Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Collection Accounts or Holding Account, as applicable, as required by Section 3.1, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.4; or
Appears in 14 contracts
Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Loan and Security Agreement (Morgans Hotel Group Co.), Loan and Security Agreement (Strategic Hotels & Resorts, Inc)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Collection Accounts Account or Holding Account, as applicable, as required by Section 3.1, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.4; or
Appears in 6 contracts
Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (Digital Realty Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Collection Accounts or Holding Account, as applicable, as required by Section 3.1, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.4; or
Appears in 4 contracts
Samples: Loan and Security Agreement (Toys R Us Inc), Loan and Security Agreement (Toys R Us Inc), Loan and Security Agreement (Station Casinos Inc)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Collection Accounts Lockbox Account or Holding Cash Management Account, as applicable, as required by Section 3.1, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.4; or
Appears in 2 contracts
Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.), Loan and Security Agreement (American Financial Realty Trust)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Collection Accounts or Holding Account, as applicable, Account as required by Section 3.1, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.4; or
Appears in 2 contracts
Samples: Loan and Security Agreement (BlueLinx Holdings Inc.), Loan and Security Agreement (BlueLinx Holdings Inc.)
Misapplication of Funds. Distribute any revenue from the any Borrowing Base Property or any Proceeds in violation of the applicable provisions of this Agreement, fail to remit amounts to the Collection Accounts or Holding Account, as applicable, as required by Section 3.16, or misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.4; ordeposit.
Appears in 1 contract
Samples: Credit Agreement (Toys R Us Inc)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Collection Accounts or Holding Account, as applicable, as required by Section 3.1, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.42.1.5; or
Appears in 1 contract
Samples: Loan and Security Agreement (Bloomin' Brands, Inc.)
Misapplication of Funds. Distribute any revenue from the Mortgaged Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Collection Accounts Suspense Account or Holding Account, as applicable, Payments Account as required by Section 3.18.1, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.4; or7.1(18).
Appears in 1 contract
Samples: Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this AgreementAgreement and the Mortgage Loan Documents, fail to remit amounts to the Collection Accounts or Holding Account, as applicable, Account as required by Section 3.1this Agreement and the Mortgage Loan Documents, misappropriate any security deposit or portion thereof or apply intentionally misapply the proceeds of the Loan in violation of Section 2.1.4; oror the Mortgage Loan;
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (NRI Real Token Inc.)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Collection Accounts or Holding Account, as applicable, Account as required by Section 3.15.1, misappropriate any security deposit or portion thereof or apply intentionally misapply the proceeds of the Loan in violation of Section 2.1.4; orLoan;
Appears in 1 contract
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Collection Accounts or Holding Account, as applicable, as required by Section 3.1, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.4; or.
Appears in 1 contract
Samples: Loan and Security Agreement (Strategic Hotels & Resorts, Inc)
