Common use of Establishment of Reserve Funds; Investment of Deposits Clause in Contracts

Establishment of Reserve Funds; Investment of Deposits. Unless otherwise provided in Section 4.04, each Reserve Fund will be established on the date of this Loan Agreement and all Reserve Funds will be deposited in an Eligible Account at an Eligible Institution or invested in “permitted investments” as then defined and required by the Rating Agencies. Lender will not be obligated to open additional accounts or deposit Reserve Funds in additional institutions when the amount of any Reserve Fund exceeds the maximum amount of the federal deposit insurance or guaranty. Borrower acknowledges and agrees that it will not have the right to direct Lender as to any specific investment of monies in any Reserve Fund. Lender will not be responsible for any losses resulting from investment of monies in any Reserve Fund or for obtaining any specific level or percentage of earnings on such investment.

Appears in 18 contracts

Samples: Seniors Housing Loan and Security Agreement (NorthStar Healthcare Income, Inc.), Multifamily Loan and Security Agreement (Independence Realty Trust, Inc), Multifamily Loan and Security Agreement (Steadfast Income REIT, Inc.)

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Establishment of Reserve Funds; Investment of Deposits. Unless otherwise provided in Section 4.03 and/or 4.04, each Reserve Fund will be established on the date of this Loan Continuing Covenant Agreement and all each of the following will apply: (i) All Reserve Funds will be deposited in an Eligible Account at an Eligible Institution or invested in “permitted investments” as then defined and required by the Rating Agencies. Institution. (ii) Funding Lender will not be obligated to open additional accounts or deposit Reserve Funds in additional institutions when the amount of any Reserve Fund exceeds the maximum amount of the federal deposit insurance or guaranty. Borrower acknowledges and agrees that it will not have the right to direct Funding Lender as to any specific investment of monies in any Reserve Fund. Funding Lender will not be responsible for any losses resulting from investment of monies in any Reserve Fund or for obtaining any specific level or percentage of earnings on such investment.

Appears in 2 contracts

Samples: Continuing Covenant Agreement, Continuing Covenant Agreement

Establishment of Reserve Funds; Investment of Deposits. Unless otherwise provided in Section 4.03 and/or 4.04, each Reserve Fund will be established on the date of this Loan Continuing Covenant Agreement and all each of the following will apply: (i) All Reserve Funds will be deposited in an Eligible Account at an Eligible Institution or invested in “permitted investments” as then defined and required by the Rating Agencies. Institution. (ii) Funding Lender will not be obligated to open additional accounts or deposit Reserve Funds in additional institutions when the amount of any Reserve Fund exceeds the maximum amount of the federal deposit insurance or guaranty. Borrower Xxxxxxxx acknowledges and agrees that it will not have the right to direct Funding Lender as to any specific investment of monies in any Reserve Fund. Funding Lender will not be responsible for any losses resulting from investment of monies in any Reserve Fund or for obtaining any specific level or percentage of earnings on such investment.

Appears in 1 contract

Samples: Continuing Covenant Agreement

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Establishment of Reserve Funds; Investment of Deposits. Unless otherwise provided in Section 4.04, each Reserve Fund will be established on the date of this Loan Agreement and all Reserve Funds will be deposited in an Eligible Account at an Eligible Institution or invested in "permitted investments" as then defined and required by the Rating Agencies. Lender will not be obligated to open additional accounts or deposit Reserve Funds in additional institutions when the amount of any Reserve Fund exceeds the maximum amount of the federal deposit insurance or guaranty. Borrower acknowledges and agrees that it will not have the right to direct Lender as to any specific investment of monies in any Reserve Fund. Lender will not be responsible for any losses resulting from investment of monies in any Reserve Fund or for obtaining any specific level or percentage of earnings on such investment.

Appears in 1 contract

Samples: Multifamily Loan and Security Agreement (Bluerock Residential Growth REIT, Inc.)

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