Common use of GENERAL ROLLOVER RESERVE Clause in Contracts

GENERAL ROLLOVER RESERVE. On the date hereof, Borrowers shall deposit with Lender $4,192,571.00 and Lender shall transfer such amount into a Subaccount (the "ROLLOVER RESERVE SUBACCOUNT"). On the Payment Date occurring on April 11, 2010, and each Payment Date thereafter, Borrowers shall pay to Lender monthly deposits of $8,333.34. Lender will transfer such amounts into the Rollover Reserve Subaccount. Borrowers shall pay to Lender for transfer into the Rollover Reserve Subaccount all payments received from tenants in connection with the early termination or cancellation of any Leases, including fees, penalties and commissions. Provided that no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Rollover Reserve Subaccount to Borrowers, within 15 days after the delivery by Borrowers to Lender of a request therefor (but not more often than once per month), in increments of at least $5,000, provided (i) such disbursement is for an Approved Leasing Expense incurred hereafter (with respect to the initial deposit into the Rollover Reserve Subaccount), or after April 11, 2010 (with respect to monthly deposits into the Rollover Reserve Subaccount); (ii) Lender shall have (if it desires) verified (by an inspection conducted at Borrowers' expense) performance of any construction work associated with such Approved Leasing Expense; and (iii) the request for disbursement is accompanied by (A) an Officer's Certificate certifying (1) that such funds will be used only to pay (or reimburse Borrowers for) Approved Leasing Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been used only to pay (or reimburse Borrowers for) the previously identified Approved Leasing Expenses, and (B) reasonably detailed supporting documentation as to the amount, necessity and purpose therefor. Any such disbursement of more than $10,000 to pay (rather than reimburse) Approved Leasing Expenses may, at Lender's option, be made by joint check payable to Borrowers and the payee of such Approved Leasing Expenses.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

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GENERAL ROLLOVER RESERVE. On the date hereof, Borrowers Borrower shall deposit with Lender $4,192,571.00 4,000,000.00 and Lender shall transfer such amount into a Subaccount (the "ROLLOVER RESERVE SUBACCOUNT"). On the Payment Date occurring on April 11in August, 20102006, and each Payment Date thereafter, Borrowers Borrower shall pay to Lender a monthly deposits of amount equal to $8,333.3416,667.67 per month. Lender will transfer such amounts into the Rollover Reserve Subaccount. Borrowers Borrower shall pay to Lender for transfer into the Rollover Reserve Subaccount all payments received from tenants in connection with the early termination or cancellation of any Leases, including fees, penalties and commissionscommissions ("LEASE TERMINATION PAYMENTS"); provided, however, that once Borrower has provided to Lender evidence acceptable to Lender that the space under the Lease that was the subject of such termination has been fully re-tenanted and all Approved Leasing Expenses in connection with such space have been paid in full, Lender shall, upon Borrower's request, disburse to Borrower any remaining portion of the Lease Termination Payment made under such terminated Lease, so long as no Event of Default has occurred and is continuing. Provided that no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Rollover Reserve Subaccount to BorrowersBorrower, within 15 days after the delivery by Borrowers Borrower to Lender of a request therefor (but not more often than once per month), in increments of at least $5,000, provided (i) such disbursement is for an Approved Leasing Expense incurred hereafter (with respect to the initial deposit into the Rollover Reserve Subaccount), or after April August 11, 2010 2005 (with respect to monthly deposits into the Rollover Reserve Subaccount); (ii) Lender shall have (if it desires) verified (by an inspection conducted at Borrowers' Borrower's expense) performance of any construction work associated with such Approved Leasing Expense; and (iii) the request for disbursement is accompanied by (A) an Officer's Certificate certifying (1) that such funds will be used only to pay (or reimburse Borrowers Borrower for) Approved Leasing Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been used only to pay (or reimburse Borrowers Borrower for) the previously identified Approved Leasing Expenses, and (B) reasonably detailed supporting documentation as to the amount, necessity and purpose therefor. Any such disbursement of more than $10,000 to pay (rather than reimburse) Approved Leasing Expenses may, at Lender's option, be made by joint check payable to Borrowers Borrower and the payee of such Approved Leasing Expenses.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

GENERAL ROLLOVER RESERVE. On the date hereof, Each Leasing Advance made by Lender to Borrowers pursuant to Section 2.6 shall deposit with be disbursed by Lender $4,192,571.00 and Lender shall transfer such amount into a Subaccount (the "ROLLOVER RESERVE SUBACCOUNT"). On the Payment Date occurring on April 11, 2010, and each Payment Date thereafter, Borrowers shall pay to Lender monthly deposits of $8,333.34. Lender will transfer such amounts into the Rollover Reserve Subaccount. Borrowers shall also pay to Lender for transfer into the Rollover Reserve Subaccount all payments received from tenants in connection with the early termination or cancellation of any Leases, including fees, penalties and commissions. Provided that no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Rollover Reserve Subaccount to Borrowers, within 15 days after the delivery by Borrowers to Lender of a request therefor (but not more often than once per month), in increments of at least $5,000, provided (i) such disbursement is for an Approved Leasing Expense incurred hereafter (with respect to the initial deposit into the Rollover Reserve Subaccount), or after April 11, 2010 (with respect to monthly deposits into the Rollover Reserve Subaccount)Expense; (ii) Lender shall have (if it desires) verified (by an inspection conducted at Borrowers' expense) performance of any construction work associated with such Approved Leasing Expense; and (iii) the request for disbursement is accompanied by (A) an Officer's Certificate certifying (1) that such funds will be used only to pay (or reimburse Borrowers for) Approved Leasing Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been used only to pay (or reimburse Borrowers for) the previously identified Approved Leasing Expenses, and (B) reasonably detailed supporting documentation as to the amount, necessity and purpose therefor. Any such disbursement of more than $10,000 to pay (rather than reimburse) Approved Leasing Expenses may, at Lender's option, be made by joint check payable to Borrowers and the payee of such Approved Leasing Expenses.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

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GENERAL ROLLOVER RESERVE. On the date hereof, Borrowers shall deposit with Lender $4,192,571.00 5,250,000.00 and Lender shall transfer such amount into a Subaccount (the "ROLLOVER RESERVE SUBACCOUNT"). On the Payment Date occurring on April in January 11, 20102004, and each Payment Date thereafter, Borrowers shall pay to Lender a monthly deposits of amount determined as follows: $8,333.3424,744.15 per month for each Payment Date in calendar year 2005; $34,642.68 per month for each Payment Date in calendar year 2006; $24,744.15 per month for each Payment Date in calendar year 2007; $9,402.73 per month for each Payment Date in calendar year 2008; $40,085.57 per month for each Payment Date in calendar year 2009; $44,540.13 per month for each Payment Date in calendar year 2010; and $29,693.42 per month for each Payment Date in calendar year 2011 and in each calendar year thereafter. Lender will transfer such amounts into the Rollover Reserve Subaccount. Borrowers shall pay to Lender for transfer into the Rollover Reserve Subaccount all payments received from tenants in connection with the early termination or cancellation of any Leases, including fees, penalties and commissions. Provided that no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Rollover Reserve Subaccount and, if funds available in the Rollover Reserve Subaccount are not sufficient to pay for the requested disbursement, the Debt Service Subaccount (it being understood and agreed that if funds are available in the Rollover Reserve Subaccount, such funds shall be used for Approved Leasing Expenses prior to disbursements from the Debt Service Subaccount) to Borrowers, within 15 days after the delivery by Borrowers to Lender of a request therefor (but not more often than once per month), in increments of at least $5,000, provided (i) such disbursement is for an Approved Leasing Expense incurred hereafter (with respect to the initial deposit into the Rollover Reserve Subaccount), or after April 11, 2010 (with respect to monthly deposits into the Rollover Reserve Subaccount)Expense; (ii) Lender shall have (if it desires) verified (by an inspection conducted at Borrowers' expense) performance of any construction work associated with such Approved Leasing Expense; and (iii) the request for disbursement is accompanied by (A) an Officer's Certificate certifying (1) that such funds will be used only to pay (or reimburse Borrowers for) Approved Leasing Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been used only to pay (or reimburse Borrowers for) the previously identified Approved Leasing Expenses, and (B) reasonably detailed supporting documentation as to the amount, necessity and purpose therefor. Any such disbursement of more than $10,000 to pay (rather than reimburse) Approved Leasing Expenses may, at Lender's option, be made by joint check payable to Borrowers and the payee of such Approved Leasing Expenses.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

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