Deposits of Tax Funds. Borrower shall deposit with Lender on the Monthly Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates (such amounts so deposited shall hereinafter be referred to as the "TAX FUNDS"). If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower shall increase its monthly payments to Lender by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit such amount within two (2) Business Day after its receipt of such notice.
Appears in 9 contracts
Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)
Deposits of Tax Funds. Borrower shall deposit with Lender on the Monthly each Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Property Taxes that Lender estimates will be payable during the next ensuing twelve (12) months months, in order to accumulate with Lender sufficient funds to pay all such Property Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into a Subaccount established at the Cash Management Account Bank to hold such funds (such amounts so the “Tax Subaccount”). Amounts deposited shall hereinafter be from time to time into the Tax Subaccount pursuant to this Section 6.1.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Property Taxes, Lender shall notify Borrower of such determination and Borrower and, commencing with the first Payment Date following Borrower’s receipt of such written notice, the monthly deposits for Property Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Property Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Property Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 6 contracts
Samples: Loan Agreement (Starwood Waypoint Homes), Loan Agreement (Colony Starwood Homes), Loan Agreement (Colony Starwood Homes)
Deposits of Tax Funds. Borrower shall deposit with Lender on the Monthly each Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth (1/12th) of the Property Taxes that Lender estimates will be payable during the next ensuing twelve (12) months months, in order to accumulate with Lender sufficient funds to pay all such Property Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into a Subaccount established at the Cash Management Account Bank to hold such funds (such amounts so the “Tax Subaccount”). Amounts deposited shall hereinafter be from time to time into the Tax Subaccount pursuant to this Section 6.1.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Property Taxes, Lender shall notify Borrower of such determination and Borrower and, commencing with the first Payment Date following Borrower’s receipt of such written notice, the monthly deposits for Property Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Property Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Property Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 5 contracts
Samples: Loan Agreement (AG Mortgage Investment Trust, Inc.), Loan Agreement (Altisource Residential Corp), Loan Agreement (Altisource Residential Corp)
Deposits of Tax Funds. Borrower shall deposit with Lender (i) on the Closing Date, an amount equal to $2,141,133.92 and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Property Taxes that Lender estimates will be payable during the next ensuing twelve (12) months (initially, $713,711.31), in order to accumulate with Lender sufficient funds to pay all such Property Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into an Account (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.
2.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Property Taxes, Lender shall notify Borrower of such determination and Borrower and, commencing with the first Monthly Payment Date following Borrower’s receipt of such written notice, the monthly deposits for Property Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Property Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Property Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two one (21) Business Day after its receipt of such notice.
Appears in 3 contracts
Samples: Loan Agreement, Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.)
Deposits of Tax Funds. Borrower shall deposit with Lender (i) on the Closing Date, an amount equal to $151,018.85 and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Real Estate Taxes (including, without limitation, PILOT Payments) that Lender estimates will be payable during the next ensuing twelve (12) months (initially, $21,574.13), in order to accumulate with Lender sufficient funds to pay all such Real Estate Taxes at least ten thirty (1030) days prior to their respective due dates dates, which amounts shall be transferred into an Account (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.3.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Real Estate Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Real Estate Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Real Estate Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Real Estate Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two one (21) Business Day after its receipt of such notice.
Appears in 2 contracts
Samples: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD)
Deposits of Tax Funds. Borrower Borrowers shall deposit with Lender (i) the amount of Four Hundred Thirty-Eight Thousand Two Hundred Sixty-Five and 97/100 Dollars ($438,265.97) on the Closing Date, and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth (1/12th) of the Taxes for all of the Properties that Lender estimates will be payable during the next ensuing twelve (12) months months, in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into an Account established at the Deposit Bank to hold such funds (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.3.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the TaxesTaxes with respect to all of the Properties, Lender shall notify Borrower Borrowers of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives Borrowers receive notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are duedue with respect to any Property, Borrower Borrowers will deposit with Lender such amount within two one (21) Business Day after its receipt of such notice.
Appears in 2 contracts
Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
Deposits of Tax Funds. On the Closing Date, Borrower shall deposit with Lender the amount of One Million Four Hundred Ninety-Six Thousand Four Hundred Thirty and No/100 Dollars ($1,496,430.00) and, there shall be deposited to the Tax Account established under the Cash Management Agreement on the each Monthly Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten thirty (1030) days prior to their respective due dates (such amounts so dates. Amounts deposited shall hereinafter be pursuant to this Section 6.2.1 are referred to herein as the "TAX FUNDS"). “Tax Funds.” If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit such amount within two one (21) Business Day after its receipt of such notice. Lender shall cause the Tax Funds to be deposited with Agent for credit to the “Tax Account” established under the Cash Management Agreement within five (5) Business Days following the Closing Date.
Appears in 2 contracts
Samples: Loan Agreement (MPG Office Trust, Inc.), Loan Agreement (Maguire Properties Inc)
Deposits of Tax Funds. Borrower Borrowers shall deposit with Lender (i) the amount of Seven Hundred Fifty Thousand Six Hundred Sixteen and 39/100 Dollars ($750,616.39) on the Closing Date, and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth (1/12th) of the Taxes for all of the Properties that Lender estimates will be payable during the next ensuing twelve (12) months months, in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into an Account established at the Deposit Bank to hold such funds (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.3.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the TaxesTaxes with respect to all of the Properties, Lender shall notify Borrower Borrowers of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives Borrowers receive notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are duedue with respect to any Property, Borrower Borrowers will deposit with Lender such amount within two one (21) Business Day after its receipt of such notice.
Appears in 2 contracts
Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)
Deposits of Tax Funds. Borrower shall deposit with Lender (i) an amount reasonably determined by Lender on the Closing Date, and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months months, in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten thirty (1030) days prior to their respective due dates dates, which amounts shall be transferred into an Account established by or on behalf of Lender to hold such funds (such amounts so the "Tax Account"). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.3.1 are referred to herein as the "TAX FUNDSTax Funds"). If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency by the date that is at least ten thirty (1030) days prior to the respective due dates for the Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten thirty (1030) days prior to the date that Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two three (23) Business Day after its receipt of such notice.
Appears in 2 contracts
Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)
Deposits of Tax Funds. Borrower shall deposit with Lender (i) on the Closing Date, an amount equal to $3,721,254.12 and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Property Taxes that Lender estimates will be payable during the next ensuing twelve (12) months (initially, $930,313.53), in order to accumulate with Lender sufficient funds to pay all such Property Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into an Account (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.
2.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Property Taxes, Lender shall notify Borrower of such determination and Borrower and, commencing with the first Monthly Payment Date following Borrower’s receipt of such written notice, the monthly deposits for Property Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Property Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Property Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two one (21) Business Day after its receipt of such notice.
Appears in 2 contracts
Samples: Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.)
Deposits of Tax Funds. Borrower Upon the occurrence of a Trigger Event and during the continuance of a Trigger Period there shall deposit with Lender be deposited on the each Monthly Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender in good faith estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes with respect to the tax parcels which comprise the Property at least ten (10) days prior to their respective due dates (such amounts so dates. Amounts deposited shall hereinafter be pursuant to this Section 6.2.1 are referred to herein as the "TAX FUNDSTax Funds"). If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit such amount within two one (21) Business Day after its receipt of such notice.
Appears in 2 contracts
Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Glimcher Realty Trust)
Deposits of Tax Funds. Borrower shall deposit with Lender (i) on the Closing Date, an amount equal to $4,946,795.74 and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Property Taxes that Lender estimates will be payable during the next ensuing twelve (12) months (initially, $989,359.15), in order to accumulate with Lender sufficient funds to pay all such Property Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into an Account (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.
2.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Property Taxes, Lender shall notify Borrower of such determination and Borrower and, commencing with the first Monthly Payment Date following Borrower’s receipt of such written notice, the monthly deposits for Property Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Property Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Property Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two one (21) Business Day after its receipt of such notice.
Appears in 2 contracts
Samples: Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.)
Deposits of Tax Funds. Borrower shall deposit with Lender (i) on the Closing Date, an amount equal to $2,621,998 and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Property Taxes that Lender estimates will be payable during the next ensuing twelve (12) months (initially, $873,999), in order to accumulate with Lender sufficient funds to pay all such Property Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into an Account (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.
2.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Property Taxes, Lender shall notify Borrower of such determination and Borrower and, commencing with the first Monthly Payment Date following Borrower’s receipt of such written notice, the monthly deposits for Property Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Property Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Property Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two one (21) Business Day after its receipt of such notice.
Appears in 2 contracts
Samples: Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.)
Deposits of Tax Funds. Borrower shall deposit with Lender an amount which, together with Monthly Tax Deposits (as defined below), will be sufficient to pay Lender's reasonable estimate of Taxes at least ten (10) days prior to the next due date (the "Initial Tax Deposit") on a date which is no later than the Securitization Date. Thereafter, Borrower shall deposit with Lender on the Monthly Payment Date an amount (the "MONTHLY TAX DEPOSITMonthly Tax Deposit") equal to one-twelfth of the Taxes that Lender reasonably estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates (the Initial Tax Deposit, together with such amounts so deposited additional Monthly Tax Deposits, shall hereinafter be referred to as the "TAX FUNDSTax Funds"). If at any time after the Securitization Date Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower shall increase its monthly payments to Lender by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. Borrower shall deposit with Lender (i) on the Monthly Payment Date Closing Date, an amount equal to $5,662,871 and (the "MONTHLY TAX DEPOSIT"ii) on each Payment Date, an amount equal to one-twelfth of the Property Taxes that Lender estimates will be payable during the next ensuing twelve (12) months (initially, $776,120 per month), in order to accumulate with Lender sufficient funds to pay all such Property Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into a Subaccount established at the Cash Management Account Bank to hold such funds (such amounts so the “Tax Subaccount”). Amounts deposited shall hereinafter be from time to time into the Tax Subaccount pursuant to this Section 6.1.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Property Taxes, Lender shall notify Borrower of such determination and Borrower and, commencing with the first Payment Date following Borrower’s receipt of such written notice, the monthly deposits for Property Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Property Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Property Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Samples: Loan Agreement (Starwood Waypoint Residential Trust)
Deposits of Tax Funds. Borrower Borrowers shall deposit with or on behalf of Lender (i) the amount of $1,548,702.68 on the Closing Date, and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months months, in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into an Account established at Deposit Bank to hold such funds (such amounts so the "Tax Account"). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.
3.1 are referred to herein as the "TAX FUNDSTax Funds"). If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower Borrowers of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that that, if Borrower receives Borrowers receive notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower Borrowers will deposit with or on behalf of Lender such amount within two one (21) Business Day after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. Borrower shall deposit with Lender (i) on the Monthly Payment Date Closing Date, an amount equal to $1,888,519 and (the "MONTHLY TAX DEPOSIT"ii) on each Payment Date, an amount equal to one-twelfth of the Property Taxes that Lender estimates will be payable during the next ensuing twelve (12) months (initially, $626,786), in order to accumulate with Lender sufficient funds to pay all such Property Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into a Subaccount established at the Cash Management Account Bank to hold such funds (such amounts so the “Tax Subaccount”). Amounts deposited shall hereinafter be from time to time into the Tax Subaccount pursuant to this Section 6.1.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Property Taxes, Lender shall notify Borrower of such determination and Borrower and, commencing with the first Payment Date following Borrower’s receipt of such written notice, the monthly deposits for Property Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Property Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Property Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. Borrower shall deposit or cause to be deposited with or on behalf of Lender (a) on the Closing Date, the amount of Three Hundred Forty Two Thousand One Hundred Twenty-Two and 83/100 Dollars ($342,122.83) and (b) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred by or at the direction of Lender into an Account established to hold such funds (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.3.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time time, Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower in writing of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives written notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit with or on behalf of Lender, such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.)
Deposits of Tax Funds. On the Closing Date, Borrower shall deposit with Lender Agent the amount of Four Million Seventy Two Thousand Eight Hundred Fifty Eight and 92/100 Dollars ($4,072,858.92) and, pursuant to the Cash Management Agreement, there shall be deposited on the each Monthly Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender Borrower estimates it will be payable required to pay, as reflected in the Annual Budget of Borrower pertaining to the applicable Fiscal Year, during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates (the date such amounts so Taxes are past due. Amounts deposited shall hereinafter be pursuant to this Section 6.2.1 are referred to herein as the "TAX FUNDSTax Funds"). If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit such amount within two three (23) Business Day Days after its receipt of such notice.
Appears in 1 contract
Samples: Loan Agreement (Kindercare Learning Centers Inc /De)
Deposits of Tax Funds. Borrower shall deposit or cause to be deposited with or on behalf of Lender (a) on the Closing Date, the amount of $240,189.67 and (b) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred by or at the direction of Lender into an Account established to hold such funds (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.3.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time time, Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the TaxesTaxes become delinquent; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit with or on behalf of Lender, such amount within two one (21) Business Day after its receipt of such notice.
Appears in 1 contract
Samples: Loan Agreement (Sun Communities Inc)
Deposits of Tax Funds. Borrower shall deposit with Lender (i) on the Closing Date, an amount equal to $5,022,502.64 and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender reasonably estimates will be payable during the next ensuing twelve (12) months (initially, $1,856,340.00 ) with respect to the Property, in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten thirty (1030) days prior to their respective due dates dates, which amounts shall be transferred into an Account (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.3.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the TaxesTaxes with respect to the Property, Lender shall notify Borrower of such determination determination, accompanied by reasonable evidence thereof, and Borrower the monthly deposits for such Taxes shall increase its monthly payments to Lender be increased by the amount that Lender reasonably estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the such Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Samples: Loan Agreement (New York REIT, Inc.)
Deposits of Tax Funds. On the Closing Date, Borrower shall deposit with Lender an amount equal to One Million Nine Hundred Five Thousand Eight Hundred Sixty-Eight and 36/100 Dollars ($1,905,868.40) and, on the each Monthly Payment Date Date, Borrower shall deposit with Lender an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth (1/12) of the Taxes (the “Monthly Tax Deposit”) that Lender reasonably estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten thirty (1030) days prior to their respective due dates (dates. Amounts deposited pursuant to this Section 6.2.1 are referred to herein as the “Tax Funds” and the account in which such amounts so deposited are held by Lender shall hereinafter be referred to as the "TAX FUNDS"). “Tax Account.” If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the TaxesTaxes at least thirty (30) days prior to the respective due dates, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten thirty (1030) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any such deficiency after the date that is ten thirty (1030) days prior to the date that Taxes are due, Borrower will deposit such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. Borrower shall deposit with Lender (i) on the Closing Date, an amount equal to $0 and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Property Taxes that Lender estimates will be payable during the next ensuing twelve (12) months (initially, $6,438,253 for the first twelve (12) months in the aggregate, one- twelfth of which is equal to $536,521.08), in order to accumulate with Lender sufficient funds to pay all such Property Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into an Account (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.
2.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Property Taxes, Lender shall notify Borrower of such determination and Borrower and, commencing with the first Monthly Payment Date following Borrower’s receipt of such written notice, the required monthly deposits for Property Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Property Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Property Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two three (23) Business Day Days after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. On the Closing Date, Borrower shall deposit with Lender an amount equal to Two Million Five Hundred Eight Thousand Two Hundred Sixty-Eight and 48/100 Dollars ($2,508,268.48) and, on the each Monthly Payment Date Date, Borrower shall deposit with Lender an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth (1/12) of the Taxes (the “Monthly Tax Deposit”) that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten thirty (1030) days prior to their respective due dates (dates. Amounts deposited pursuant to this Section 6.2.1 are referred to herein as the “Tax Funds” and the account in which such amounts so deposited are held by Lender shall hereinafter be referred to as the "TAX FUNDS"). “Tax Account.” If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the TaxesTaxes at least thirty (30) days prior to the respective due dates, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten thirty (1030) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice from Lender of any such deficiency after the date that is ten thirty (1030) days prior to the date that Taxes are due, Borrower will deposit such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. On the Closing Date, Borrower shall deposit with Lender an amount equal to One Hundred Ten Thousand Eight Hundred Sixteen and 14/100 Dollars ($110,816.14) and, on the each Monthly Payment Date Date, Borrower shall deposit with Lender an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth (1/12) of the Taxes (the “Monthly Tax Deposit”) that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten thirty (1030) days prior to their respective due dates (dates. Amounts deposited pursuant to this Section 6.2.1 are referred to herein as the “Tax Funds” and the account in which such amounts so deposited are held by Lender shall hereinafter be referred to as the "TAX FUNDS"). “Tax Account.” If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the TaxesTaxes at least thirty (30) days prior to the respective due dates, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten thirty (1030) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any such deficiency after the date that is ten thirty (1030) days prior to the date that Taxes are due, Borrower will deposit such amount within two three (23) Business Day Days after its receipt of such notice.
Appears in 1 contract
Samples: Loan Agreement (American Realty Capital - Retail Centers of America, Inc.)
Deposits of Tax Funds. Borrower shall deposit with Lender (i) on the Monthly Payment Date Closing Date, an amount equal to $3,516,526 and (the "MONTHLY TAX DEPOSIT"ii) on each Payment Date, an amount equal to one-twelfth of the Property Taxes that Lender estimates will be payable during the next ensuing twelve (12) months (initially, $686,285), in order to accumulate with Lender sufficient funds to pay all such Property Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into a Subaccount established at the Cash Management Account Bank to hold such funds (such amounts so the “Tax Subaccount”). Amounts deposited shall hereinafter be from time to time into the Tax Subaccount pursuant to this Section 6.1.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Property Taxes, Lender shall notify Borrower of such determination and Borrower and, commencing with the first Payment Date following Borrower’s receipt of such written notice, the monthly deposits for Property Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Property Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Property Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. On the Closing Date, Borrower shall deposit with Lender an amount equal to Ninety Thousand Seven Hundred-Eleven and 30/100 Dollars ($90,711.30) and, on the each Monthly Payment Date Date, Borrower shall deposit with Lender an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth (1/12) of the Taxes (the “Monthly Tax Deposit”) that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten thirty (1030) days prior to their respective due dates (dates. Amounts deposited pursuant to this Section 6.2.1 are referred to herein as the “Tax Funds” and the account in which such amounts so deposited are held by Lender shall hereinafter be referred to as the "TAX FUNDS"). “Tax Account.” If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the TaxesTaxes at least thirty (30) days prior to the respective due dates, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten thirty (1030) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any such deficiency after the date that is ten thirty (1030) days prior to the date that Taxes are due, Borrower will deposit such amount within two one (21) Business Day after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. Borrower shall deposit or cause to be deposited with or on behalf of Lender (a) on the Closing Date, the amount of Eight Hundred Ninety Thousand Two Hundred Fifteen and 26/100 Dollars ($890,215.26) and (b) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred by or at the direction of Lender into an Account established to hold such funds (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.3.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time time, Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower in writing of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives written notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit with or on behalf of Lender, such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
Deposits of Tax Funds. Borrower shall deposit with Lender Agent (i) the amount of $319,888.83 and No/100 Dollars on the Closing Date and (ii) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be March 31, 2003 transferred by Agent into an Account (such amounts so the "Tax Account"). Amounts deposited shall hereinafter be into the Tax Account pursuant to this Section 6.3.1 are referred to herein as the "TAX FUNDSTax Funds"). The current parcel numbers for the Property are identified on Schedule VIII. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit such amount within two one (21) Business Day after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. On the Closing Date, Borrower shall make an initial deposit with Lender to be held by Lender in escrow and there shall be deposited on the each Monthly Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates (such amounts so dates. Amounts deposited shall hereinafter be pursuant to this Section 6.2.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit such amount within two one (21) Business Day after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. Borrower During the continuance of a Trigger Period only, pursuant to the Cash Management Agreement there shall deposit with Lender be deposited on the each Monthly Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates (such amounts so dates. Amounts deposited shall hereinafter be pursuant to this Section 6.2.1 are referred to herein as the "TAX FUNDS"). “Tax Funds.” If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower Borrowers of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if any Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, such Borrower will deposit such amount within two three (23) Business Day Days after its receipt of such notice.
Appears in 1 contract
Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)
Deposits of Tax Funds. On the Closing Date, Borrower shall deposit with Lender Agent the amount of Three Hundred Seventy Thousand Eight Hundred Fifty-Two and No/100 Dollars ($370,852) and, pursuant to the Cash Management Agreement, there shall be deposited on the each Monthly Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates (such amounts so dates. Amounts deposited shall hereinafter be pursuant to this Section 6.2.1 are referred to herein as the "TAX FUNDS"). If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit such amount within two one (21) Business Day after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. Borrower shall deposit with Lender (i) on the Monthly Payment Date Closing Date, an amount equal to $3,588,929 and (the "MONTHLY TAX DEPOSIT"ii) on each Payment Date, an amount equal to one-twelfth of the Property Taxes that Lender estimates will be payable during the next ensuing twelve (12) months (initially, $463,364), in order to accumulate with Lender sufficient funds to pay all such Property Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred into a Subaccount established at the Cash Management Account Bank to hold such funds (such amounts so the “Tax Subaccount”). Amounts deposited shall hereinafter be from time to time into the Tax Subaccount pursuant to this Section 6.1.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Property Taxes, Lender shall notify Borrower of such determination and Borrower and, commencing with the first Payment Date following Borrower’s receipt of such written notice, the monthly deposits for Property Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Property Taxes; provided provided, that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Property Taxes are due, Borrower will deposit with or on behalf of Lender such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. On the Closing Date, Borrower shall deposit with Lender the amount of Twenty Nine Thousand Eight Hundred Forty Five and 90/100 Dollars ($29,845.90) and there shall be deposited to the appropriate Accounts on the each Monthly Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates (such amounts so dates. Amounts deposited shall hereinafter be pursuant to this Section 6.2.1 are referred to herein as the "TAX FUNDS"). ." If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due delinquent dates for the Taxes; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Deposits of Tax Funds. On the Closing Date, Borrower shall deposit with Lender the amount of $202,017.49, and there shall be deposited on the each Monthly Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates (such amounts so dates. Amounts deposited shall hereinafter be pursuant to this Section 6.2. l are referred to herein as the "TAX FUNDS"). Tax Funds." If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit such amount within two one (21) Business Day after its receipt of such notice.
Appears in 1 contract
Samples: Loan Agreement (Hartman Short Term Income Properties XX, Inc.)
Deposits of Tax Funds. Borrower shall deposit or cause to be deposited with or on behalf of Lender (a) on the Closing Date, the amount of Two Hundred Forty Nine Thousand Forty Five and 78/100 Dollars ($249,045.78) and (b) on each Monthly Payment Date Date, an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates dates, which amounts shall be transferred by or at the direction of Lender into an Account established to hold such funds (such amounts so the “Tax Account”). Amounts deposited shall hereinafter be from time to time into the Tax Account pursuant to this Section 6.3.1 are referred to herein as the "TAX FUNDS")“Tax Funds”. If at any time time, Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower in writing of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives written notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit with or on behalf of Lender, such amount within two (2) Business Day Days after its receipt of such notice.
Appears in 1 contract
Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
Deposits of Tax Funds. Borrower During the continuance of a Trigger Period only, pursuant to the Cash Management Agreement there shall deposit with Lender be deposited on the each Monthly Payment Date an amount (the "MONTHLY TAX DEPOSIT") equal to one-twelfth of the Taxes that Lender estimates will be payable during the next ensuing twelve (12) months in order to accumulate with Lender sufficient funds to pay all such Taxes at least ten (10) days prior to their respective due dates (such amounts so dates. Amounts deposited shall hereinafter be pursuant to this Section 6.2.1 are referred to herein as the "TAX FUNDS"). “Tax Funds.” If at any time Lender reasonably determines that the Tax Funds will not be sufficient to pay the Taxes, Lender shall notify Borrower of such determination and Borrower the monthly deposits for Taxes shall increase its monthly payments to Lender be increased by the amount that Lender estimates is sufficient to make up the deficiency at least ten (10) days prior to the respective due dates for the Taxes; provided that if Borrower receives notice of any deficiency after the date that is ten (10) days prior to the date that Taxes are due, Borrower will deposit such amount within two three (23) Business Day Days after its receipt of such notice.
Appears in 1 contract
Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)