Common use of Minor Casualty or Condemnation Clause in Contracts

Minor Casualty or Condemnation. If a Casualty or Condemnation has occurred to the Property and the Net Proceeds shall be less than the Restoration Threshold and the reasonably anticipated costs of completing the Restoration shall be less than the Restoration Threshold, and provided (a) no Event of Default shall have occurred and remain uncured and (b) the Casualty or Condemnation shall have occurred prior to the Maturity Date, the Net Proceeds will be disbursed by Lender to Borrower. Promptly after receipt of the Net Proceeds, Borrower shall commence and satisfactorily complete with reasonable diligence the Restoration in accordance with the terms of this Agreement. If any Net Proceeds are received by Borrower and may be retained by Borrower pursuant to the terms hereof, such Net Proceeds shall, until completion of the Restoration, be held in trust for Lender and shall be segregated from other funds of Borrower to be used to pay for the cost of Restoration in accordance with the terms hereof.

Minor Casualty or Condemnation. If a Casualty or Condemnation has occurred to the Property and (i) the net amount of all insurance proceeds payable as a result of a Casualty to the Property, after deduction of reasonable costs and expenses (including, but not limited to, reasonable attorneys’ fees), if any, in collecting such insurance proceeds, or (ii) the net amount of the Award, after deduction of reasonable costs and expenses (including, but not limited to, reasonable attorneys’ fees), if any, in collecting such Award (the “Net Proceeds Proceeds”) shall be less than the Restoration Threshold and the reasonably anticipated costs of completing the Restoration shall be less than the Restoration Threshold, and provided (a) no Event of Default shall have occurred and remain uncured and (b) the Casualty or Condemnation shall have occurred prior to the Maturity Dateuncured, then the Net Proceeds will be disbursed by Lender to Borrower. Promptly after receipt of the Net Proceeds, Borrower shall commence and satisfactorily complete with reasonable due diligence the Restoration in accordance with the terms of this Agreement. If any Net Proceeds are received by Borrower and may be retained by Borrower pursuant to the terms hereof, such Net Proceeds shall, until completion of the Restoration, be held in trust for Lender and shall be segregated from other funds of Borrower to be used to pay for the cost of Restoration in accordance with the terms hereof.

Minor Casualty or Condemnation. If a Casualty or Condemnation has occurred to the Property and the Net Proceeds shall be less than the Restoration Threshold and the reasonably anticipated costs of completing the Restoration shall be less than the Restoration Threshold, and provided (a) no Event of Default shall have occurred and remain uncured and (b) the Casualty or Condemnation shall have occurred prior to the Maturity Date, the Net Proceeds will be promptly disbursed by Lender to Borrower. Promptly after receipt of the Net Proceeds, Borrower shall commence and satisfactorily complete with reasonable due diligence the Restoration in accordance with the terms of this Agreement. If any Net Proceeds are received by Borrower and may be retained by Borrower pursuant to the terms hereof, such Net Proceeds shall, until completion of the Restoration, be held in trust for Lender and shall be segregated from other funds of Borrower to be used to pay for the cost of Restoration in accordance with the terms hereof.

Minor Casualty or Condemnation. If a Casualty or Condemnation has occurred to the Property and the Net Proceeds (less any business interruption proceeds) shall be less than the Restoration Threshold and the reasonably anticipated costs of completing the Restoration shall be less than the Restoration Threshold, and provided (a) no Event of Default shall have occurred and remain uncured and (b) the Casualty or Condemnation shall have occurred prior to the Maturity Dateuncured, the Net Proceeds will be disbursed by Lender to Borrower. Promptly after receipt of the Net Proceeds, subject to Legal Requirements of any Governmental Authorities, Borrower shall commence and satisfactorily complete with reasonable due diligence the Restoration in accordance with the terms of this Agreement. Article V. If any Net Proceeds (other than business interruption insurance proceeds released to Borrower pursuant to Section 5.2.3) are received by Borrower and may be retained by Borrower pursuant to the terms hereof, such Net Proceeds shall, until completion of the Restoration, be held in trust for Lender and shall be segregated from other funds of Borrower to be used to pay for the cost of Restoration in accordance with the terms hereof.

Minor Casualty or Condemnation. If a Casualty or Condemnation has occurred to the Property any one or more Individual Properties and the Net Proceeds for all Individual Properties which have suffered a Casualty or Condemnation (and have not been fully restored) shall be less than the Restoration Threshold and the reasonably anticipated costs of completing the Restoration shall be less than the Restoration Threshold, and provided (a) no Event of Default shall have occurred and remain uncured and (b) the Casualty or Condemnation shall have occurred prior to the Maturity Dateuncured, the Net Proceeds will be disbursed by Lender to Borrower. Promptly after receipt of the Net Proceeds, Borrower shall commence and satisfactorily complete with reasonable due diligence the Restoration in accordance with the terms of this Agreement. If any Net Proceeds are received by Borrower and may be retained by Borrower pursuant to the terms hereof, such Net Proceeds shall, until completion of the Restoration, be held in trust for Lender and shall be segregated from other funds of Borrower to be used to pay for the cost of Restoration in accordance with the terms hereof.

Minor Casualty or Condemnation. If a Casualty or Condemnation has occurred to the any Individual Property and the Net Proceeds shall be less than the Restoration Threshold for such Individual Property and the reasonably anticipated costs of completing the Restoration shall be less than the Restoration ThresholdThreshold for such Individual Property, and provided the conditions set forth in Section 5.3.2(a)(i) through (axi) no Event of Default shall below have occurred and remain uncured and (b) the Casualty or Condemnation shall have occurred prior to the Maturity Datebeen met, the Net Proceeds will be disbursed by Lender Agent to BorrowerBorrower and/or Security Guarantor. Promptly after receipt of the Net Proceeds, Borrower and/or Security Guarantor shall commence and satisfactorily complete with reasonable due diligence the Restoration in accordance with the terms of this Agreement. If any Net Proceeds are received by Borrower and/or Security Guarantor and may be retained by Borrower and/or Security Guarantor pursuant to the terms hereof, such Net Proceeds shall, until completion of the Restoration, be held in trust for Lender Agent and shall be segregated from other funds of Borrower and/or Security Guarantor to be used to pay for the cost of Restoration in accordance with the terms hereof.

Minor Casualty or Condemnation. If a Casualty or Condemnation has occurred to the any Individual Property and the Net Proceeds shall be less than the Restoration Threshold and the reasonably anticipated costs of completing the Restoration shall be less than the Restoration Threshold, and provided (a) no Event of Default shall have occurred and remain uncured and (b) the Casualty or Condemnation shall have occurred prior Outstanding Principal Balance is not otherwise required to the Maturity Datebe prepaid, the Net Proceeds will be disbursed by Lender to Borrower. Promptly Borrower upon receipt, and promptly after receipt of the Net Proceeds, Borrower shall commence and satisfactorily complete with reasonable due diligence the Restoration in accordance with the terms of this Agreement. If any Net Proceeds are received by Borrower and may be retained by Borrower pursuant to the terms hereof, such Net Proceeds shall, until completion of the Restoration, be held in trust for Lender and shall be segregated from other funds of Borrower to be used to pay for the cost of Restoration in accordance with the terms hereof.

Minor Casualty or Condemnation. If a Casualty or Condemnation has occurred to the Property and the Net Proceeds shall be less than the Restoration Threshold and the reasonably anticipated costs of completing the Restoration shall be less than the Restoration Threshold, and provided (a) no Event EAST\53909776.4 of Default shall have occurred and remain uncured uncured, and (bthat the condition in Section 5.3.2(a)(x) the Casualty or Condemnation shall have occurred prior to the Maturity Datebelow has been satisfied, the Net Proceeds will be disbursed by Lender to Borrower. Promptly after receipt of the Net Proceeds, Borrower shall commence and satisfactorily complete with reasonable due diligence the Restoration in accordance with the terms of this Agreement. If any Net Proceeds are received by Borrower and may be retained by Borrower pursuant to the terms hereof, such Net Proceeds shall, until completion of the Restoration, be held in trust for the benefit of Lender and shall be segregated from other funds of Borrower to be used to pay for the cost of Restoration in accordance with the terms hereof.

Minor Casualty or Condemnation. If a Casualty or Condemnation has occurred to the Property and the Net Proceeds shall be less than the Restoration Threshold and the reasonably anticipated costs of completing the Restoration shall be less than the Restoration Threshold, and provided (a) no Event of Default shall have occurred and remain uncured be continuing, and (b) that the Casualty or Condemnation shall have occurred prior to the Maturity Datecondition in Section 2.7 hereof has been satisfied, the Net Proceeds will be disbursed by Lender to Borrower. Promptly after receipt of the Net Proceeds, Borrower shall commence and satisfactorily complete with reasonable due diligence the Restoration in accordance with the terms of this Agreement. If any Net Proceeds are received by Borrower and may be retained by Borrower pursuant to the terms hereof, such Net Proceeds shall, until completion of the Restoration, be held in trust for the benefit of Lender and shall be segregated from other funds of Borrower to be used to pay for the cost of Restoration in accordance with the terms hereof.

Minor Casualty or Condemnation. If a Casualty or Condemnation has occurred to to. the Property and the Net Proceeds shall be less than the Restoration Threshold and the reasonably anticipated costs of completing the Restoration shall be less than the Restoration Threshold, and provided (a) no Event of Default shall have occurred and remain uncured and (b) the Casualty or Condemnation shall have occurred prior to the Maturity Date, the Net Proceeds will be disbursed by Lender to Borrower. Promptly after receipt of the Net Proceeds, Borrower shall commence and satisfactorily complete with reasonable due diligence the Restoration in accordance with the terms of this Agreement. If any Net Proceeds are received by Borrower and may be retained by Borrower pursuant to the terms hereof, such Net Proceeds shall, until completion of the Restoration, be held in trust for Lender and shall be segregated from other funds of Borrower to be used to pay for the cost of Restoration in accordance with the terms hereof.