Common use of General Reserve Fund Clause in Contracts

General Reserve Fund. (a) Borrowers shall cause Mortgage Borrowers to comply with all of the terms and conditions set forth in Section 7.6 of the Mortgage Loan Agreement. (b) In the event (i)(A) Mortgage Lender waives the requirements of Mortgage Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the Mortgage Loan Agreement and (B) First Mezzanine Lender waives the requirements of First Mezzanine Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the First Mezzanine Loan Agreement; or (ii) the Mortgage Loan and the First Mezzanine Loan have been repaid in full (without a prepayment of the Loan in full), Lender shall have the right to require Borrowers to establish and maintain an escrow that would operate in the same manner as the General Reserve Fund and the General Reserve Account in Section 7.6 of the Mortgage Loan Agreement and the provisions of Section 7.6 of the Mortgage Loan Agreement and all related definitions shall be incorporated herein by reference; provided, however, that all references to “Borrowers,” “Lender” and “Event of Default” therein shall be deemed references to Borrowers, Lender and Event of Default as defined herein.

Appears in 2 contracts

Samples: Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Mezzanine Loan Agreement (Morgans Hotel Group Co.)

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General Reserve Fund. (a) Borrowers shall cause Mortgage Borrowers to comply with all of the terms and conditions set forth in Section 7.6 of the Mortgage Loan Agreement. (b) In the event (i)(A) Mortgage Lender waives the requirements of Mortgage Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the Mortgage Loan Agreement and Agreement, (B) First Mezzanine Lender waives the requirements of First Mezzanine Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the First Mezzanine Loan Agreement and (C) Second Mezzanine Lender waives the requirements of Second Mezzanine Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the Second Mezzanine Loan Agreement; or (ii) the Mortgage Loan, the First Mezzanine Loan and the First Second Mezzanine Loan have been repaid in full (without a prepayment of the Loan in full), Lender shall have the right to require Borrowers to establish and maintain an escrow that would operate in the same manner as the General Reserve Fund and the General Reserve Account in Section 7.6 of the Mortgage Loan Agreement and the provisions of Section 7.6 of the Mortgage Loan Agreement and all related definitions shall be incorporated herein by reference; provided, however, that all references to “Borrowers,” “Lender” and “Event of Default” therein shall be deemed references to Borrowers, Lender and Event of Default as defined herein.

Appears in 2 contracts

Samples: Third Mezzanine Loan Agreement (Morgans Hotel Group Co.), Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

General Reserve Fund. (a) Borrowers shall cause Mortgage Borrowers to comply with all of the terms and conditions set forth in Section 7.6 of the Mortgage Loan Agreement. (b) In the event (i)(A) Mortgage Lender waives the requirements of Mortgage Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the Mortgage Loan Agreement and Agreement, (B) First Mezzanine Lender waives the requirements of First Mezzanine Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the First Mezzanine Loan Agreement; Agreement and (C) Second Mezzanine Lender waives the requirements of Second Mezzanine Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the Second Mezzanine Loan Agreement or (ii) the Mortgage Loan, the First Mezzanine Loan and the First Second Mezzanine Loan have been repaid in full (without a prepayment of the Loan in full), Lender shall have the right to require Borrowers to establish and maintain an escrow that would operate in the same manner as the General Reserve Fund and the General Reserve Account in Section 7.6 of the Mortgage Loan Agreement and the provisions of Section 7.6 of the Mortgage Loan Agreement and all related definitions shall be incorporated herein by reference; provided, however, that all references to “Borrowers,” “Lender” and “Event of Default” therein shall be deemed references to Borrowers, Lender and Event of Default as defined herein. (c) In the event (i)(A) Mortgage Lender waives the requirements of Mortgage Borrowers to maintain the IP Subaccount pursuant to the terms of Section 7.6 of the Mortgage Loan Agreement, (B) First Mezzanine Lender waives the requirements of First Mezzanine Borrowers to maintain the IP Subaccount pursuant to the terms of Section 7.6 of the First Mezzanine Loan Agreement and (C) Second Mezzanine Lender waives the requirements of Second Mezzanine Borrowers to maintain the IP Subaccount pursuant to the terms of Section 7.6 of the Second Mezzanine Loan Agreement or (ii) the Mortgage Loan, the First Mezzanine Loan and the Second Mezzanine Loan have been repaid in full (without a prepayment of the Loan in full), Lender shall have the right to require Borrowers to establish and maintain an subaccount of the General Reserve Account that would operate in the same manner as the IP Subaccount in Section 7.6 of the Mortgage Loan Agreement and the provisions of Section 7.6 of the Mortgage Loan Agreement and all related definitions shall be incorporated herein by reference; provided, however, that all references to “Borrowers,” “Lender” and “Event of Default” therein shall be deemed references to Borrowers, Lender and Event of Default as defined herein.

Appears in 1 contract

Samples: Third Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

General Reserve Fund. (a) Borrowers shall cause Mortgage Borrowers to comply with all of the terms and conditions set forth in Section 7.6 of the Mortgage Loan Agreement. (b) In the event (i)(A) Mortgage Lender waives the requirements of Mortgage Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the Mortgage Loan Agreement and (B) First Mezzanine Lender waives the requirements of First Mezzanine Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the First Mezzanine Loan Agreement; , or (ii) the Mortgage Loan and the First Mezzanine Loan have been repaid in full (without a prepayment of the Loan in full), Lender shall have the right to require Borrowers to establish and maintain an escrow that would operate in the same manner as the General Reserve Fund and the General Reserve Account in Section 7.6 of the Mortgage Loan Agreement and the provisions of Section 7.6 of the Mortgage Loan Agreement and all related definitions shall be incorporated herein by reference; provided, however, that all references to “Borrowers,” “Lender” and “Event of Default” therein shall be deemed references to Borrowers, Lender and Event of Default as defined herein. (c) In the event (i)(A) Mortgage Lender waives the requirements of Mortgage Borrowers to maintain the IP Subaccount pursuant to the terms of Section 7.6 of the Mortgage Loan Agreement and (B) First Mezzanine Lender waives the requirements of First Mezzanine Borrowers to maintain the IP Subaccount pursuant to the terms of Section 7.6 of the First Mezzanine Loan Agreement, or (ii) the Mortgage Loan and the First Mezzanine Loan have been repaid in full (without a prepayment of the Loan in full), Lender shall have the right to require Borrowers to establish and maintain an subaccount of the General Reserve Account that would operate in the same manner as the IP Subaccount in Section 7.6 of the Mortgage Loan Agreement and the provisions of Section 7.6 of the Mortgage Loan Agreement and all related definitions shall be incorporated herein by reference; provided, however, that all references to “Borrowers,” “Lender” and “Event of Default” therein shall be deemed references to Borrowers, Lender and Event of Default as defined herein.

Appears in 1 contract

Samples: Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

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General Reserve Fund. (a) Borrowers shall cause Mortgage Borrowers to comply with all of the terms and conditions set forth in Section 7.6 of the Mortgage Loan Agreement. (b) In the event (i)(Ai) Mortgage Lender waives the requirements of Mortgage Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the Mortgage Loan Agreement and (B) First Mezzanine Lender waives the requirements of First Mezzanine Borrowers to maintain the General Reserve Fund and the General Reserve Account pursuant to the terms of Section 7.6 of the First Mezzanine Loan Agreement; , or (ii) the Mortgage Loan and the First Mezzanine Loan have has been repaid in full (without a prepayment of the Loan in full), Lender shall have the right to require Borrowers to establish and maintain an escrow that would operate in the same manner as the General Reserve Fund and the General Reserve Account in Section 7.6 of the Mortgage Loan Agreement and the provisions of Section 7.6 of the Mortgage Loan Agreement and all related definitions shall be incorporated herein by reference; provided, however, that all references to “Borrowers,” “Lender” and “Event of Default” therein shall be deemed references to Borrowers, Lender and Event of Default as defined herein. (c) In the event (i) Mortgage Lender waives the requirements of Mortgage Borrowers to maintain the IP Subaccount pursuant to the terms of Section 7.6 of the Mortgage Loan Agreement, or (ii) the Mortgage Loan has been repaid in full (without a prepayment of the Loan in full), Lender shall have the right to require Borrowers to establish and maintain an subaccount of the General Reserve Account that would operate in the same manner as the IP Subaccount in Section 7.6 of the Mortgage Loan Agreement and the provisions of Section 7.6 of the Mortgage Loan Agreement and all related definitions shall be incorporated herein by reference; provided, however, that all references to “Borrowers,” “Lender” and “Event of Default” therein shall be deemed references to Borrowers, Lender and Event of Default as defined herein.

Appears in 1 contract

Samples: First Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

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