Common use of Deposits During Operative Period, DSCR Restricted Period and Franchise Restricted Period Clause in Contracts

Deposits During Operative Period, DSCR Restricted Period and Franchise Restricted Period. If on any Due Date during any Operative Period, DSCR Restricted Period or any Franchise Restricted Period, the funds then on deposit in the Central Account shall be less than the amount of funds which are required to be deposited therein pursuant to Section 2.7.3(a) through (d) for such Due Date, Borrowers shall be obligated to deposit immediately available funds (in addition to Revenue) by wire transfer directly into the Central Account as provided in Section 2.6.1, on such Due Date (subject to the grace period provided in Section 8.1 (a) (i)), in the amount of such deficiency, and failure to make such deposit shall be an Event of Default hereunder. Lender may (but shall not be obligated to) withdraw funds from the Debt Service Payment Sub-Account the Engineering Escrow Sub-Account, the FF&E Sub-Account, the Curtailment Reserve Sub-Account or the Capital Expenditure Sub-Account (in each case to the extent funds are available in each such Basic Sub-Account) and pay any deficiency in any other Basic Sub-Account, in such order of priority as Lender determines in Lender's sole discretion. Lender shall not withdraw or disburse funds from the Basic Carrying Costs Sub-Account or the Operation and Maintenance Sub-Account except as expressly provided in Section 2.7.7(b) and (c).

Appears in 2 contracts

Samples: Loan Agreement (Lodgian Inc), Loan Agreement (Servico Market Center Inc)

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Deposits During Operative Period, DSCR Restricted Period and Franchise Restricted Period. If on any Due Date during any Operative Period, DSCR Restricted Period or any Franchise Restricted Period, the funds then on deposit in the Central Account shall be less than the amount of funds which are required to be deposited therein pursuant to Section 2.7.3(a) through (d) for such Due Date, Borrowers Borrower shall be obligated to deposit immediately available funds (in addition to Revenue) by wire transfer directly into the Central Account as provided in Section 2.6.1, on such Due Date (subject to the grace period provided in Section 8.1 (a8.1(a) (i)), in the amount of such deficiency, and failure to make such deposit shall be an Event of Default hereunder. Lender may (but shall not be obligated to) withdraw funds from the Debt Service Payment Sub-Account the Engineering Escrow Sub-Account, the FF&E Sub-Account, the Curtailment Reserve Sub-Account or the Capital Expenditure Sub-Account (in each case to the extent funds are available in each such Basic Sub-Account) and pay any deficiency in any other Basic Sub-Account, in such order of priority as Lender determines in Lender's sole discretion. Lender shall not withdraw or disburse funds from the Basic Carrying Costs Sub-Account or the Operation and Maintenance Sub-Account except as expressly provided in Section 2.7.7(b) and (c).

Appears in 1 contract

Samples: Loan Agreement (Servico Market Center Inc)

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Deposits During Operative Period, DSCR Restricted Period and Franchise Restricted Period. If on any Due Date during any Operative Period, DSCR Restricted Period or any Franchise Restricted Period, the funds then on deposit in the Central Account shall be less than the amount of funds which are required to be deposited therein pursuant to Section 2.7.3(a2.6.3(a) through (d) for such Due Date, Borrowers Borrower shall be obligated to deposit immediately available funds (in addition to Revenue) by wire transfer directly into the Central Account as provided in Section 2.6.12.5.1, on such Due Date (subject to the grace period provided in Section 8.1 (a) (i8.1(a)(i)), in the amount of such deficiency, and failure to make such deposit shall be an Event of Default hereunder. Lender may (but shall not be obligated to) withdraw funds from the Debt Service Payment Sub-Account the Engineering Escrow Sub-Account, the FF&E Sub-Account, the Curtailment Reserve Sub-Account or the Capital Expenditure Sub-Account (in each case to the extent funds are available in each such Basic Sub-Account) and pay any deficiency in any other Basic Sub-Account, in such order of priority as Lender determines in Lender's sole discretion. Lender shall not withdraw or disburse funds from the Basic Carrying Costs Sub-Account or the Operation and Maintenance Sub-Account except as expressly provided in Section 2.7.7(b2.6.7(b) and (c).

Appears in 1 contract

Samples: Loan Agreement (Servico Market Center Inc)

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