Common use of Mezzanine Cash Management Account Clause in Contracts

Mezzanine Cash Management Account. (a) During the term of the Loan, Borrowers shall establish and maintain a segregated Eligible Account (the “Mezzanine Cash Management Account”) to be held in trust for the benefit of Lender, which Mezzanine Cash Management Account shall be under the sole dominion and control of Lender. The Mezzanine Cash Management Account shall be entitled “Xxxxxxx Properties – Gas Tower Project – Mezzanine, for the benefit of Nomura Credit & Capital, Inc., its successors and assigns, as Lender, pursuant to Mezzanine Loan Agreement dated as of ______ ___ , 200 __ Mezzanine Cash Management Account”. Borrowers (i) hereby grant to Lender a first priority security interest in the Mezzanine Cash Management Account and all deposits at any time contained therein and the proceeds thereof, and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Mezzanine Cash Management Account, including, without limitation, executing and filing UCC 1 financing statements and continuations thereof. Borrowers will not in any way alter or modify the Mezzanine Cash Management Account, will not further pledge, assign, encumber or grant a security interest in its interest in the Mezzanine Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Mezzanine Cash Management Account and all costs and expenses for establishing and maintaining the Mezzanine Cash Management Account shall be paid by Borrowers. (b) The insufficiency of funds on deposit in the Mezzanine Cash Management Account shall not relieve Borrowers from the obligation to make any payments, as and when due pursuant to this Agreement and the other Loan Documents, and such obligations shall be separate and independent, and not conditioned on any event or circumstance whatsoever.

Mezzanine Cash Management Account. (a) During the term of the Loan, Borrowers Borrower shall establish and maintain a segregated Eligible Account (the “Mezzanine Cash Management Account”) to be held in trust and for the benefit of Lender, which Mezzanine Cash Management Account shall be under the sole dominion and control of Lender. The Mezzanine Cash Management Account shall be entitled “Xxxxxxx Properties – Gas Tower Project – MP - Austin LP Mezzanine, LLC as Borrower for the benefit of Nomura Credit & Capital, Inc., its successors and assigns, as Lender, pursuant to Mezzanine Loan Agreement dated as of ______ ___ March 15, 200 __ 2005 - Mezzanine Cash Management Account”. Borrowers (i) Borrower hereby grant grants to Lender a first priority security interest in the Mezzanine Cash Management Account and all deposits at any time contained therein and the proceeds thereof, thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Mezzanine Cash Management Account, including, without limitation, executing and filing UCC 1 financing statements UCC-1 Financing Statements and continuations thereof. Borrowers Borrower will not in any way alter or modify the Mezzanine Cash Management Account, will not further pledge, assign, encumber or grant a security interest in its interest in the Mezzanine Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Mezzanine Cash Management Account and all costs and expenses for establishing and maintaining the Mezzanine Cash Management Account shall be paid by BorrowersBorrower. (b) The insufficiency of funds on deposit in the Mezzanine Cash Management Account shall not relieve Borrowers Borrower from the obligation to make any payments, as and when due pursuant to this Agreement and the other Loan Documents, and such obligations shall be separate and independent, and not conditioned on any event or circumstance whatsoever.

Mezzanine Cash Management Account. (a) During the term of the Loan, Borrowers Borrower shall establish and maintain a segregated Eligible Account (the “Mezzanine Cash Management Account”) to be held in trust and for the benefit of Lender, which Mezzanine Cash Management Account shall be under the sole dominion and control of Lender. The Mezzanine Cash Management Account shall be entitled “Xxxxxxx Properties – Gas Tower Project – MP - Wateridge Plaza Mezzanine, LLC as Borrower for the benefit of Nomura Credit & Capital, Inc., its successors and assigns, as Lender, pursuant to Mezzanine Loan Agreement dated as of ______ ___ March 15, 200 __ 2005 - Mezzanine Cash Management Account”. Borrowers (i) Borrower hereby grant grants to Lender a first priority security interest in the Mezzanine Cash Management Account and all deposits at any time contained therein and the proceeds thereof, thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Mezzanine Cash Management Account, including, without limitation, executing and filing UCC 1 financing statements UCC-1 Financing Statements and continuations thereof. Borrowers Borrower will not in any way alter or modify the Mezzanine Cash Management Account, will not further pledge, assign, encumber or grant a security interest in its interest in the Mezzanine Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Mezzanine Cash Management Account and all costs and expenses for establishing and maintaining the Mezzanine Cash Management Account shall be paid by BorrowersBorrower. (b) The insufficiency of funds on deposit in the Mezzanine Cash Management Account shall not relieve Borrowers Borrower from the obligation to make any payments, as and when due pursuant to this Agreement and the other Loan Documents, and such obligations shall be separate and independent, and not conditioned on any event or circumstance whatsoever.

Mezzanine Cash Management Account. (a) During the term of the Loan, Borrowers Lender or Servicer shall establish and maintain a segregated Eligible Account (the “Mezzanine Cash Management Account”) to be held by Servicer in trust and for the benefit of Lender, which Mezzanine Cash Management Account shall be under the sole dominion and control of Lender. The Mezzanine Cash Management Account shall be entitled “Xxxxxxx Properties – Gas Tower Project – Mezzanine, for the benefit of Nomura Credit & CapitalColumn Financial, Inc., its successors and assigns, as Lender, pursuant to Mezzanine Loan Agreement dated as of ______ ___ October 14, 200 __ 2005—Mezzanine Cash Management Account”. Borrowers (i) As additional security for Borrower’s payment and performance of the Obligations, Borrower hereby grant grants to Lender a first priority security interest in the Mezzanine Cash Management Account and all deposits at any time contained therein and the proceeds thereof, thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Mezzanine Cash Management Account, including, without limitation, executing and filing UCC 1 financing statements UCC-1 Financing Statements and continuations thereof. Borrowers Borrower will not in any way alter or modify the Mezzanine Cash Management Account, will not further pledge, assign, encumber or grant a security interest in its interest in the Mezzanine Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Mezzanine Cash Management Account and all costs and expenses for establishing and maintaining the Mezzanine Cash Management Account shall be paid by BorrowersBorrower. (b) The insufficiency of All funds on deposit in the Mezzanine Cash Management Account shall not relieve Borrowers from the obligation to make any payments, as and when due pursuant to this Agreement and the other Loan Documents, and such obligations shall be separate and independent, and not conditioned on any event or circumstance whatsoeverapplied by Mezzanine Lender in accordance with Section 2.6.4 hereof.