Common use of Excess Cash Flow Reserve Account Clause in Contracts

Excess Cash Flow Reserve Account. (a) Lender will maintain an Eligible Account (which may be a book-entry subaccount) for the deposit of amounts required to be deposited therein in accordance with Section 3.2(b) (the “Excess Cash Flow Reserve Account”). (b) Provided that no Event of Default is then continuing, Lender shall release to the Cash Management Account (x) with respect to the cessation of a Full Trigger Period (provided that a Partial Trigger Period is then continuing), fifty percent (50%) of all amounts then contained in the Excess Cash Flow Reserve Account and (y) with respect to the cessation of a Partial Trigger Period (provided that no Full Trigger Period is continuing), one hundred percent (100%) of all amounts then contained in the Excess Cash Flow Reserve Account, in each case, within five (5) Business Days after Borrower delivers to Lender evidence reasonably satisfactory to Lender establishing that no such applicable Trigger Period is then continuing. Such a release shall not preclude the subsequent commencement of a Trigger Period and the deposit of amounts into the Excess Cash Flow Reserve Account as set forth in Section 3.2(b). (c) Any funds remaining on deposit in the Excess Cash Flow Reserve Account after the Indebtedness has been paid in full shall be paid to or upon the direction of Borrower pursuant to the Irrevocable Redirection Letter.

Excess Cash Flow Reserve Account. (a) Lender will maintain an Eligible Account (which may be a book-entry subaccount) for the deposit of amounts required to be deposited therein in accordance with Section 3.2(b) (the “Excess Cash Flow Reserve Account”). (b) Provided Without limiting Lender’s rights under Section 3.9(c), Lender may at any time, in its sole discretion, regardless of whether an Event of Default is continuing, apply funds contained in the Excess Cash Flow Reserve Account, and funds resulting from the liquidation of Permitted Investments contained in the Excess Cash Flow Reserve Account, toward partial prepayment of the Loan (provided that no Prepayment Fee shall be required in respect of such prepayment). If and to the extent Lender elects not to so apply such funds toward prepayment of the Loan, then, provided that no Event of Default is then continuing, Lender shall release to the Cash Management Account (x) with respect to the cessation of a Full Trigger Period (provided that a Partial Trigger Period is then continuing), fifty percent (50%) of all amounts then contained in the Excess Cash Flow Reserve Account and (y) with respect to on the cessation of a Partial Trigger Period (provided that no Full Trigger Period is continuing), one hundred percent (100%) of all amounts then contained in the Excess Cash Flow Reserve Account, in each case, within five (5) Business Days first Payment Date after Borrower delivers to Lender evidence reasonably satisfactory to Lender establishing that no such applicable Trigger Period is then continuing. Such a release shall not preclude the subsequent commencement of a Trigger Period and the deposit of amounts into the Excess Cash Flow Reserve Account as set forth in Section 3.2(b). (c) Any funds remaining on deposit in the Excess Cash Flow Reserve Account after the Indebtedness has been paid in full shall be paid to or upon the direction of Borrower pursuant to the Irrevocable Redirection Letter.

Excess Cash Flow Reserve Account. (a) Lender will maintain an Eligible Account (which may be a book-entry subaccount) for the deposit of amounts required to be deposited therein in accordance with Section 3.2(b3.2(a) (the “Excess Cash Flow Reserve Account”). (b) Upon the request of Borrower at any time that no Event of Default is continuing (but not more than once per calendar month), Lender shall cause disbursements to Borrower from the Excess Cash Flow Reserve Account to reimburse Borrower for costs in respect of Tenant Improvements and Leasing Commissions in respect of Leases entered into in accordance with this Agreement (but only to the extent that as of such date there is not sufficient funds in the TI/LC Reserve Accounts to cover such payments), subject to Borrower’s satisfaction of the requirements set forth in Section 3.5(c), as if such disbursement were from the TI/LC Reserve Account. (c) Provided that no Event of Default is then continuing, Lender shall release to the Cash Management Account (x) with respect to the cessation of a Full Trigger Period (provided that a Partial Trigger Period is then continuing), fifty percent (50%) of all amounts then contained in the Excess Cash Flow Reserve Account and (y) with respect to on the cessation of a Partial Trigger Period (provided that no Full Trigger Period is continuing), one hundred percent (100%) of all amounts then contained in first Payment Date after the Excess Cash Flow Reserve Account, in each case, within five (5) Business Days after Borrower delivers to Lender evidence reasonably satisfactory to Lender establishing that no such applicable Trigger Period is then continuingno longer in effect. Such a release shall not preclude the subsequent commencement of a Trigger Period and the deposit of amounts into the Excess Cash Flow Reserve Account as set forth in Section 3.2(b3.2(a). (c) Any funds remaining on deposit in the Excess Cash Flow Reserve Account after the Indebtedness has been paid in full shall be paid to or upon the direction of Borrower pursuant to the Irrevocable Redirection Letter.. 52

Excess Cash Flow Reserve Account. (a) Lender will establish and maintain an Eligible Account (which may be a book-entry subaccountsubaccount of the Cash Management Account) for the deposit of amounts required to be deposited therein in accordance with Section 3.2(b) (the “Excess Cash Flow Reserve Account”). (b) Provided that no Event of Default is then continuing, Lender shall release to the Cash Management Account (x) with respect to the cessation of a Full Trigger Period (provided that a Partial Trigger Period is then continuing), fifty percent (50%) of all amounts then contained in the Excess Cash Flow Reserve Account and (y) with respect to on the cessation of a Partial Trigger Period (provided that no Full Trigger Period is continuing), one hundred percent (100%) of all amounts then contained in the Excess Cash Flow Reserve Account, in each case, within five (5) Business Days first Payment Date after Borrower delivers to Lender evidence reasonably satisfactory to Lender establishing that no such applicable Trigger Period is then continuing; provided, however, if a Capital Plan Trigger Period is then continuing, the amounts contained in the Excess Cash Flow Account shall be transferred to the Capital Plan Reserve Account, to the extent necessary to cause the amount contained therein to equal the Capital Plan Reserve Amount, and any remaining amounts (if any) after the making of such transfer shall be released to the Cash Management Account (so long as no Event of Default is continuing). Such a release shall not preclude the subsequent commencement of a Trigger Period and the deposit of amounts into the Excess Cash Flow Reserve Account as set forth in Section 3.2(b). (c) Any funds remaining on deposit in the Excess Cash Flow Reserve Account after the Indebtedness has been paid in full shall be paid to or upon the direction of Borrower pursuant to the Irrevocable Redirection Letter.

Excess Cash Flow Reserve Account. (a) Lender will maintain an Eligible Account (which may be a book-entry subaccount) for the deposit of amounts required to be deposited therein in accordance with Section 3.2(b3.2(a) (the “Excess Cash Flow Reserve Account”). (b) Upon the request of Borrower at any time that no Event of Default is continuing (but not more than once per calendar month), Lender shall cause disbursements to Borrower from the Excess Cash Flow Reserve Account to reimburse Borrower for costs in respect of Tenant Improvements and Leasing Commissions in respect of Leases entered into in accordance with this Agreement (but only to the extent that as of such date there is not sufficient funds in the TI/LC Reserve Accounts to cover such payments), subject to Borrower’s satisfaction of the requirements set forth in Section 3.5(c), as if such disbursement were from the TI/LC Reserve Account. (c) Provided that no Event of Default is then continuing, Lender shall release to the Cash Management Account (x) with respect to the cessation of a Full Trigger Period (provided that a Partial Trigger Period is then continuing), fifty percent (50%) of all amounts then contained in the Excess Cash Flow Reserve Account and (y) with respect to on the cessation of a Partial Trigger Period (provided that no Full Trigger Period is continuing), one hundred percent (100%) of all amounts then contained in first Payment Date after the Excess Cash Flow Reserve Account, in each case, within five (5) Business Days after Borrower delivers to Lender evidence reasonably satisfactory to Lender establishing that no such applicable Trigger Period is then continuingno longer in effect. Such a release shall not preclude the subsequent commencement of a Trigger Period and the deposit of amounts into the Excess Cash Flow Reserve Account as set forth in Section 3.2(b3.2(a). (c) Any funds remaining on deposit in the Excess Cash Flow Reserve Account after the Indebtedness has been paid in full shall be paid to or upon the direction of Borrower pursuant to the Irrevocable Redirection Letter.