Common use of Distributions to Net Proceeds to Mezzanine Lender Clause in Contracts

Distributions to Net Proceeds to Mezzanine Lender. Notwithstanding anything to the contrary contained in this Article VII, provided no Trigger Period has occurred and is continuing, to the extent that Borrower is entitled to a disbursement of Net Proceeds under Section 7.4(b)(vii) above for any purpose other than Restoration, Borrower hereby authorizes and directs Administrative Agent to pay the same to Mezzanine A Lender to the extent that Mezzanine A Lender is entitled to the same under the terms and conditions of the Mezzanine A Loan Documents and to Mezzanine B Lender to the extent that Mezzanine B Lender is entitled to the same under the terms and conditions of the Mezzanine B Loan Documents, and in each case, pursuant to the terms of the Intercreditor Agreement. Borrower further (i) agrees that Administrative Agent shall be entitled to conclusively rely on Mezzanine Lender’s assertion that it is entitled to such Net Proceeds and (ii) hereby releases Administrative Agent and Lenders and indemnifies Administrative Agent and Lenders against any Losses that may be incurred by Administrative Agent and/or Lenders as a result of any Person claiming that Administrative Agent improperly remitted such Net Proceeds to Mezzanine Lender.

Distributions to Net Proceeds to Mezzanine Lender. Notwithstanding anything to the contrary contained in this Article VII, provided no Trigger Period has occurred and is continuing, to the extent that Borrower is entitled to a disbursement of Net Proceeds under Section 7.4(b)(vii) above for any purpose other than Restoration, Borrower hereby authorizes and directs Administrative Agent Lender to pay the same to Mezzanine A Lender to the extent that Mezzanine A Lender is entitled to the same under the terms and conditions of the Mezzanine A Loan Documents and to Mezzanine B Lender to the extent that Mezzanine B Lender is entitled to the same under the terms and conditions of the Mezzanine B Loan Documents, and in each case, pursuant to the terms of the Intercreditor Agreement. Borrower further (i) agrees that Administrative Agent Lender shall be entitled to conclusively rely on Mezzanine B Lender’s assertion that it is entitled to such Net Proceeds and (ii) hereby releases Administrative Agent and Lenders Lender and indemnifies Administrative Agent and Lenders Lender against any Losses that may be incurred by Administrative Agent and/or Lenders Lender as a result of any Person claiming that Administrative Agent Lender improperly remitted such Net Proceeds to Mezzanine B Lender.