Common use of Deposits to Rollover Reserve Fund Clause in Contracts

Deposits to Rollover Reserve Fund. Borrower shall pay to Lender on each Payment Date the sum of $23,750.00 (the "Rollover Reserve Monthly Deposit"), which amounts shall be deposited with and held by Lender for tenant improvement and leasing commission obligations incurred following the date hereof (collectively, "Leasing Expenses"); provided, however, Borrower shall not be required to make pay the Rollover Reserve Monthly Deposit to Lender during such times as the balance in the Rollover Reserve Account exceeds $855,000.00. In addition, Borrower shall pay to Lender for deposit in the Rollover Reserve Account all Lease Termination Payments; provided, however, no Lease Termination Payments contributed to the Rollover Reserve Account shall be counted towards any balance in the Rollover Reserve Account which serves to limit future contributions to the Rollover Reserve Account from the Rollover Reserve Deposit. Amounts so deposited shall hereinafter be referred to as the "Rollover Reserve Fund" and the account to which such amounts are held shall hereinafter be referred to as the "Rollover Reserve Account".

Deposits to Rollover Reserve Fund. From and after Completion of the Improvements, Borrower shall pay to Lender on each Payment Date the sum of $23,750.00 15,645.33 (the "Rollover Reserve Monthly Deposit"”), which amounts shall be deposited with and held by Lender for tenant improvement and leasing commission obligations incurred following the date hereof (collectively, "Leasing Expenses"); provided, however, Borrower shall not be required to make pay the Rollover Reserve Monthly Deposit to Lender during such times as the balance in the Rollover Reserve Account exceeds $855,000.00. In addition, Borrower shall pay to Lender for deposit in the Rollover Reserve Account all Lease Termination Payments; provided, however, no Lease Termination Payments contributed to the Rollover Reserve Account shall be counted towards any balance in the Rollover Reserve Account which serves to limit future contributions to the Rollover Reserve Account from the Rollover Reserve Deposithereof. Amounts so deposited shall hereinafter be referred to as the "“Rollover Reserve Fund" ” and the account to which such amounts are held shall hereinafter be referred to as the "“Rollover Reserve Account". Notwithstanding the foregoing, Borrower shall not be required to deposit any portion of the Rollover Reserve Monthly Deposit which would cause the amount then on deposit in the Rollover Reserve, as determined by Lender, to exceed $938,720.00 (the “Rollover Reserve Cap”). When the Rollover Reserve Funds on deposit in the Rollover Reserve Account equals or exceeds the Rollover Reserve Cap, Borrower may cease making Rollover Reserve 132 Monthly Deposits to the Rollover Reserve Fund. If at any time thereafter the amount of the Rollover Reserve funds on deposit in the Rollover Reserve Account is less than the Rollover Reserve Cap, then Borrower shall recommence and continue making Rollover Reserve Monthly Deposits to the Rollover Reserve Funds, until the amount of Rollover Reserve Funds on deposit in the Rollover Reserve Account equal or exceed the Rollover Reserve Cap.

Deposits to Rollover Reserve Fund. Borrower shall pay to Lender (a) on the Closing Date an initial deposit of $29,166 and (b) on each Payment Date thereafter $29,166 the sum of $23,750.00 (the "“Rollover Reserve Monthly Deposit"”), which amounts shall be deposited with and held by Lender for tenant improvement and leasing commission obligations incurred following the date hereof (collectively, "Leasing Expenses"); provided, however, Borrower shall not be required to make pay the Rollover Reserve Monthly Deposit to Lender during such times as the balance in the Rollover Reserve Account exceeds $855,000.00. In addition, Borrower shall pay to Lender for deposit in the Rollover Reserve Account all Lease Termination Payments; provided, however, no Lease Termination Payments contributed to the Rollover Reserve Account shall be counted towards any balance in the Rollover Reserve Account which serves to limit future contributions to the Rollover Reserve Account from the Rollover Reserve Deposithereof. Amounts so deposited shall hereinafter be referred to as the "“Rollover Reserve Fund" ” and the account to which such amounts are held shall hereinafter be referred to as the "“Rollover Reserve Account".” Notwithstanding the aforementioned, the aggregate amount of the Rollover Reserve Fund shall not exceed $1,049,976 in the aggregate (the “Rollover Reserve Cap”) on any Payment Date (after giving effect to the payment of the Rollover Reserve Monthly Deposit) and accordingly, to the extent a Rollover Reserve Monthly Deposit would result in the aggregate amount of Rollover Reserve Funds in the Rollover Reserve Account to exceed the Rollover Reserve Cap, such Rollover Reserve Monthly Deposit shall be decreased by an amount equal to such excess.

Deposits to Rollover Reserve Fund. Borrower shall pay to Lender on each Payment Date the sum of $23,750.00 23,413.25 (the "Rollover Reserve Monthly Deposit"), which amounts shall be deposited with and held by Lender for tenant improvement and leasing commission obligations incurred following the date hereof (collectively, "Leasing Expenses"); provided, however, Borrower shall not be required to make pay the Rollover Reserve Monthly Deposit to Lender during such times as the balance in the Rollover Reserve Account exceeds $855,000.00842,877.00. In addition, Borrower shall pay to Lender for deposit in the Rollover Reserve Account all Lease Termination Payments; provided, however, no Lease Termination Payments contributed to the Rollover Reserve Account shall be counted towards any balance in the Rollover Reserve Account which serves to limit future contributions to the Rollover Reserve Account from the Rollover Reserve Deposit. Amounts so deposited shall hereinafter be referred to as the "Rollover Reserve Fund" and the account to which such amounts are held shall hereinafter be referred to as the "Rollover Reserve Account". Notwithstanding anything to the contrary contained in this Section 7.4.1, Borrower shall only be required to make Rollover Reserve Monthly Deposits on Payment Dates occurring during Rollover Reserve Periods.

Deposits to Rollover Reserve Fund. Borrower shall pay to Lender (a) on the Closing Date an initial deposit and (b) on each Payment Date the sum of thereafter $23,750.00 10,500.00 (the "“Rollover Reserve Monthly Deposit"”), which amounts shall be deposited with and held by Lender for tenant improvement and leasing commission obligations incurred following the date hereof (collectively, "Leasing Expenses"); provided, however, Borrower shall not be required to make pay the Rollover Reserve Monthly Deposit to Lender during such times as the balance in the Rollover Reserve Account exceeds $855,000.00. In addition, Borrower shall pay to Lender for deposit in the Rollover Reserve Account all Lease Termination Payments; provided, however, no Lease Termination Payments contributed to the Rollover Reserve Account shall be counted towards any balance in the Rollover Reserve Account which serves to limit future contributions to the Rollover Reserve Account from the Rollover Reserve Deposithereof. Amounts so deposited shall hereinafter be referred to as the "“Rollover Reserve Fund" ” and the account to which such amounts are held shall hereinafter be referred to as the "“Rollover Reserve Account"”. Notwithstanding the aforementioned, the aggregate amount of the Rollover Reserve Fund shall not exceed $350,000.00 in the aggregate (the “Rollover Reserve Cap”) on any Payment Date (after giving effect to the payment of the Rollover Reserve Monthly Deposit) and accordingly, to the extent a Rollover Reserve Monthly Deposit would result in the aggregate amount of Rollover Reserve Funds in the Rollover Reserve Account to exceed the Rollover Reserve Cap, such Rollover Reserve Monthly Deposit shall be decreased by an amount equal to such excess.

Deposits to Rollover Reserve Fund. From and after Completion of the Improvements, Borrower shall pay to Lender on each Payment Date the sum of $23,750.00 15,645.33 (the "“Rollover Reserve Monthly Deposit"”), which amounts shall be deposited with and held by Lender for tenant improvement and leasing commission obligations incurred following the date hereof (collectively, "Leasing Expenses"); provided, however, Borrower shall not be required to make pay the Rollover Reserve Monthly Deposit to Lender during such times as the balance in the Rollover Reserve Account exceeds $855,000.00. In addition, Borrower shall pay to Lender for deposit in the Rollover Reserve Account all Lease Termination Payments; provided, however, no Lease Termination Payments contributed to the Rollover Reserve Account shall be counted towards any balance in the Rollover Reserve Account which serves to limit future contributions to the Rollover Reserve Account from the Rollover Reserve Deposithereof. Amounts so deposited shall hereinafter be referred to as the "“Rollover Reserve Fund" ” and the account to which such amounts are held shall hereinafter be referred to as the "“Rollover Reserve Account"”. Notwithstanding the foregoing, Borrower shall not be required to deposit any portion of the Rollover Reserve Monthly Deposit which would cause the amount then on deposit in the Rollover Reserve, as determined by Lender, to exceed $938,720.00 (the “Rollover Reserve Cap”). When the Rollover Reserve Funds on deposit in the Rollover Reserve Account equals or exceeds the Rollover Reserve Cap, Borrower may cease making Rollover Reserve Monthly Deposits to the Rollover Reserve Fund. If at any time thereafter the amount of the Rollover Reserve funds on deposit in the Rollover Reserve Account is less than the Rollover Reserve Cap, then Borrower shall recommence and continue making Rollover Reserve Monthly Deposits to the Rollover Reserve Funds, until the amount of Rollover Reserve Funds on deposit in the Rollover Reserve Account equal or exceed the Rollover Reserve Cap.

Deposits to Rollover Reserve Fund. Borrower shall pay to Lender (a) on the Closing Date an initial deposit and (b) on each Payment Date the sum of thereafter $23,750.00 15,100.00 (the "“Rollover Reserve Monthly Deposit"”), which amounts shall be deposited with and held by Lender for tenant improvement and leasing commission obligations incurred following the date hereof (collectively, "Leasing Expenses"); provided, however, Borrower shall not be required to make pay the Rollover Reserve Monthly Deposit to Lender during such times as the balance in the Rollover Reserve Account exceeds $855,000.00. In addition, Borrower shall pay to Lender for deposit in the Rollover Reserve Account all Lease Termination Payments; provided, however, no Lease Termination Payments contributed to the Rollover Reserve Account shall be counted towards any balance in the Rollover Reserve Account which serves to limit future contributions to the Rollover Reserve Account from the Rollover Reserve Deposithereof. Amounts so deposited shall hereinafter be referred to as the "“Rollover Reserve Fund" ” and the account to which such amounts are held shall hereinafter be referred to as the "“Rollover Reserve Account"”. Notwithstanding the preceding sentence, the amount of Rollover Reserve Funds on deposit in the Rollover Reserve Account at any given time shall not exceed $543,600.00 in the aggregate (the “Rollover Reserve Cap”) and, accordingly, to the extent a Rollover Reserve Monthly Deposit would result in the aggregate amount of Rollover Reserve Funds in the Rollover Reserve Account to exceed the Rollover Reserve Cap, such Rollover Reserve Monthly Deposit shall be decreased by an amount equal to such excess. The Rollover Reserve Fund shall be held by Lender in an interest bearing account, which interest shall be included with amounts on deposit in the Rollover Reserve Fund and held for the benefit of Borrower.

Deposits to Rollover Reserve Fund. Commencing on the Payment Date on May 1, 2015, and on each Payment Date thereafter, Borrower shall pay to Lender on each Payment Date the sum of $23,750.00 11,333.33 (the "“Rollover Reserve Monthly Deposit"”), which amounts shall be deposited with and held by Lender for tenant improvement and leasing commission obligations incurred following the date hereof (collectively, "Leasing Expenses"); provided, however, Borrower shall not be required to make pay the Rollover Reserve Monthly Deposit to Lender during such times as the balance in the Rollover Reserve Account exceeds $855,000.00. In addition, Borrower shall pay to Lender for deposit in the Rollover Reserve Account all Lease Termination Payments; provided, however, no Lease Termination Payments contributed to the Rollover Reserve Account shall be counted towards any balance in the Rollover Reserve Account which serves to limit future contributions to the Rollover Reserve Account from the Rollover Reserve Depositdate. Amounts so deposited shall hereinafter be referred to as the "“Rollover Reserve Fund" ” and the account to which such amounts are held shall hereinafter be referred to as the "“Rollover Reserve Account"”. Notwithstanding the aforementioned, the amount in the Rollover Reserve Fund shall not exceed $408,000.00 in the aggregate (the “Rollover Reserve Cap”) on any Payment Date (after giving effect to the payment of the Rollover Reserve Monthly Deposit) and accordingly, to the extent a Rollover Reserve Monthly Deposit would result in the aggregate amount in the Rollover Reserve Account to exceed the Rollover Reserve Cap, such Rollover Reserve Monthly Deposit shall be decreased by an amount equal to such excess. Notwithstanding the foregoing, if a Permitted Paydown Event has occurred on or before October 1, 2011, the Rollover Reserve Cap shall be reduced to $136,000.00.

Deposits to Rollover Reserve Fund. Borrower shall pay to Lender on each Payment Date the sum of $23,750.00 (the "Rollover Reserve Monthly Deposit")during a Trigger Period, all Excess Cash Flow, which amounts shall be deposited with and held by Lender for tenant improvement and leasing commission obligations incurred following the date hereof (collectively, "Leasing Expenses"); provided, however, Borrower shall not be required to make pay the Rollover Reserve Monthly Deposit to Lender during such times as the balance in the Rollover Reserve Account exceeds $855,000.00hereof. In addition, Borrower shall pay to Lender for deposit with Lender all funds received by Borrower in the Rollover Reserve Account all Lease Termination Payments; providedconnection with any cancellation, howevertermination or surrender of any Lease, no Lease Termination Payments contributed to the Rollover Reserve Account shall be counted towards including, but not limited to, any balance in the Rollover Reserve Account which serves to limit future contributions to the Rollover Reserve Account from the Rollover Reserve Depositsurrender or cancellation fees, buy-out fees, or reimbursements for tenant improvements and leasing commissions. Amounts All such amounts so deposited shall hereinafter be referred to as the "“Rollover Reserve Fund" and ”. The amount of the account to which such amounts are held shall hereinafter be referred to as the "Rollover Reserve Account"Funds on deposit with Lender are not required to exceed $8,500,000 (which amount shall be reduced pro-rata pursuant to the related Allocated Percentage if an Individual Property is released pursuant to Section 2.6.2 hereof) (the “Rollover Reserve Cap”). When the amount of Rollover Reserve Funds on deposit with Lender equals or exceeds the Rollover Reserve Cap, Borrower may cease making monthly deposits to the Rollover Reserve Funds. If at any time thereafter during a Trigger Period the amount of Rollover Reserve Funds on deposit with Lender is less than the Rollover Reserve Cap, then Borrower shall recommence and continue making monthly deposits to the Rollover Reserve Funds as provided above.

Deposits to Rollover Reserve Fund. Borrower shall pay to Lender (a) on the Closing Date an initial deposit of $2,000,000.00 and (b) on each Payment Date the sum of thereafter $23,750.00 61,534.00 (the "“Rollover Reserve Monthly Deposit"”), which amounts shall be deposited with and held by Lender for tenant improvement and leasing commission obligations incurred following the date hereof (collectively, "Leasing Expenses"); provided, however, Borrower shall not be required to make pay the Rollover Reserve Monthly Deposit to Lender during such times as the balance in the Rollover Reserve Account exceeds $855,000.00. In addition, Borrower shall pay to Lender for deposit in the Rollover Reserve Account all Lease Termination Payments; provided, however, no Lease Termination Payments contributed to the Rollover Reserve Account shall be counted towards any balance in the Rollover Reserve Account which serves to limit future contributions to the Rollover Reserve Account from the Rollover Reserve Deposithereof. Amounts so deposited shall hereinafter be referred to as the "“Rollover Reserve Fund" ” and the account to which such amounts are held shall hereinafter be referred to as the "“Rollover Reserve Account".” Borrower shall also pay to Lender, for deposit into the Rollover Reserve Account, all fees and other payments made to Borrower in connection with or relating to the rejection, buy-out, termination, surrender or cancellation of any Lease. Notwithstanding the aforementioned, the aggregate amount of the Rollover Reserve Fund shall not exceed $3,692,040.00 in the aggregate (the “Rollover Reserve Cap”) on any Payment Date (after giving effect to the payment of the Rollover Reserve Monthly Deposit) and accordingly, to the extent a Rollover Reserve Monthly Deposit would result in the aggregate amount of Rollover Reserve Funds in the Rollover Reserve Account to exceed the Rollover Reserve Cap, such Rollover Reserve Monthly Deposit shall be decreased by an amount equal to such excess.

Deposits to Rollover Reserve Fund. Borrower shall pay to Lender (a) on the Closing Date an initial deposit and (b) on each Payment Date the sum of thereafter $23,750.00 11,800.00 (the "“Rollover Reserve Monthly Deposit"”), which amounts shall be deposited with and held by Lender for tenant improvement and leasing commission obligations incurred following the date hereof (collectively, "Leasing Expenses"); provided, however, Borrower shall not be required to make pay the Rollover Reserve Monthly Deposit to Lender during such times as the balance in the Rollover Reserve Account exceeds $855,000.00. In addition, Borrower shall pay to Lender for deposit in the Rollover Reserve Account all Lease Termination Payments; provided, however, no Lease Termination Payments contributed to the Rollover Reserve Account shall be counted towards any balance in the Rollover Reserve Account which serves to limit future contributions to the Rollover Reserve Account from the Rollover Reserve Deposithereof. Amounts so deposited shall hereinafter be referred to as the "“Rollover Reserve Fund" ” and the account to which such amounts are held shall hereinafter be referred to as the "“Rollover Reserve Account"”. Notwithstanding the aforementioned, the aggregate amount of the Rollover Reserve Fund shall not exceed $283,200.00 in the aggregate (the “Rollover Reserve Cap”) on any Payment Date (after giving effect to the payment of the Rollover Reserve Monthly Deposit) and accordingly, to the extent a Rollover Reserve Monthly Deposit would result in the aggregate amount of Rollover Reserve Funds in the Rollover Reserve Account to exceed the Rollover Reserve Cap, such Rollover Reserve Monthly Deposit shall be decreased by an amount equal to such excess. Notwithstanding anything to the contrary contained in this Section 7.4.1, upon the occurrence of a Permitted Paydown Event and so long as no Event of Default has occurred and is continuing, Lender shall waive the requirement set forth herein for Borrower to make the Rollover Reserve Monthly Deposit.