shall be continuingcontinuing (other than (i) a Trigger Period continuing solely because of the continuance of a Mezzanine Trigger Period or (ii) a Trigger Period continuing because of the continuance of a Lease Sweep Period), all Available Cash shall be paid to Lender, which amounts shall be transferred by Lender into an Account established to hold such amounts (the “Cash Collateral Account”) to be held by Lender as cash collateral for the Debt. Amounts on deposit from time to time in the Cash Collateral Account pursuant to this Section 6.8 6.12 are referred to as the “Cash Collateral Funds”. Any Cash Collateral Funds on deposit in the Cash Collateral Account not previously disbursed or applied shall be disbursed to Borrower within five (5) Business Days of shall, upon the termination of such Trigger Period, be disbursed to Borrower. Notwithstanding the foregoing, during the continuance of an Event of Default Lender shall have the right, but not the obligation, at any timetime during the continuance of an Event of Default, in its sole and absolute discretion to (a) hold the Cash Collateral Funds as additional collateral for the Debt and (b) following the acceleration of all or any portion of the Debt or the occurrence of the Maturity Date, apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or the Obligations to the extent then due and payableObligations, in such order and in such manner as Lender shall elect in its sole and absolute discretion (includingdiscretion, following the maturity or acceleration of the Loan, including to make a repayment prepayment of principal (together with the applicable Spread Maintenance PremiumPrepayment Fee and/or Liquidated Damages Amount, if any, applicable thereto)) or any other amounts due hereunder.. Table of Contents

Cash Collateral Funds. If a Trigger Period shall be continuingcontinuing (other than a Trigger Period continuing solely because of the continuance of a Mezzanine Trigger Period), all Available Cash shall be paid to Lender, which amounts shall be transferred by Lender into an Account established to hold such amounts (the “"Cash Collateral Account”Account ") to be held by Lender as cash collateral for the Debt. Amounts on deposit from time to time in the Cash Collateral Account pursuant to this Section 6.8 6.11 are referred to as the “"Cash Collateral Funds”". Any Cash Collateral Funds on deposit in the Cash Collateral Account not previously disbursed or applied shall be disbursed to Borrower within five (5) Business Days of shall, upon the termination of such Trigger Period, be added to the Rents disbursed on the next Monthly Payment Date pursuant to Section 6.12.1. Notwithstanding the foregoing, during the continuance of an Event of Default Lender shall have the right, but not the obligation, at any timetime during the continuance of an Event of Default, in its sole and absolute discretion to (a) hold the Cash Collateral Funds as additional collateral for the Debt and (b) following the acceleration of all or any portion of the Debt or the occurrence of the Maturity Date, apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or the Obligations to the extent then due and payableObligations, in such order and in such manner as Lender shall elect in its sole and absolute discretion (includingdiscretion, following the maturity or acceleration of the Loan, including to make a repayment prepayment of principal (together with the applicable Spread Maintenance PremiumPrepayment Fee and/or Liquidated Damages Amount, if any, applicable thereto)) or any other amounts due hereunder.

Cash Collateral Funds. If a Trigger Period shall be continuing, all Available Cash shall be paid to Lender, which amounts shall be transferred by Lender into an Account established to hold such amounts (the “Cash Collateral Account”) to be held by Lender as cash collateral for the Debt. Amounts on deposit from time to time in the Cash Collateral Account pursuant to this Section 6.8 are referred to as the “Cash Collateral Funds”. Any Cash Collateral Funds on deposit in the Cash Collateral Account not previously disbursed or applied shall be disbursed to Borrower within five (5) Business Days of shall, upon the termination of such Trigger Period, be disbursed to Borrower. Notwithstanding the foregoing, during the continuance of an Event of Default Lender shall have the right, but not the obligation, at any timetime during the continuance of an Event of Default, in its sole and absolute discretion to (a) hold the Cash Collateral Funds as additional collateral for the Debt and (b) following the acceleration of all or any portion of the Debt or the occurrence of the Maturity Date, apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or the Obligations to the extent then due and payableObligations, in such order and in such manner as Lender shall elect in its sole and absolute discretion (includingdiscretion, following the maturity or acceleration of the Loan, including to make a repayment prepayment of principal (together with the applicable Spread Maintenance PremiumPrepayment Fee and/or Liquidated Damages Amount, if any, applicable thereto)) or any other amounts due hereunder.