Excess Account Collateral Clause Samples

Excess Account Collateral. Upon the occurrence of any Property Release, provided no 90% Cash Sweep Period exists and no Event of Default has occurred and is continuing, Lender shall promptly perform an analysis of the Account Collateral in order to reasonably determine the amount of the Account Collateral (including, but not limited to, Proceeds) attributable to the Release Property (the “Excess Account Collateral”), and shall promptly instruct Cash Management Bank to return to Borrower the Excess Account Collateral, if any, except to the extent that Lender reasonably determines that a shortfall exists in any Sub-Account with respect to the Property other than the Release Property.

Excess Account Collateral. Upon the occurrence of any Property Release, provided no Low DSCR Cash Sweep Period exists and no Event of Default has occurred and is continuing, Mezzanine Lender shall promptly perform an analysis of the Account Collateral in order to reasonably determine the amount of the Account Collateral (including, but not limited to, Proceeds) attributable to the Release Property (the “Excess Account Collateral”), and shall promptly instruct Cash Management Bank to return to each Borrower, as applicable, the Excess Account Collateral, if any, except to the extent that Mezzanine Lender, Second Mezzanine Lender, Third Mezzanine Lender, Fourth Mezzanine Lender and Mortgage Lender reasonably determine that a shortfall exists in such Sub-Account with respect to the Property other than the Release Property.

Excess Account Collateral. Upon the occurrence of any Property Release, provided no Low DSCR Cash Sweep Period exists and no Event of Default has occurred and is continuing, Mezzanine Lender shall promptly perform an analysis of the Account Collateral in order to reasonably determine the amount of the Account Collateral (including, but not limited to, Proceeds) attributable to the Release Property (the “Excess Account Collateral”), and shall promptly instruct Cash Management Bank to return to each Borrower, as applicable, the Excess Account Collateral, if any, except to the extent that Mezzanine Lender, any Senior Mezzanine Lender, or Mortgage Lender reasonably determine that a shortfall exists in such Sub-Account with respect to the Property other than the Release Property.

Excess Account Collateral. Upon the occurrence of any Disposition, provided no Event of Default has occurred and is continuing, the Administrative Agent shall promptly perform an analysis of the Account Collateral in order to reasonably determine the amount of the Account Collateral (including, but not limited to, Proceeds) attributable to the Disposition Property (the “Excess Account Collateral”), and shall promptly instruct Cash Management Bank to return to Borrower the Excess Account Collateral, if any, except to the extent that the Administrative Agent reasonably determines that a shortfall exists in such Sub-Account with respect to the other Borrowing Base Properties.