Cash Collateral Funds. (a) If a Trigger Period shall be continuing, all Available Cash shall be paid to Agent, which amounts shall be transferred by Agent into an Account (the “Cash Collateral Account”) to be held by 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, 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, Agent shall have the right, but not the obligation, at any time during the continuance of an Event of Default, in its sole and absolute discretion to apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or Obligations, in such order and in such manner as Agent shall elect in its sole and absolute discretion, including to make a prepayment of principal (together 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.
Appears in 2 contracts
Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)
Cash Collateral Funds. (a) If a Trigger Period shall be continuing, all Available Cash shall be paid to AgentLender, which amounts shall be transferred by Agent Lender into an Account established to hold such amounts (the “Cash Collateral Account”) to be held by Agent 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, upon shall be disbursed to Borrower within five (5) Business Days of 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, Agent during the continuance of an Event of Default Lender shall have the right, but not the obligation, at any time during the continuance of an Event of Defaulttime, 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 Obligationsthe Obligations to the extent then due and payable, in such order and in such manner as Agent Lender shall elect in its sole and absolute discretiondiscretion (including, including following the maturity or acceleration of the Loan, to make a prepayment repayment of principal (together with, if such Event of Default occurred on or prior to the Spread Maintenance Date, with the applicable Spread Maintenance Premium, if any, applicable thereto)) or any other amounts due hereunder.
Appears in 2 contracts
Samples: Loan Agreement (Alexanders Inc), Loan Agreement (Alexanders Inc)
Cash Collateral Funds. (a) If a Trigger Period shall be continuing, all Available Cash shall be paid to AgentLender, which amounts shall be transferred by Agent Lender into an Account (the “Cash Collateral Account”) to be held by Agent 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, upon the termination of such Trigger Period, be added to the Rents disbursed on the next Monthly Payment Date pursuant to Section 6.9.16.12.1. Notwithstanding the foregoing, Agent Lender shall have the right, but not the obligation, at any time during the continuance of an Event of Default, in its sole and absolute discretion to apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or Obligations, in such order and in such manner as Agent Lender shall elect in its sole and absolute discretion, including to make a prepayment of principal (together with, if such Event of Default occurred on or prior to the Spread Maintenance Date, with the applicable Spread Maintenance Premium, if any, applicable thereto) or any other amounts due hereunder.
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Cash Collateral Funds. (a) If a Trigger Period shall be continuing, all Available Cash shall be paid to Agent, which amounts shall be transferred by Agent into an Account (the “Cash Collateral Account”) to be held by 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, 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, Agent shall have the right, but not the obligation, at any time during the continuance of an Event of Default, in its sole and absolute discretion to apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or Obligations, in such order and in such manner as Agent shall elect in its sole and absolute discretion, including to make a prepayment of principal (together 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.
Appears in 1 contract
Samples: Loan Agreement (Clipper Realty Inc.)
Cash Collateral Funds. (a) 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 AgentLender, which amounts shall be transferred by Agent Lender into an Account (the “Cash Collateral Account”) to be held by Agent 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, 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. 6.12.1 Notwithstanding the foregoing, Agent Lender shall have the right, but not the obligation, at any time during the continuance of an Event of Default, in its sole and absolute discretion to apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or Obligations, in such order and in such manner as Agent Lender shall elect in its sole and absolute discretion, including to make a prepayment of principal (together with, if such Event of Default occurred on or prior to the Spread Maintenance Date, with the applicable Spread Maintenance PremiumPrepayment Fee and/or Liquidated Damages Amount, if any, applicable thereto) or any other amounts due hereunder.
Appears in 1 contract
Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
Cash Collateral Funds. (a) If a Trigger Period shall be continuing, all Available Cash shall be paid to AgentLender, which amounts shall be transferred by Agent Lender into an Account (the “Cash Collateral Account”) to be held by Agent 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, upon the termination of such Trigger Period, be added disbursed to the Rents disbursed on the next Monthly Payment Date pursuant to Section 6.9.1Borrower. Notwithstanding the foregoing, Agent Lender shall have the right, but not the obligation, at any time during the continuance of an Event of Default, in its sole and absolute discretion to apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or Obligations, in such order and in such manner as Agent Lender shall elect in its sole and absolute discretion, including to make a prepayment of principal (together with, if such Event of Default occurred on or prior to the Spread Maintenance Date, with the applicable Spread Maintenance PremiumPrepayment Fee and/or Liquidated Damages Amount, if any, applicable thereto) or any other amounts due hereunder.
Appears in 1 contract
Samples: Loan Agreement (Clipper Realty Inc.)
Cash Collateral Funds. (a) If a Trigger Period shall be continuing, all Available Cash shall be paid to AgentLender, which amounts shall be transferred by Agent Lender into an Account (the “Cash Collateral Account”) to be held by Agent 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, shall upon the termination of such Trigger Period, be added to the Rents disbursed on the next Monthly Payment Date pursuant to Section 6.9.16.12.1. Notwithstanding the foregoing, Agent Lender shall have the right, but not the obligation, at any time during the continuance of an Event of Default, in its sole and absolute discretion to apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or Obligations, in such order and in such manner as Agent Lender shall elect in its sole and absolute discretion, including to make a prepayment of principal (together with, if such Event of Default occurred on or prior to the Spread Maintenance Date, with the applicable Spread Maintenance Premium, Prepayment Fee if any, applicable thereto) or any other amounts due hereunder.
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Cash Collateral Funds. (a) If a Trigger Cash Flow Sweep Period shall be continuing, all Available Cash shall be paid to AgentAgent (for the benefit of Lenders), which amounts shall be transferred by Agent into an Account (the “Cash Collateral Account”) to be held by 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, upon the termination of such Trigger Cash Flow Sweep Period, be added disbursed to Borrowers. Funds on deposit in the Rents disbursed on Cash Collateral Account, at Agent’s sole and absolute election and discretion, may be allocated to (A) the next Monthly Payment Date pursuant Rollover Account to be applied in accordance with the terms and conditions of Section 6.9.16.6 hereof or (B) Capital Expenditure Account to be applied in accordance with the terms and conditions of Section 6.7 hereof. Notwithstanding the foregoing, Agent shall have the right, but not the obligation, at any time during the continuance of an Event of Default, in its sole and absolute discretion to apply any and all Cash Collateral Funds then on deposit in the Cash Collateral Account to the Debt or Obligations, in such order and in such manner as Agent shall elect in its sole and absolute discretion, including to make a prepayment of principal (together with, if such Event of Default occurred on or prior to the Spread Maintenance Date, with the applicable Spread Maintenance Premium, if any, applicable thereto) or any other amounts due hereunder.
Appears in 1 contract
Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)