Common use of Current Debt Service Reserve Account Clause in Contracts

Current Debt Service Reserve Account. (a) By no later than each Payment Date, the Borrowers shall deposit or monies shall be transferred in accordance with Section 9.4 hereof from the Holding Account into the Current Debt Service Reserve Account in an amount equal to the sum of: (i) the amount necessary to pay any fees and expenses which will be due and payable as of such Payment Date to any trustee, fiscal agent, servicer and/or special servicer, including without limitations, any master servicing fees, special servicing fees and servicer advances ("Third Party Securitization Amount"); plus (ii) following any Securitization, the amount necessary to pay any costs which will be due and payable as of such Payment Date and which were incurred in connection with the ongoing rating surveillance being provided by the Rating Agencies in connection with such Securitization ("Rating Agency Securitization Amount"); plus (iii) (a) the amount of all scheduled or past due Debt Service, (b) all amounts paid on account of any prepayment and/or defeasance of the Loan, including, without limitation, all Acceleration Prepayment Premiums, if any made by the Borrowers pursuant to Section 2.4.3 hereof and (c) all Proceeds required to be paid to the Lender pursuant to Sections 8.1.2 or 8.1.3 hereof (other than Proceeds to be applied to the restoration or repair of a related Property) (collectively, the "Debt Service Amount"); plus (iv) the amount of all interest, costs, expenses, fees and other amounts which will be due and payable under the Loan Documents as of such Payment Date, other than Debt Service Amounts ("Lender Cost and Expense Amount").

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotel Capital Inc)

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Current Debt Service Reserve Account. (a) By no later than each Payment Date, the Borrowers Obligor shall deposit or monies shall be transferred in accordance with Section 9.4 7.14 hereof from the Holding Account into the Current Debt Service Reserve Account in an amount equal to the sum of: (i) the amount necessary to pay the Administrative Fee and any fees and expenses which will be due and payable as of such Payment Date to any trustee, fiscal agent, servicer and/or or special servicer, including without limitationslimitation, any master servicing fees, fees and special servicing fees and any servicer advances advances, work-out fees and reasonable attorneys fees and disbursements in connection with a prepayment, release of the Property, assumption or modification of the Loan, special servicing or work-out of the Loan or enforcement of the Loan Documents ("Third Party Securitization Amount"); plus (ii) following any Securitization, the amount necessary to pay any costs which will be due and payable as of such Payment Date and which were incurred in connection with the ongoing rating surveillance being provided by the Rating Agencies in connection with such Securitization ("Rating Agency Securitization Amount"); plus (iii) (a) the amount of all scheduled or past due Debt ServiceService as of such Payment Date, (b) all amounts paid on account of any prepayment and/or defeasance of the Loan, including, without limitation, all Acceleration Prepayment Premiumsprepayment fees, if any made by the Borrowers Obligor pursuant to Section 2.4.3 2.3 hereof and (c) all Proceeds required to be paid to the Lender Agent pursuant to Sections 8.1.2 4.12 or 8.1.3 4.13 hereof (other than Proceeds to be applied to the restoration or repair of a related the Property) as of such Payment Date (collectively, the "Debt Service Amount"); plus (iv) the amount of all interest, costs, expenses, Administrative Fees, fees and other amounts which will be due and payable under the Loan Documents as of such Payment Date, other than Debt Service Amounts ("Lender Cost and Expense Amount"”). On each Payment Date, funds on deposit in the Current Debt Service Reserve Account shall be applied by Agent to pay the items set forth in preceding clauses (i) through (iv).

Appears in 1 contract

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

Current Debt Service Reserve Account. (a) By no later than each Payment Date, the Borrowers shall deposit or monies shall be transferred in accordance with Section 9.4 hereof from the Holding Account into the Current Debt Service Reserve Account in an amount equal to the sum of: (i) the amount necessary to pay any fees and expenses which will be due and payable as of such Payment Date to any trustee, fiscal agent, servicer and/or special servicer, including without limitations, any master servicing fees, sub servicing fees, special servicing fees, servicer advances, work-out fees and servicer advances reasonable attorneys fees and disbursements, in connection with a prepayment, release of the Property, assumption or modification of the Loan, special servicing or work-out of the Loan or enforcement of the Loan Documents. ("Third Party Securitization Amount"); plus (ii) following any Securitization, the amount necessary to pay any costs which will be due and payable as of such Payment Date and which were incurred in connection with the ongoing rating surveillance being provided by the Rating Agencies in connection with such Securitization ("Rating Agency Securitization Amount"); plus (iii) (a) the amount of all scheduled or past due Debt Service, (b) all amounts paid on account of any prepayment and/or defeasance of the Loan, including, without limitation, all Acceleration Prepayment Premiums, if any made by the Borrowers pursuant to Section 2.4.3 hereof and (c) all Proceeds required to be paid to the Lender pursuant to Sections 8.1.2 or 8.1.3 hereof (other than Proceeds to be applied to the restoration or repair of a related Property) (collectively, the "Debt Service Amount"); plus (iv) the amount of all interest, costs, expenses, fees and other amounts which will be due and payable under the Loan Documents as of such Payment Date, other than Debt Service Amounts ("Lender Cost and Expense Amount"”). On each Payment Date, funds on deposit in the Current Debt Service Reserve Account shall be applied by Lender to pay the items set forth in preceding clauses (i) through (iv).

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotel Capital Inc)

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Current Debt Service Reserve Account. (a) By no later than each Payment Date, the Borrowers Issuers shall deposit or monies shall be transferred in accordance with Section 9.4 hereof from the Holding Account into the Current Debt Service Reserve Account in an amount equal to the sum of: (i) the amount necessary to pay any fees and expenses which will be due and payable as of such Payment Date to any trustee, fiscal agent, servicer and/or special servicer, including without limitations, any master servicing fees, special servicing fees and servicer advances ("Third Party Securitization Amount"); plus (ii) following any Securitization, the amount necessary to pay any costs which will be due and payable as of such Payment Date and which were incurred in connection with the ongoing rating surveillance being provided by the Rating Agencies in connection with such Securitization ("Rating Agency Securitization Amount"); plus (iii) (a) the amount of all scheduled or past due Debt Service, (b) all amounts paid on account of any prepayment and/or defeasance of the LoanNotes, including, without limitation, all Acceleration Prepayment Premiums, if any made by the Borrowers Issuers pursuant to Section 2.4.3 hereof and (c) all Proceeds required to be paid to the Lender Note Trustee pursuant to Sections 8.1.2 or 8.1.3 hereof (other than Proceeds to be applied to the restoration or repair of a related Property) (collectively, the "Debt Service Amount"); plus (iv) the amount of all interest, costs, expenses, fees and other amounts which will be due and payable under the Loan Transaction Documents or incurred by Noteholders as of such Payment Date, other than Debt Service Amounts ("Lender Cost and Expense Amount").

Appears in 1 contract

Samples: Indenture (Strategic Hotel Capital Inc)

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