Collection and Allocation of Payments and Other Amounts. (a) The Lessee and the Construction Agent have agreed pursuant to Section 5.8 and otherwise in accordance with the terms of this Agreement to pay to (i) the Agent any and all Rent (excluding Excepted Payments) and any and all other amounts (excluding Excepted Payments) of any kind or type under any of the Operative Agreements due and owing or payable to any Person and (ii) each Person as appropriate the Excepted Payments. Promptly after receipt, the Agent shall apply and allocate, in accordance with the terms of this Section 8.7, such amounts received from the Lessee or the Construction Agent and all other payments, receipts and other consideration of any kind whatsoever received by the Agent pursuant to the Security Agreement or otherwise received by the Agent, the Holders or any of the Lenders in connection with the Collateral, the Security Documents or any of the other Operative Agreements. Ratable distributions among the Lenders and the Holders under this Section 8.7 shall be made based on (in the case of the Lenders) the ratio of the outstanding Loans to the aggregate Property Cost and (in the case of the Holders) the ratio of the outstanding Holder Advances to the aggregate Property Cost. Ratable distributions among the Tranche A Lenders under this Section 8.7 shall be made based on the ratio of the individual Tranche A Lender’s Commitment for Tranche A Loans to the aggregate of all the Tranche A Lenders’ Commitments for Tranche A Loans. Ratable distributions among the Tranche B Lenders under this Section 8.7 shall be made based on the ratio of the individual Tranche B Lender’s Commitment for Tranche B Loans to the aggregate of all the Tranche B Lenders’ Commitments for Tranche B Loans. Ratable distributions among the Lenders (in situations where the Tranche A Lenders are not differentiated from the Tranche B Lenders) shall be made based on the ratio of the individual Lender’s Commitment to the aggregate of all the Lenders’ Commitments. Ratable distributions among the Holders under this Section 8.7 shall be based on the ratio of the individual Holder’s Holder Commitment to the aggregate of all the Holders’ Holder Commitments.
(b) Payments and other amounts received by the Agent from time to time in accordance with the terms of subparagraph (a) shall be applied and allocated as follows (subject in all cases to Section 8.7(c)):
(i) Any such payment or amount identified as or deemed to be Basic Rent shall be applied and allocated by the Agent first, rat...
Collection and Allocation of Payments and Other Amounts. The Lessee, the Construction Agent, the Agent, the Lenders, the Holders and the Borrower have agreed pursuant to the terms of Section 8.7 of the Participation Agreement to a procedure for the allocation and distribution of certain payments and distributions, including without limitation the proceeds of Collateral.
Collection and Allocation of Payments and Other Amounts. (a) The Lessee has agreed pursuant to Section 5.8 and otherwise in accordance with the terms of this Agreement to pay to (i) the Bank any and all Rent (excluding Excepted Payments) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person and (ii) each Person as appropriate the Excepted Payments.
(b) Payments and other amounts received by the Bank from time to time in accordance with the terms of subparagraph (a) shall be applied and allocated by the Bank first, to the payment of interest on the Loans and thereafter the principal of the Loans which is due and payable on such date; second, to the payment of accrued Holder Yield with respect to the Holder Advances and thereafter the portion of the Holder Advances which is due on such date; and third, if no Default or Event of Default is in effect, any excess shall be paid to such Person or Persons as the Lessee may designate.
(c) Upon the termination of the Commitments and the payment in full of the Loans and all other amounts owing by the Owner Trustee hereunder or under any Credit Document and the payment in full of all amounts owing to the Holder and the Owner Trustee under the Trust Agreement, any moneys remaining with the Bank shall be returned to the Lessee or such other Person or Persons as the Lessee may designate. In the event of an Acceleration it is agreed that, prior to the application and allocation of amounts received by the Bank in the order described in Section 8.7(b) above, any such amounts shall first be applied and allocated to the payment of (i) any and all sums advanced by the Bank in order to preserve the Collateral or to preserve its Lien thereon, (ii) the expenses of retaking, holding, preparing for sale or lease, selling or otherwise disposing or realizing on the Collateral, or of any exercise by the Bank of its rights under the Security Documents, together with reasonable attorneys' fees and expenses and court costs and (iii) any and all other amounts reasonably owed to the Bank under or in connection with the transactions contemplated by the Operative Agreements (including without limitation any accrued and unpaid administration fees).
Collection and Allocation of Payments and Other Amounts. The Credit Parties, the Agent, the Lenders, the Holders and the Borrower have agreed pursuant to the terms of Section 8.7 of the Participation Agreement to a procedure for the allocation and distribution of certain payments and distributions, including without limitation the proceeds of Collateral.
Collection and Allocation of Payments and Other Amounts. Release of Properties, etc.
Collection and Allocation of Payments and Other Amounts. (a) The Lessee and the Construction Agent have agreed pursuant to Section 5.8 and otherwise in accordance with the terms of this Agreement to pay to (i) the Agent any and all Rent (excluding Excepted Payments) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person and (ii) each Person as appropriate the Excepted Payments. Promptly after receipt, the Agent shall apply and allocate, in accordance with the terms of this Section 8.7, such amounts received from the Lessee or the Construction Agent and all other payments, receipts and other consideration of any kind whatsoever received by the Agent pursuant to the Security Agreement or otherwise received by the Agent, the Holders or any of the Lenders in connection with the Collateral, the Security Documents or any of the other Operative Agreements. Ratable distributions among the Lenders and the Holders under this Section 8.7 shall be made based on (in the case of the Lenders) the
Collection and Allocation of Payments and Other Amounts. (a) Each Credit Party has agreed pursuant to Section 5.9 and otherwise in accordance with the terms of this Agreement to pay to (i) the Agent any and all Rent and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person and (ii) each Person as appropriate the Excepted 38 44
Collection and Allocation of Payments and Other Amounts. The Agent will allocate and distribute payments, including without limitation the proceeds of Collateral, to the Lenders, the Holders and other Persons in accordance with the procedures set forth in Section 8.7 of the Participation Agreement.
Collection and Allocation of Payments and Other Amounts. (a) Each Credit Party has agreed pursuant to the terms of this Agreement to pay to (i) the Agent any and all Rent (excluding Excepted Payments) and any and all other amounts of any kind or type under any of the Operative Agreements due and owing or payable to any Person and (ii) each Person as appropriate the Excepted Payments. Promptly after receipt, the Agent shall apply and allocate, in accordance with the terms of this Section 8.7, such amounts received from any Credit Party and all other payments, receipts and other consideration of any kind whatsoever received by the Agent pursuant to the Security Agreement or otherwise received by the Agent, the Holders or any of the Lenders in connection with the Collateral, the Security Documents or any of the other Operative Agreements. Ratable distributions among the Lenders and the Holders under this Section 8.7 shall be made based on (in the case of the Lenders) the ratio of the
Collection and Allocation of Payments and Other Amounts. Special Provision Regarding Post-Expiration Date Sales 50 8.8. Release of the Property, etc. 55 8.9. Limitation of Lessor’s Obligations 55 8.10. No Representations or Warranties as to the Property or Operative Agreements 57 8.11. Reliance; Advice of Counsel 57 8.12. Access to Property for the Construction Agent 57 8.13. [Reserved] 58 8.14. Non-Disturbance 58 8.15. Payment of Appraiser Expenses 58 SECTION 9. RIGHTS UNDER THE CREDIT AGREEMENTS 58 SECTION 10. TRANSFER OF INTEREST 59 10.1. Restrictions on Transfer 59 10.2. Effect of Transfer 61 SECTION 11. INDEMNIFICATION 61 11.1. General Indemnity 61 11.2. General Tax Indemnity 65 11.3. Increased Costs, Loan Adequacy; Illegality, etc. 70 11.4. Funding/Contribution Indemnity 71 11.5. EXPRESS INDEMNIFICATION FOR ORDINARY NEGLIGENCE, STRICT LIABILITY, ETC. 72
