Common use of Monthly Funding Clause in Contracts

Monthly Funding. (a) Mezzanine Borrower hereby instructs Mezzanine Lender to transfer (and pursuant to the Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the Mezzanine Account by 11:00 am New York time on the first (1st) calendar day of each calendar month (and if such day is not a Business Day then on the immediately preceding Business Day) or as soon thereafter as there shall be sufficient collected funds on deposit in the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Loan Documents (Mezzanine), plus (x) the unpaid Debt Service (Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Loan Documents (Mezzanine) (other than any Debt Service (Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and pursuant to the Mezzanine Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (First Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the Mezzanine Account by 11:00 am a.m. New York time on the first (1st) calendar day date on which each payment of each calendar month (and if such day Master Lease Rent under the Master Lease is not a Business Day then on made to the immediately preceding Business Day) Holding Account, or as soon thereafter as there shall be sufficient collected funds on deposit in the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Mezzanine Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Mezzanine Loan Documents (Mezzanine)Documents, plus (x) the unpaid Debt Service (First Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (Mezzanine) (other than any Debt Service (First Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (First Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and pursuant to the Mezzanine Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (Fourth Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the Mezzanine Account by 11:00 am a.m. New York time on the first (1st) calendar day date on which each payment of each calendar month (and if such day Master Lease Rent under the Master Lease is not a Business Day then on made to the immediately preceding Business Day) Holding Account, or as soon thereafter as there shall be sufficient collected funds on deposit in the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Mezzanine Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Mezzanine Loan Documents (Mezzanine)Documents, plus (x) the unpaid Debt Service (Fourth Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (Mezzanine) (other than any Debt Service (Fourth Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Fourth Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and pursuant to the Mezzanine Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (Third Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the Mezzanine Account by 11:00 am a.m. New York time on the first (1st) calendar day date on which each payment of each calendar month (and if such day Master Lease Rent under the Master Lease is not a Business Day then on made to the immediately preceding Business Day) Holding Account, or as soon thereafter as there shall be sufficient collected funds on deposit in the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Mezzanine Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Mezzanine Loan Documents (Mezzanine)Documents, plus (x) the unpaid Debt Service (Third Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (Mezzanine) (other than any Debt Service (Third Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Third Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and pursuant to the Mezzanine Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (Second Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the Mezzanine Account by 11:00 am a.m. New York time on the first (1st) calendar day date on which each payment of each calendar month (and if such day Master Lease Rent under the Master Lease is not a Business Day then on made to the immediately preceding Business Day) Holding Account, or as soon thereafter as there shall be sufficient collected funds on deposit in the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Mezzanine Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Mezzanine Loan Documents (Mezzanine)Documents, plus (x) the unpaid Debt Service (Second Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (Mezzanine) (other than any Debt Service (Second Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Second Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and pursuant to the Account Agreement (Second Mezzanine) shall irrevocably authorize Cash Management Bank (Second Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the Second Mezzanine Account by 11:00 am New York time on the first (1st) calendar day of each calendar month (and if such day is not a Business Day then on the immediately preceding Business Day) or as soon thereafter as there shall be sufficient collected funds on deposit in the Second Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Loan Documents (Second Mezzanine) to cure any Default or Event of Default, any Default or Event of Default under any Senior Mezzanine Loan, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Loan Documents (Second Mezzanine), plus (x) the unpaid Debt Service (Second Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Second Mezzanine Account in any preceding month to pay any other amounts then due under the Loan Documents (Second Mezzanine) (other than any Debt Service (Second Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Second Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.NET

Monthly Funding. (a) Mezzanine Borrower hereby instructs Mezzanine Lender to transfer (and pursuant to the Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) transfer, to the Mezzanine Loan Debt Service Reserve Account, Account from the Mezzanine Account by 11:00 am a.m. New York time on the first (1st) calendar day of each calendar month (and and, if such day is not a Business Day Day, then on the immediately preceding Business Day) ), or as soon thereafter as there shall be sufficient collected funds on deposit in the Mezzanine Account, and from time to time (but no less frequently than weekly thereafteri) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, Default or to protect the Collateral (provided that Mezzanine Lender shall give Mezzanine Borrower reasonable advance notice of any Protective Advance intended to be advanced during a period in which an Event of Default has not occurred and is not continuing), together with any interest payable on such amounts pursuant to the Loan Documents (Mezzanine), plus ; (xii) funds in the amount of the unpaid Debt Service (Mezzanine) for the next occurring Payment Date, plus ; (yiii) funds in an amount equal to such payments for any prior month(s), to the extent not previously paid, plus ; and (ziv) funds in an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Loan Documents (Mezzanine) (other than any Debt Service (Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” Flow means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” Date shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and and, pursuant to the Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Accounttransfer, from the Mezzanine Account by 11:00 am a.m. New York time commencing on the first tenth (1st10th) calendar day of each calendar month (and if such day is not a Business Day then on the immediately preceding Business Day) and on each Business Day thereafter until the ninth (9th) calendar day of the next succeeding calendar month (or, if such day is not a Business Day, then the immediately preceding Business Day), or as soon thereafter as there shall be sufficient collected funds on deposit in the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Loan Documents (Mezzanine), plus (x) the unpaid Debt Service (Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month amount sufficient to pay any other amounts then due under the Loan Documents (Mezzanine) (other than any Debt Service (Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” NET EXCESS CASH FLOW means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” NET EXCESS CASH FLOW COMMENCEMENT DATE shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and and, pursuant to the Mezzanine Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (Fourth Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Accounttransfer, from the Mezzanine Account by 11:00 am a.m. New York time on the first date on which each payment of funds on deposit in the Fourth Mezzanine Debt Service Reserve Account under the Loan Agreement (1stMortgage) calendar day of each calendar month (and if such day is not a Business Day then on made to the immediately preceding Business Day) Mezzanine Account, or as soon thereafter as there shall be sufficient collected funds are in the Mezzanine Account to make the applicable transfers, commencing on deposit in the date of the first transfer of funds from the Fourth Mezzanine Debt Service Reserve Account under the Loan Agreement (Mortgage) to the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Mezzanine Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default or any Senior Mezzanine Default or Senior Mezzanine Event of Default, or to protect the Collateral or the Senior Mezzanine Collateral together with any interest payable on such amounts pursuant to the Mezzanine Loan Documents (Mezzanine)Documents, plus (x) the unpaid Debt Service (Fourth Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (Mezzanine) (other than any Debt Service (Fourth Mezzanine)). Funds representing the sum of Protective Advances, payments for prior months to the extent not previously paid, and sums deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (other than Debt Service (Fourth Mezzanine)) shall be transferred by Mezzanine Lender from the Mezzanine Account to Mezzanine Lender. Funds representing unpaid Debt Service (Fourth Mezzanine) for the next occurring Payment Date shall be transferred by Mezzanine Lender from the Mezzanine Account to the Mezzanine Debt Service Reserve Account, and on the next occurring Payment Date, Mezzanine Lender shall apply or direct Cash Management Bank (Fourth Mezzanine) to apply, the funds on deposit in the Mezzanine Debt Service Reserve Account for the payment of Debt Service (Fourth Mezzanine). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Fourth Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available Funds representing any balance in the Mezzanine Account after the foregoing transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” completed shall mean the date such amounts have been fully funded or reserved within be transferred by Mezzanine Lender from the Mezzanine Account in any given calendar monthto an account designated by Mezzanine Borrower (the “Designated Account”) within one (1) Business Day after the foregoing transfers have been completed.

Monthly Funding. (a) Mezzanine Borrower hereby instructs Mezzanine Lender to transfer (and pursuant to the Account Agreement (Junior Mezzanine) shall irrevocably authorize Cash Management Bank (Junior Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the Junior Mezzanine Account by 11:00 am New York time on the first (1st) calendar day of each calendar month (and if such day is not a Business Day then on the immediately preceding Business Day) or as soon thereafter as there shall be sufficient collected funds on deposit in the Junior Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Loan Documents (Junior Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Loan Documents (Junior Mezzanine), plus (x) the unpaid Debt Service (Junior Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Junior Mezzanine Account in any preceding month to pay any other amounts then due under the Loan Documents (Junior Mezzanine) (other than any Debt Service (Junior Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Junior Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” Flow means the amount available in the Junior Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.Net

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and and, pursuant to the Mezzanine Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (First Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Accounttransfer, from the Mezzanine Account by 11:00 am a.m. New York time on the first date on which each payment of funds on deposit in the First Mezzanine Debt Service Reserve Account under the Loan Agreement (1stMortgage) calendar day of each calendar month (and if such day is not a Business Day then on made to the immediately preceding Business Day) Mezzanine Account, or as soon thereafter as there shall be sufficient collected funds are in the Mezzanine Account to make the applicable transfers, commencing on deposit in the date of the first transfer of funds from the First Mezzanine Debt Service Reserve Account under the Loan Agreement (Mortgage) to the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Mezzanine Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Mezzanine Loan Documents (Mezzanine)Documents, plus (x) the unpaid Debt Service (First Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (Mezzanine) (other than any Debt Service (First Mezzanine)). Funds representing the sum of Protective Advances, payments for prior months to the extent not previously paid, and sums deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (other than Debt Service (First Mezzanine)) shall be transferred by Mezzanine Lender from the Mezzanine Account to Mezzanine Lender. Funds representing unpaid Debt Service (First Mezzanine) for the next occurring Payment Date shall be transferred by Mezzanine Lender from the Mezzanine Account to the Mezzanine Debt Service Reserve Account, and on the next occurring Payment Date, Mezzanine Lender shall apply or direct Cash Management Bank (First Mezzanine) to apply, the funds on deposit in the Mezzanine Debt Service Reserve Account for the payment of Debt Service (First Mezzanine). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (First Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available Funds representing any balance in the Mezzanine Account after the foregoing transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” completed shall mean the date such amounts have been fully funded or reserved within be transferred by Mezzanine Lender from the Mezzanine Account in any given calendar monthto the “Mezzanine Account” under the Second Mezzanine Loan Agreement within one (1) Business Day after the foregoing transfers have been completed.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and pursuant to the Account Agreement (Fourth Mezzanine) shall irrevocably authorize Cash Management Bank (Fourth Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank (Fourth Mezzanine) to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the Fourth Mezzanine Account by 11:00 am New York time on the first (1st) calendar day of each calendar month (and if such day is not a Business Day then on the immediately preceding Business Day) or as soon thereafter as there shall be sufficient collected funds on deposit in the Fourth Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Loan Documents (Fourth Mezzanine) to cure any Default or Event of Default, any Default or Event of Default under any Senior Mezzanine Loan, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Loan Documents (Fourth Mezzanine), plus (x) the unpaid Debt Service (Fourth Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Fourth Mezzanine Account in any preceding month to pay any other amounts then due under the Loan Documents (Fourth Mezzanine) (other than any Debt Service (Fourth Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Fourth Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” NET EXCESS CASH FLOW means the amount available in the Fourth Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 3.1.5 have been made and the term “Net Excess Cash Flow Commencement Date” NET EXCESS CASH FLOW COMMENCEMENT DATE shall mean the date such amounts have been fully funded or reserved within the Fourth Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and and, pursuant to the Mezzanine Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (Second Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Accounttransfer, from the Mezzanine Account by 11:00 am a.m. New York time on the first date on which each payment of funds on deposit in the Second Mezzanine Debt Service Reserve Account under the Loan Agreement (1stMortgage) calendar day of each calendar month (and if such day is not a Business Day then on made to the immediately preceding Business Day) Mezzanine Account, or as soon thereafter as there shall be sufficient collected funds are in the Mezzanine Account to make the applicable transfers, commencing on deposit in the date of the first transfer of funds from the Second Mezzanine Debt Service Reserve Account under the Loan Agreement (Mortgage) to the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Mezzanine Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Mezzanine Loan Documents (Mezzanine)Documents, plus (x) the unpaid Debt Service (Second Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (Mezzanine) (other than any Debt Service (Second Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Second Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and pursuant to the Account Agreement (Third Mezzanine) shall irrevocably authorize Cash Management Bank (Third Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the Third Mezzanine Account by 11:00 am New York time on the first (1st) calendar day of each calendar month (and if such day is not a Business Day then on the immediately preceding Business Day) or as soon thereafter as there shall be sufficient collected funds on deposit in the Third Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Loan Documents (Third Mezzanine) to cure any Default or Event of Default, any Default or Event of Default under any Senior Mezzanine Loan, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Loan Documents (Third Mezzanine), plus (x) the unpaid Debt Service (Third Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Third Mezzanine Account in any preceding month to pay any other amounts then due under the Loan Documents (Third Mezzanine) (other than any Debt Service (Third Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Third Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” NET EXCESS CASH FLOW means the amount available in the Third Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 3.1.5 have been made and the term “Net Excess Cash Flow Commencement Date” NET EXCESS CASH FLOW COMMENCEMENT DATE shall mean the date such amounts have been fully funded or reserved within the Third Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs Mezzanine Lender to transfer (and pursuant to the Account Agreement (Intermediate Mezzanine) shall irrevocably authorize Cash Management Bank (Intermediate Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the Intermediate Mezzanine Account by 11:00 am New York time on the first (1st) calendar day of each calendar month (and if such day is not a Business Day then on the immediately preceding Business Day) or as soon thereafter as there shall be sufficient collected funds on deposit in the Intermediate Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Loan Documents (Intermediate Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Loan Documents (Intermediate Mezzanine), plus (x) the unpaid Debt Service (Intermediate Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Intermediate Mezzanine Account in any preceding month to pay any other amounts then due under the Loan Documents (Intermediate Mezzanine) (other than any Debt Service (Intermediate Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Intermediate Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” Flow means the amount available in the Intermediate Mezzanine Account after the transfers to the Intermediate Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” Date shall mean the date such amounts have been fully funded or reserved within the Intermediate Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs Mezzanine Lender to transfer (and pursuant to the Account Agreement (Senior Mezzanine) shall irrevocably authorize Cash Management Bank (Senior Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the Senior Mezzanine Account by 11:00 am New York time on the first (1st) calendar day of each calendar month (and if such day is not a Business Day then on the immediately preceding Business Day) or as soon thereafter as there shall be sufficient collected funds on deposit in the Senior Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Loan Documents (Senior Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Loan Documents (Senior Mezzanine), plus (x) the unpaid Debt Service (Senior Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Senior Mezzanine Account in any preceding month to pay any other amounts then due under the Loan Documents (Senior Mezzanine) (other than any Debt Service (Senior Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Senior Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” Flow means the amount available in the Senior Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” Date shall mean the date such amounts have been fully funded or reserved within the Senior Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and pursuant to the Account Agreement (First Mezzanine) shall irrevocably authorize Cash Management Bank (First Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Account, from the First Mezzanine Account by 11:00 am New York time on the first (1st) calendar day of each calendar month (and if such day is not a Business Day then on the immediately preceding Business Day) or as soon thereafter as there shall be sufficient collected funds on deposit in the First Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Loan Documents (First Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Loan Documents (First Mezzanine), plus (x) the unpaid Debt Service (First Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the First Mezzanine Account in any preceding month to pay any other amounts then due under the Loan Documents (First Mezzanine) (other than any Debt Service (First Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (First Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.NET

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and and, pursuant to the Mezzanine Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (First Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Accounttransfer, from the Mezzanine Account by 11:00 am a.m. New York time on the first date on which each payment of funds on deposit in the First Mezzanine Debt Service Reserve Account under the Loan Agreement (1stMortgage) calendar day of each calendar month (and if such day is not a Business Day then on made to the immediately preceding Business Day) Mezzanine Account, or as soon thereafter as there shall be sufficient collected funds are in the Mezzanine Account to make the applicable transfers, commencing on deposit in the date of the first transfer of funds from the First Mezzanine Debt Service Reserve Account under the Loan Agreement (Mortgage) to the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Mezzanine Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Mezzanine Loan Documents (Mezzanine)Documents, plus (x) the unpaid Debt Service (First Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (Mezzanine) (other than any Debt Service (First Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (First Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and and, pursuant to the Mezzanine Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (Third Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Accounttransfer, from the Mezzanine Account by 11:00 am a.m. New York time on the first date on which each payment of funds on deposit in the Third Mezzanine Debt Service Reserve Account under the Loan Agreement (1stMortgage) calendar day of each calendar month (and if such day is not a Business Day then on made to the immediately preceding Business Day) Mezzanine Account, or as soon thereafter as there shall be sufficient collected funds are in the Mezzanine Account to make the applicable transfers, commencing on deposit in the date of the first transfer of funds from the Third Mezzanine Debt Service Reserve Account under the Loan Agreement (Mortgage) to the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Mezzanine Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or to protect the Collateral together with any interest payable on such amounts pursuant to the Mezzanine Loan Documents (Mezzanine)Documents, plus (x) the unpaid Debt Service (Third Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (Mezzanine) (other than any Debt Service (Third Mezzanine)). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Third Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available in the Mezzanine Account after the transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” shall mean the date such amounts have been fully funded or reserved within the Mezzanine Account in any given calendar month.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and and, pursuant to the Mezzanine Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (Second Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Accounttransfer, from the Mezzanine Account by 11:00 am a.m. New York time on the first date on which each payment of funds on deposit in the Second Mezzanine Debt Service Reserve Account under the Loan Agreement (1stMortgage) calendar day of each calendar month (and if such day is not a Business Day then on made to the immediately preceding Business Day) Mezzanine Account, or as soon thereafter as there shall be sufficient collected funds are in the Mezzanine Account to make the applicable transfers, commencing on deposit in the date of the first transfer of funds from the Second Mezzanine Debt Service Reserve Account under the Loan Agreement (Mortgage) to the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Mezzanine Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or any Senior Mezzanine Default or Senior Mezzanine Event of Default or to protect the Collateral or the Senior Mezzanine Collateral together with any interest payable on such amounts pursuant to the Mezzanine Loan Documents (Mezzanine)Documents, plus (x) the unpaid Debt Service (Second Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (Mezzanine) (other than any Debt Service (Second Mezzanine)). Funds representing the sum of Protective Advances, payments for prior months to the extent not previously paid, and sums deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (other than Debt Service (Second Mezzanine)) shall be transferred by Mezzanine Lender from the Mezzanine Account to Mezzanine Lender. Funds representing unpaid Debt Service (Second Mezzanine) for the next occurring Payment Date shall be transferred by Mezzanine Lender from the Mezzanine Account to the Mezzanine Debt Service Reserve Account, and on the next occurring Payment Date, Mezzanine Lender shall apply or direct Cash Management Bank (Second Mezzanine) to apply, the funds on deposit in the Mezzanine Debt Service Reserve Account for the payment of Debt Service (Second Mezzanine). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Second Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available Funds representing any balance in the Mezzanine Account after the foregoing transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” completed shall mean the date such amounts have been fully funded or reserved within be transferred by Mezzanine Lender from the Mezzanine Account in any given calendar monthto the “Mezzanine Account” under the Third Mezzanine Loan Agreement within one (1) Business Day after the foregoing transfers have been completed.

Monthly Funding. (a) Mezzanine Borrower hereby instructs irrevocably authorizes Mezzanine Lender to transfer (and and, pursuant to the Mezzanine Account Agreement (Mezzanine) shall irrevocably authorize Cash Management Bank (Third Mezzanine) to execute any corresponding instructions of Mezzanine Lender), and Mezzanine Lender shall transfer (or cause Cash Management Bank to transfer pursuant to disbursement instructions from Mezzanine Lender) to the Mezzanine Debt Service Reserve Accounttransfer, from the Mezzanine Account by 11:00 am a.m. New York time on the first date on which each payment of funds on deposit in the Third Mezzanine Debt Service Reserve Account under the Loan Agreement (1stMortgage) calendar day of each calendar month (and if such day is not a Business Day then on made to the immediately preceding Business Day) Mezzanine Account, or as soon thereafter as there shall be sufficient collected funds are in the Mezzanine Account to make the applicable transfers, commencing on deposit in the date of the first transfer of funds from the Third Mezzanine Debt Service Reserve Account under the Loan Agreement (Mortgage) to the Mezzanine Account, and from time to time (but no less frequently than weekly thereafter) funds in an amount equal to the sum of any Protective Advances which may have been advanced by (and not previously reimbursed to) the Mezzanine Lender pursuant to the terms of the Mezzanine Loan Documents (Mezzanine) to cure any Default or Event of Default, any Mortgage Default or Mortgage Event of Default, or any Senior Mezzanine Default or Senior Mezzanine Event of Default, or to protect the Collateral or the Senior Mezzanine Collateral together with any interest payable on such amounts pursuant to the Mezzanine Loan Documents (Mezzanine)Documents, plus (x) the unpaid Debt Service (Third Mezzanine) for the next occurring Payment Date, plus (y) an amount equal to such payments for any prior month(s), to the extent not previously paid, plus (z) an amount equal to the amount, if any, deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (Mezzanine) (other than any Debt Service (Third Mezzanine)). Funds representing the sum of Protective Advances, payments for prior months to the extent not previously paid, and sums deducted from the Mezzanine Account in any preceding month to pay any other amounts then due under the Mezzanine Loan Documents (other than Debt Service (Third Mezzanine)) shall be transferred by Mezzanine Lender from the Mezzanine Account to Mezzanine Lender. Funds representing unpaid Debt Service (Third Mezzanine) for the next occurring Payment Date shall be transferred by Mezzanine Lender from the Mezzanine Account to the Mezzanine Debt Service Reserve Account, and on the next occurring Payment Date, Mezzanine Lender shall apply or direct Cash Management Bank (Third Mezzanine) to apply, the funds on deposit in the Mezzanine Debt Service Reserve Account for the payment of Debt Service (Third Mezzanine). Mezzanine Borrower acknowledges that Mezzanine Lender shall not be required to make such withdrawal and deposit until such time as Mezzanine Lender is able to calculate the amount of the Debt Service (Third Mezzanine) for the next occurring Payment Date. As used herein, the term “Net Excess Cash Flow” means the amount available Funds representing any balance in the Mezzanine Account after the foregoing transfers to the Mezzanine Debt Service Reserve Account required under this Section 3.1.6 have been made and the term “Net Excess Cash Flow Commencement Date” completed shall mean the date such amounts have been fully funded or reserved within be transferred by Mezzanine Lender from the Mezzanine Account in any given calendar monthto the “Mezzanine Account” under the Fourth Mezzanine Loan Agreement within one (1) Business Day after the foregoing transfers have been completed.