Funding of Working Capital Expenses and Funding Draws. To the extent set forth in, and subject to the terms of, this Agreement (including the Servicing Obligations), the Servicer shall, on behalf of the Manager, in turn acting on behalf of the Company (and from Company funds made available by the Manager), make applicable Funding Draws and pay other applicable Working Capital Expenses; provided that the making of the same is consistent with the applicable terms and conditions in the Custodial and Paying Agency Agreement and, subject to Section 5.7, the applicable terms and conditions in the LLC Operating Agreement and the other Ancillary Documents. Servicer acknowledges that (a) subject to the Custodial and Paying Agency Agreement (and any permitted transfer or release as funds as provided therein), the Working Capital Reserve shall be used exclusively for funding of Working Capital Expenses (including the making of applicable Funding Draws with respect to specified Loans or related Acquired Property), but only if there are insufficient available funds in the Collection Account;
Appears in 3 contracts
Samples: Servicing Agreement, Servicing Agreement, Servicing Agreement
Funding of Working Capital Expenses and Funding Draws. To the extent set forth in, and subject to the terms of, this Agreement (including the Servicing Obligations), the Servicer shall, on behalf of the Manager, in turn acting on behalf of the Company (and from Company funds made available by the Manager), make applicable Funding Draws and pay other applicable Working Capital Expenses; provided that the making of the same is consistent with the applicable terms and conditions in the Custodial and Paying Agency Agreement and, subject to Section 5.7, the applicable terms and conditions in the LLC Operating Agreement and the other Ancillary Transaction Documents. Servicer acknowledges that (a) subject to the Custodial and Paying Agency Agreement (and any permitted transfer or release as funds as provided therein), the Working Capital Reserve shall be used exclusively for funding of Working Capital Expenses (including the making of applicable Funding Draws with respect to specified Loans or related Acquired Property), but only if there are insufficient available funds in the Collection Account;
Appears in 2 contracts
Samples: Servicing Agreement, Servicing Agreement