Common use of Misapplication of Funds Clause in Contracts

Misapplication of Funds. Distribute any Rents or Moneys received from Accounts in violation of the provisions of Section 2.12, or fail to pledge any security deposit to Lender, or misappropriate any security deposit or portion thereof.

Appears in 14 contracts

Samples: Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc), Loan Agreement (Affordable Residential Communities Inc)

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Misapplication of Funds. Distribute any Rents or Moneys received from Accounts in violation of the provisions of Section 2.12, or fail to deposit into the Security Deposit Account or deliver to Lender and pledge to Lender any security deposit to LenderSecurity Deposit, or misappropriate any security deposit Security Deposit or portion thereof.

Appears in 3 contracts

Samples: Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.), Loan Agreement (Digital Realty Trust, Inc.)

Misapplication of Funds. Distribute any Rents or Moneys received from Accounts in violation of the provisions of Section 2.12, or fail to pledge any security deposit to LenderAgent, or misappropriate any security deposit or portion thereof.

Appears in 3 contracts

Samples: Loan Agreement (Thomas Properties Group Inc), Loan Agreement (Thomas Properties Group Inc), Loan Agreement (First Union Real Estate Equity & Mortgage Investments)

Misapplication of Funds. Distribute any Rents or Moneys received from Accounts in violation of the provisions of Section 2.123.12, or fail to pledge any security deposit to LenderAgent, or misappropriate any security deposit or portion thereof.

Appears in 2 contracts

Samples: Loan Agreement (Gramercy Capital Corp), Loan Agreement (American Financial Realty Trust)

Misapplication of Funds. Distribute any Rents Rents, Money or Moneys Proceeds received from Accounts in violation of the provisions of Section 2.12, or fail to pledge deliver any security deposit to LenderManager for deposit into the Security Deposit Accounts, fail to deposit in the Property Collection Accounts any Rents, Money or Proceeds received by a Borrower or Manager from any source other than the Property Collection Accounts or the Cash Collateral Account or misappropriate any security deposit or portion thereof.

Appears in 1 contract

Samples: Loan Agreement (American Real Estate Investment Corp)

Misapplication of Funds. Distribute any Rents Moneys or Moneys other funds received from Accounts any Bank Account in violation of the provisions of Section 2.12, or fail to pledge any security deposit to Lender, or misappropriate any security deposit or portion thereof.

Appears in 1 contract

Samples: Loan Agreement (Las Vegas Sands Inc)

Misapplication of Funds. Distribute any Rents Rents, Money or Moneys Proceeds received from Accounts in violation of the provisions of Section 2.12, or fail to pledge deliver any security deposit to LenderManager for deposit into the Security Deposit Accounts, fail to deposit in the Property Collection Accounts any Rents, Money or Proceeds received by Borrower or Manager from any source other than the Cash Collateral Account or misappropriate any security deposit or portion thereof.

Appears in 1 contract

Samples: Loan Agreement (Ambassador Apartments Inc)

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Misapplication of Funds. Distribute any Rents or Moneys received from Accounts in violation of the provisions of Section 2.12, or fail to pledge deliver any security deposit to LenderManager, or misappropriate any security deposit or portion thereof.

Appears in 1 contract

Samples: Loan Agreement (Kranzco Realty Trust)

Misapplication of Funds. Distribute any Rents or Moneys received from Accounts or under Leases or any Proceeds of the Assets or the Additional Collateral in violation of the provisions of Section 2.12, or fail to pledge any security deposit to Lender, or misappropriate any security deposit or portion thereof.

Appears in 1 contract

Samples: Loan Agreement (Echelon International Corp)

Misapplication of Funds. Distribute any payments, collections, Rents or Moneys received from Accounts in violation of the provisions of Section 2.12, or fail to pledge deliver any security deposit to LenderCollateral Agent, or misappropriate any security deposit or portion thereof.

Appears in 1 contract

Samples: Loan Agreement (Asset Investors Corp)

Misapplication of Funds. Distribute any Rents Rents, Money or Moneys Proceeds received from Accounts in violation of the provisions of Section 2.12, or fail to pledge deliver any security deposit to LenderManager for deposit into the Security Deposit Accounts, fail to deposit (if required to deposit) in the applicable Collection Account any Rents, Money or Proceeds received by FFC, FOH or Manager from any source other than the Cash Collateral Account or misappropriate any security deposit or portion thereof.

Appears in 1 contract

Samples: Loan Agreement (Forum Group Inc)

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