Common use of Deposits into Lockbox Account Clause in Contracts

Deposits into Lockbox Account. Borrower represents, warrants and covenants that (i) Borrower shall, or shall cause Manager to, deposit all Gross Income from Operations, all forfeited Security Deposits and all other revenue of any kind from each Individual Property received by Borrower or Manager into the Lockbox Account no later than one (1) Business Day after receipt; provided, however, that all Lease Termination Payments and forfeited Security Deposits shall be deposited directly in to the Rollover Reserve Account; (ii) Borrower shall send a notice, substantially in the form of Exhibit A, to all Tenants now or hereafter occupying space at each Individual Property directing them to pay all Rents (including all Lease Termination Payments) and all other sums due under the Lease to which they are a party directly into the Lockbox Account; (iii) other than the Accounts and Borrower’s account referred to in Section 3.7(a)(i) hereof, there shall be no other accounts maintained by Borrower or any other Person into which revenues from the ownership and operation of the Properties are deposited; and (iv) neither Borrower nor any other Person shall open any other such account with respect to the deposit of income in connection with the Properties other than Borrower’s account referred to in Section 3.7(a)(i) hereof. Until deposited into the Lockbox Account, any Gross Income from Operations, forfeited Security Deposits and other revenue of any kind from the Properties received by Borrower or Manager shall be deemed to be Collateral and shall be held in trust by Borrower or Manager, as the case may be, for the benefit, and as the property, of Lender. Borrower warrants and covenants that it shall not rescind, withdraw or change any notices or instructions required to be sent by it pursuant to this Section 3.2 without Lender’s prior written consent.

Appears in 2 contracts

Samples: Loan Agreement (Cole Credit Property Trust II Inc), Loan Agreement (Spirit Realty Capital, Inc.)

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Deposits into Lockbox Account. (a) Borrower represents, warrants and covenants that (i) Borrower shall, or shall cause Operating Tenant or Manager to, promptly deposit all Gross Income from Operations, all Operations and forfeited Security Deposits and all other revenue of any kind from each Individual Property received by Borrower or Manager security deposits into the Lockbox Account no later than one (1) Business Day after receipt; providedProperty Account, howeveror, that all Lease if applicable, the Post-Termination Payments and forfeited Security Deposits shall be deposited directly in to the Rollover Reserve Property Account; , (ii) Borrower shall send a notice, substantially in the form of Exhibit AB, to all Tenants tenants (other than the Operating Tenant) now or hereafter occupying space at each Individual the Property directing them to pay all Rents (including all Lease Termination Payments) and all other sums due under the Lease to which they are a party into the Property Account or the Post-Termination Property Account, as the case may be, (iii) Borrower or Manager shall instruct the Franchisor to deposit all Accounts Receivable for the Property and all other sums collected by Franchisor pursuant to the Franchise Agreement into the Property Account or the Post-Termination Property Account, as the case may be, (iv) Borrower or Manager shall deliver a notice substantially in the form of Exhibit D hereto to all credit card companies to pay all Accounts Receivable directly into the Property Account or the Post-Termination Property Account, as the case may be, (v) Borrower shall deposit, or shall cause the Counterparty to deposit, all sums paid under the Interest Rate Cap Agreement directly into the Lockbox Account; (iiivi) Borrower shall, or shall cause Operating Tenant to deposit all Operating Lease Rent due under the Operating Lease directly into the Lockbox Account, (vii) other than the Accounts and Borrower’s account referred to in Section 3.7(a)(i) hereofAccounts, there shall be no other accounts maintained by Borrower or any other Person into which revenues from the ownership and operation of the Properties Property are deposited; , and (ivviii) neither Borrower nor any other Person shall open any other such account with respect to the deposit of income in connection with the Properties other than Borrower’s account referred to in Section 3.7(a)(i) hereofProperty. Until deposited into the Lockbox Property Account or the Post-Termination Property Account, as the case may be, any Gross Income from Operations, forfeited Security Deposits and other revenue of any kind Operations from the Properties received Property and forfeited security deposits held by Borrower or Manager shall be deemed to be Collateral and shall be held in trust by Borrower or Manager, as the case may be, it for the benefit, and as the property, of Lender. Borrower warrants Lender and covenants that it shall not rescind, withdraw be commingled with any other funds or change any notices or instructions required to be sent by it pursuant to this Section 3.2 without Lender’s prior written consentproperty of Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Meristar Hospitality Corp), Loan Agreement (Meristar Hospitality Operating Partnership Lp)

Deposits into Lockbox Account. (a) Borrower represents, warrants and covenants that (i) Borrower shall, or shall cause Operating Tenant or Manager to, promptly deposit all Gross Income from Operations, all Operations and forfeited Security Deposits and all other revenue of any kind from each Individual Property received by Borrower or Manager security deposits into the Lockbox Account no later than one (1) Business Day after receipt; providedProperty Account, howeveror, that all Lease if applicable, the Post-Termination Payments and forfeited Security Deposits shall be deposited directly in to the Rollover Reserve Property Account; , (ii) Borrower shall send a notice, substantially in the form of Exhibit AB, to all Tenants tenants (other than the Operating Tenant) now or hereafter occupying space at each Individual Property directing them to pay all Rents (including all Lease Termination Payments) and all other sums due under the Lease to which they are a party into the Property Account or the Post-Termination Property Account, as the case may be, (iii) Borrower or Manager shall instruct the Franchisor to deposit all Accounts Receivable for the Properties and all other sums collected by Franchisor pursuant to the Franchise Agreement into the Property Account or the Post-Termination Property Account, as the case may be, (iv) Borrower or Manager shall deliver a notice substantially in the form of Exhibit D hereto to all credit card companies to pay all Accounts Receivable directly into the Property Account or the Post-Termination Property Account, as the case may be, (v) Borrower shall deposit, or shall cause the Counterparty to deposit, all sums paid under the Interest Rate Cap Agreement directly into the Lockbox Account; (iiivi) Borrower shall, or shall cause Operating Tenant to deposit all Operating Lease Rent due under the Operating Lease directly into the Lockbox Account, (vii) other than the Accounts and Borrower’s account referred to in Section 3.7(a)(i) hereofAccounts, there shall be no other accounts maintained by Borrower or any other Person into which revenues from the ownership and operation of the Properties are deposited; , and (ivviii) neither Borrower nor any other Person shall open any other such account with respect to the deposit of income in connection with the Properties other than Borrower’s account referred to in Section 3.7(a)(i) hereofProperties. Until deposited into the Lockbox Property Account or the Post-Termination Property Account, as the case may be, any Gross Income from Operations, forfeited Security Deposits and other revenue of any kind Operations from the Properties received and forfeited security deposits held by Borrower or Manager shall be deemed to be Collateral and shall be held in trust by Borrower or Manager, as the case may be, it for the benefit, and as the property, of Lender. Borrower warrants Lender and covenants that it shall not rescind, withdraw be commingled with any other funds or change any notices or instructions required to be sent by it pursuant to this Section 3.2 without Lender’s prior written consentproperty of Borrower.

Appears in 2 contracts

Samples: Loan Agreement (Meristar Hospitality Operating Partnership Lp), Loan Agreement (Meristar Hospitality Corp)

Deposits into Lockbox Account. (a) Borrower represents, warrants and covenants that (i) Borrower shall, or shall cause Manager or Operating Lessee to, immediately deposit all Gross Income from Operations, all forfeited Security Deposits and all other revenue of any kind from each Individual Property received by Borrower or Manager Operations into the Lockbox applicable Property Account no later than one (1) Business Day after receipt; providedor Concentration Account, however, that all Lease Termination Payments and forfeited Security Deposits shall be deposited directly in to the Rollover Reserve Account; (ii) Borrower or Operating Lessee shall send a notice, substantially in the form of Exhibit AB, to all Tenants tenants now or hereafter occupying space at each Individual Property directing them to pay all Rents (including all Lease Termination Payments) and all other sums due under the Lease to which they are a party into the applicable Property Account or Concentration Account, (iii) Borrower, Operating Lessee or Manager shall instruct the Franchisor to deposit all Accounts Receivable for the Properties and all other sums collected by Franchisor pursuant to the Franchise Agreement into the applicable Property Account or the Concentration Account, (iv) Borrower, Operating Lessee or Manager shall deliver a notice substantially in the form of Exhibit D hereto to all credit card companies to pay all Accounts Receivable directly into the applicable Property Account or the Concentration Account, (v) Borrower shall deposit, or shall cause the Counterparty to deposit, all sums paid under the Interest Rate Cap Agreement directly into the Concentration Account or the Lockbox Account; (iiivi) other than the Accounts and Borrower’s account referred to in Section 3.7(a)(i) hereofAccounts, there shall be no other accounts maintained by Borrower Borrower, Operating Lessee or any other Person into which revenues from the ownership and operation of the Properties are deposited; and , (ivvii) neither Borrower nor any other Person shall open any other such account with respect to the deposit of income in connection with the Properties other than Borrower’s account referred Properties, (viii) on or before May 1st of each Fiscal Year, Borrower shall provide to Lender evidence reasonably satisfactory to Lender that Borrower has notified the Eligible Institution(s) maintaining the Concentration Account(s) of the revised calculation of the Monthly Pegged Amount and (ix) three (3) Business Days before each Payment Date, Borrower and/or Operating Lessee shall cause Manager to deposit, or cause to be deposited, all remaining funds on deposit in Section 3.7(a)(i) hereofthe Manager Account into the Concentration Account. Until deposited into the Lockbox applicable Property Account, any Gross Income from Operations, forfeited Security Deposits and other revenue of any kind Operations from the Properties received held by Borrower or Manager Operating Lessee shall be deemed to be Collateral and shall be held in trust by Borrower or Manager, as the case may be, it for the benefit, and as the property, of Lender. Borrower warrants Lender and covenants that it shall not rescind, withdraw be commingled with any other funds or change any notices property of Borrower or instructions required to be sent by it pursuant to this Section 3.2 without Lender’s prior written consentOperating Lessee.

Appears in 1 contract

Samples: Loan Agreement (Felcor Lodging Trust Inc)

Deposits into Lockbox Account. (a) Borrower represents, ----------------------------- warrants and covenants that (i) Borrower shall, or shall cause Manager to, deposit all Gross Income from Operations, all forfeited Security Deposits and all other revenue of any kind from each Individual Property received by Borrower or Manager Operations into the Lockbox Property Account no later than within one (1) Business Day after receipt; provided, however, that all Lease Termination Payments and forfeited Security Deposits shall be deposited directly in (or with respect to the Rollover Reserve Account; San Xxxx Property only, one (1) Puerto Rico Business Day) of receipt, (ii) Borrower shall instruct the Manager to deposit all Gross Income from Operations collected by Manager, if any, pursuant to the Management Agreement into the Property Account within one (1) Business Day (or with respect to the San Xxxx Property only, one (1) Puerto Rico Business Day) of receipt, (iii) Borrower shall send a notice, substantially in the form of Exhibit AC, to all Tenants tenants now or hereafter occupying space at each Individual Property directing them to pay all Rents (including all Lease Termination Payments) rent and all other sums due under the Lease lease to which they are a party directly into the Lockbox Property Account; , (iiiiv) other than Borrower will deposit all Gross Income from Operations it shall receive from the Property, if any, into the Property Account within one (1) Business Day (or with respect to the San Xxxx Property only, one (1) Puerto Rico Business Day) of receipt, (v) Borrower shall deposit all Accounts Receivable for the Property into the Property Account within one (1) Business Day (or with respect to the San Xxxx Property only, one (1) Puerto Rico Business Day) of receipt, (vi) Borrower shall send a notice, substantially in the form of Exhibit D, to all consumer credit/ charge card organizations or entities which sponsor or administer such cards (including the American Express Card, the Visa Card and Borrower’s account referred the Mastercard) as are accepted for payment at the Property, directing them to in Section 3.7(a)(ipay all sums due to Borrower (or to Manager, as the case may be), directly to the Property Account, (vii) hereof, there shall be no other accounts maintained by Borrower or any other Person into which revenues from the ownership and operation of the Properties are directly deposited; , and (ivviii) neither Borrower nor any other Person shall open any other such account with respect to the direct deposit of income in connection with the Properties other than Borrower’s account referred to in Section 3.7(a)(i) hereofProperties. Until deposited into the Lockbox Property Account, any Gross Income from Operations, forfeited Security Deposits Rents and other revenue of any kind revenues from the Properties received held by Borrower or Manager shall be deemed to be Collateral and shall be held in trust by Borrower or Manager, as the case may be, it for the benefit, and as the property, of Lender. Borrower warrants Lender and covenants that it shall not rescind, withdraw be commingled with any other funds or change any notices or instructions required to be sent by it pursuant to this Section 3.2 without Lender’s prior written consentproperty of Borrower.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Deposits into Lockbox Account. (a) Borrower represents, warrants and covenants that (i) Borrower shall, or shall cause Manager to, deposit all Gross Income from Operations, all forfeited Security Deposits Operations and all any other revenue of any kind from each Individual Property received sums generated by Borrower or Manager the Properties into the Lockbox Property Account no later than within one (1) Business Day after of receipt; provided, however(ii) Borrower shall instruct the Manager to deposit all Gross Income from Operations and other sums generated by the Properties collected by Manager, that all Lease Termination Payments and forfeited Security Deposits shall be deposited directly in if any, pursuant to the Rollover Reserve Account; Management Agreement into the Property Account within one (ii1) Business Day of receipt, (iii) Borrower shall send a notice, substantially in the form of Exhibit AB, to all Tenants tenants now or hereafter occupying space at each Individual Property directing them to pay all Rents (including all Lease Termination Payments) and all other sums due under the Lease to which they are a party into the Property Account, (iv) Borrower or Manager shall instruct the Franchisor to deposit any Accounts Receivable for the Properties collected for the benefit of Borrower and any other sums collected by Franchisor for the benefit of Borrower pursuant to the Franchise Agreement into the Property Account, (v) Borrower shall deposit, or shall cause the Counterparty to deposit, all Accounts Receivable for the Property into the Property Account within one (1) Business Day of receipt, (vi) Borrower shall send a notice, substantially in the form of Exhibit D, to all consumer credit/ charge card organizations or entities which sponsor or administer such cards (including the American Express Card, the Visa Card and the Mastercard) as are accepted for payment at the Property, directing them to pay all sums due to Borrower (or to Manager, as the case may be), directly to the Property Account, (vii) Borrower shall deposit or shall cause Counterparty to deposit all sums payable to Lender under the Interest Rate Cap Agreement directly into the Lockbox Account; (iiiviii) other than the Accounts and Borrower’s account referred to in Section 3.7(a)(i) hereof, there shall be no other accounts maintained by Borrower or any other Person into which revenues from the ownership and operation of the Properties are directly deposited; , and (ivix) neither Borrower nor any other Person shall open any other such account with respect to the direct deposit of income in connection with the Properties other than Borrower’s account referred to in Section 3.7(a)(i) hereofProperties. Until deposited into the Lockbox Property Account, any Gross Income from Operations, forfeited Security Deposits and other revenue of any kind Operations from the Properties received held by Borrower or Manager shall be deemed to be Collateral and shall be held in trust by Borrower or Manager, as the case may be, it for the benefit, and as the property, of Lender. Borrower warrants Lender and covenants that it shall not rescind, withdraw be commingled with any other funds or change any notices or instructions required to be sent by it pursuant to this Section 3.2 without Lender’s prior written consentproperty of Borrower.

Appears in 1 contract

Samples: Management Agreement (Wyndham International Inc)

Deposits into Lockbox Account. Borrower represents, warrants and covenants that (i) Borrower shall, or shall cause Manager to, immediately deposit all Gross Income from Operations, all forfeited Security Deposits and all other revenue of any kind from each Individual the Property received by Borrower or Manager into the Lockbox Account no later than one (1) Business Day after receipt; provided, however, that all Lease Termination Payments and forfeited Security Deposits shall be deposited directly in to into the Rollover Reserve Account; (ii) Borrower shall send a notice, substantially in the form of Exhibit A, to all Tenants tenants now or hereafter occupying space at each Individual the Property directing them to pay all Rents (including including, without limitation, all Lease Termination Payments) and all other sums due under the Lease to which they are a party directly into the Lockbox Account; (iii) other than the Accounts and BorrowerXxxxxxxx’s account referred to in Section 3.7(a)(i) hereofOperating Account, there shall be no other accounts maintained by Borrower or any other Person into which revenues from the ownership and operation of the Properties Property are deposited; and (iv) neither Borrower nor any other Person shall open any other such account with respect to the deposit of income in connection with the Properties Property other than Borrower’s account referred to in Section 3.7(a)(i) hereofOperating Account. Until deposited into the Lockbox Account, any Gross Income from Operations, forfeited Security Deposits and other revenue of any kind from the Properties Property received by Borrower or Manager shall be deemed to be Collateral and shall be held in trust by Borrower or Manager, as the case may be, it for the benefit, and as the property, of LenderLender and shall not be commingled with any other funds or Property of Borrower or Manager. Borrower warrants and covenants that it shall not rescind, withdraw or change any notices or instructions required to be sent by it pursuant to this Section 3.2 without Lender’s prior written consent.. Section 3.3

Appears in 1 contract

Samples: Loan Agreement (CaliberCos Inc.)

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Deposits into Lockbox Account. (a) Borrower represents, warrants and covenants that (i) Borrower shall, or shall cause Manager to, immediately deposit all Gross Income from Operations, all forfeited Security Deposits and all other revenue of any kind from each Individual Property received by Borrower or Manager Operations into the Lockbox applicable Property Account no later than one (1) Business Day after receipt; providedor Concentration Account, however, that all Lease Termination Payments and forfeited Security Deposits shall be deposited directly in to the Rollover Reserve Account; (ii) Borrower shall send a notice, substantially in the form of Exhibit AB, to all Tenants tenants under any Major Lease (other than the Operating Lease) only now or hereafter occupying space at each Individual Property directing them to pay all Rents (including all Lease Termination Payments) and all other sums due under the such Major Lease to which they are a party into the applicable Property Account or Concentration Account, (iii) Borrower or Manager shall instruct the Franchisor to deposit all Accounts Receivable for the Properties and any Gross Income from Operations collected by Franchisor pursuant to the Franchise Agreement into the applicable Property Account or the Concentration Account, (iv) Borrower or Manager shall deliver a notice substantially in the form of Exhibit D hereto to all credit card companies to pay all Accounts Receivable directly into the applicable Property Account or the Concentration Account, (v) during any Lockbox Period, Borrower shall deposit, or shall cause the Counterparty to deposit, all sums paid under the Interest Rate Cap Agreement directly into the Lockbox Account; (iiivi) other than the Accounts and Borrower’s account referred to in Section 3.7(a)(i) hereofAccounts, there shall be no other accounts (other than property level pxxxx cash or similar type accounts) maintained by Borrower or any other Person into which revenues from the ownership and operation of the Properties are deposited; and , (ivvii) neither Borrower nor any other Person shall open any other such account with respect to the deposit of income in connection with the Properties other than BorrowerProperties, (viii) no funds shall be transferred to any Manager’s account referred Account pursuant to Section 3.2(b) hereof unless and until the Property Account Bank is advised of the proper Monthly Pegged Amount and (ix) during any Lockbox Period, three (3) Business Days before each Payment Date, Borrower shall cause Manager to deposit, or cause to be deposited, all remaining funds on deposit in Section 3.7(a)(i) hereof. Until deposited the Manager Account into the Lockbox Account, any Gross Income from Operations, forfeited Security Deposits and other revenue of any kind from the Properties received by Borrower or Manager shall be deemed to be Collateral and shall be held in trust by Borrower or Manager, as the case may be, for the benefit, and as the property, of Lender. Borrower warrants and covenants that it shall not rescind, withdraw or change any notices or instructions required to be sent by it pursuant to this Section 3.2 without Lender’s prior written consent.Concentration

Appears in 1 contract

Samples: Loan Agreement (FelCor Lodging Trust Inc)

Deposits into Lockbox Account. Borrower represents, warrants and covenants that (ia) if a new Lockbox Account is established, Borrower shallshall send a notice, substantially in the form of Exhibit C, to all tenants now or shall cause Manager to, deposit hereafter occupying space at the Property directing them to pay all Gross Income from Operations, all forfeited Security Deposits Rent and all other revenue of any kind from each Individual Property received by Borrower or Manager sums due under the lease to which they are a party into the Lockbox Account no later than one (1"TENANT INSTRUCTIONS"), (b) Business Day after receipt; providedBorrower shall send Tenant Instructions to any new tenants hereafter occupying the Property, however, that all Lease Termination Payments and forfeited Security Deposits shall be deposited directly in to the Rollover Reserve Account; (iic) Borrower shall send a notice, substantially in the form of Exhibit AD attached hereto, to all Tenants Central Parking Corporation or such other agent now or hereafter occupying space at each Individual managing the parking garage facility located on the Property ("GARAGE MANAGER"), directing them the Garage Manager to pay send to the Lockbox Account all funds to be remitted to Borrower or the Manager ("GARAGE MANAGER INSTRUCTION"), (d) Borrower will immediately deposit all Rents and revenues it shall hereafter receive from the Property, if any, into the Lockbox Account, (including e) Borrower shall instruct the Manager to immediately deposit all Lease Termination Payments) Rents and all other sums due under hereafter collected by Manager, if any, pursuant to the Lease to which they are a party directly Management Agreement into the Lockbox Account; , (iiif) other than the Accounts and Borrower’s account referred to in Section 3.7(a)(i) hereof, there shall be no other accounts maintained by Borrower or any other Person into which revenues from the ownership and operation of the Properties Property are directly deposited; and , (ivother than after they are disbursed to Borrower pursuant to Section 3.2 hereof) (g) so long as the Note shall be outstanding, neither Borrower nor any other Person shall open any other such account with respect to the direct deposit of income in connection with the Properties other than Borrower’s Property, and (h) concurrently herewith, Lender and Borrower shall deliver an executed Instruction Letter to the Agent. Borrower shall not change the bank, bank location or account referred to in Section 3.7(a)(i) hereof. Until deposited into number of the Lockbox Account, any Gross Income from Operations, forfeited Security Deposits and other revenue of any kind from the Properties received by Borrower or Manager shall be deemed to be Collateral and shall be held in trust by Borrower or Manager, as the case may be, for the benefit, and as the property, of Lender. Borrower warrants and covenants that it shall not rescind, withdraw or change any notices or instructions required to be sent by it pursuant to this Section 3.2 Account without Lender’s 's prior written consent.. In the event

Appears in 1 contract

Samples: Management Agreement (Alexanders Inc)

Deposits into Lockbox Account. (a) Borrower represents, warrants and covenants that (i) Borrower shall, or shall cause Manager or Operating Lessee to, immediately deposit all Gross Income from Operations, all forfeited Security Deposits and all other revenue of any kind from each Individual Property received by Borrower or Manager From Operations into the Lockbox applicable Property Account no later than one (1) Business Day after receipt; providedor Concentration Account, however, that all Lease Termination Payments and forfeited Security Deposits shall be deposited directly in to the Rollover Reserve Account; (ii) Borrower or Operating Lessee shall send a notice, substantially in the form of Exhibit AEXHIBIT Q, to all Tenants tenants now or hereafter occupying space at each Individual Property directing them to pay all Rents (including all Lease Termination Payments) and all other sums due under the Lease to which they are a party into the applicable Property Account or Concentration Account, (iii) Borrower, Operating Lessee or Manager shall instruct the Manager to deposit all Accounts Receivable for the Properties and all other sums collected by Manager pursuant to the Management Agreement into the applicable Property Account or the Concentration Account, (iv) Borrower, Operating Lessee or Manager shall deliver a notice substantially in the form of EXHIBIT R hereto to all credit card companies to pay all Accounts Receivable directly into the Lockbox applicable Property Account or the Concentration Account; , (iiiv) other than the Accounts and Borrower’s account referred to in Section 3.7(a)(i) hereofAccounts, there shall be no other accounts maintained by Borrower Borrower, Operating Lessee or any other Person into which revenues from the ownership and operation of the Properties are deposited; and , (ivvi) neither Borrower nor any other Person shall open any other such account with respect to the deposit of income in connection with the Properties other than Borrower’s account referred Properties, (vii) on or before May 1st of each Fiscal Year, Borrower shall provide to Lender evidence reasonably satisfactory to Lender that Borrower has notified the Eligible Institution(s) maintaining the Concentration Account(s) of the revised calculation of the Monthly Pegged Amount and (viii) three (3) Business Days before each Payment Date, Borrower and/or Operating Lessee shall cause Manager to deposit, or cause to be deposited, all remaining funds on deposit in Section 3.7(a)(i) hereofthe Manager Account into the Concentration Account. Until deposited into the Lockbox applicable Property Account, any Gross Income from Operations, forfeited Security Deposits and other revenue of any kind Operations from the Properties received held by Borrower or Manager Operating Lessee shall be deemed to be Collateral and shall be held in trust by Borrower or Manager, as the case may be, it for the benefit, and as the property, of Lender. Borrower warrants Lender and covenants that it shall not rescind, withdraw be commingled with any other funds or change any notices property of Borrower or instructions required to be sent by it pursuant to this Section 3.2 without Lender’s prior written consentOperating Lessee.

Appears in 1 contract

Samples: Agreement (Felcor Lodging Trust Inc)

Deposits into Lockbox Account. (a) Borrower represents, warrants and covenants that (i) Borrower shall, or shall cause Manager or Operating Lessee to, immediately deposit all Gross Income from Operations, all forfeited Security Deposits and all other revenue of any kind from each Individual Property received by Borrower or Manager Operations into the Lockbox applicable Property Account no later than one (1) Business Day after receipt; providedor Concentration Account, however, that all Lease Termination Payments and forfeited Security Deposits shall be deposited directly in to the Rollover Reserve Account; (ii) Borrower or Operating Lessee shall send a notice, substantially in the form of Exhibit AB, to all Tenants tenants now or hereafter occupying space at each Individual Property directing them to pay all Rents (including all Lease Termination Payments) and all other sums due under the Lease to which they are a party into the applicable Property Account or Concentration Account, (iii) Borrower or Operating Lessee shall instruct Manager to deposit all Accounts Receivable for the Properties and all other sums collected by Manager pursuant to the Management Agreement into the applicable Property Account or the Concentration Account, (iv) Borrower, Operating Lessee or Manager shall deliver a notice substantially in the form of Exhibit D hereto to all credit card companies to pay all Accounts Receivable directly into the applicable Property Account or the Concentration Account, (v) Borrower shall deposit, or shall cause the Counterparty to deposit, all sums paid under the Interest Rate Cap Agreement directly into the Concentration Account or the Lockbox Account; (iiivi) other than the Accounts and Borrower’s account referred to in Section 3.7(a)(i) hereofAccounts, there shall be no other accounts maintained by Borrower Borrower, Operating Lessee or any other Person into which revenues from the ownership and operation of the Properties are deposited; and , (ivvii) neither Borrower nor any other Person shall open any other such account with respect to the deposit of income in connection with the Properties other than Borrower’s account referred Properties, (viii) on or before May 1st of each Fiscal Year, Borrower shall provide to Lender evidence reasonably satisfactory to Lender that Borrower has notified the Eligible Institution(s) maintaining the Concentration Account(s) of the revised calculation of the Monthly Pegged Amount and (ix) three (3) Business Days before each Payment Date, Borrower and/or Operating Lessee shall cause Manager to deposit, or cause to be deposited, all remaining funds on deposit in Section 3.7(a)(i) hereofthe Manager Account into the Concentration Account. Until deposited into the Lockbox applicable Property Account, any Gross Income from Operations, forfeited Security Deposits and other revenue of any kind Operations from the Properties received held by Borrower Borrower, Operating Lessee or Manager shall be deemed to be Collateral and shall be held in trust by Borrower or Manager, as the case may be, it for the benefit, and as the property, of Lender. Borrower warrants Lender and covenants that it shall not rescindbe commingled with any other funds or property of Borrower, withdraw Operating Lessee or change any notices or instructions required to be sent by it pursuant to this Section 3.2 without Lender’s prior written consentManager.

Appears in 1 contract

Samples: Loan Agreement (Felcor Lodging Trust Inc)

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