Common use of Obligation to Fund; Deemed Payment Clause in Contracts

Obligation to Fund; Deemed Payment. In the event that on any Payment Date the amount in the Holding Account shall be insufficient to make all of the transfers described in Sections 9.4.1(a)(i) through and including (viii) as applicable, Borrowers shall deposit into the Deposit Account on such Payment Date the amount of such deficiency (without the need for any notice or demand from Lender (but subject to the terms of the Deposit Account Agreement)), and if Borrowers shall fail to make such deposit, the same shall be an Event of Default and, in addition to all other rights and remedies provided for hereunder, Lender may disburse and apply the amounts in the Holding Account in such order as Lender may determine. If on any Payment Date the amount in the Holding Account shall be sufficient to make all of the transfers described in Sections 9.4.1(a)(i) through and including (viii) as applicable, Borrowers shall be deemed to have paid the Monthly Debt Service Payment Amount unless Lender is legally constrained from transferring such amount as aforesaid by reason of any insolvency related to any Borrower or any other event.

Obligation to Fund; Deemed Payment. In the event that on any Payment Date the amount in the Holding Account shall be insufficient to make all of the transfers described in Sections 9.4.1(a)(i7.14(a)(i) through and including (viii) as applicable, Borrowers Obligor shall deposit into the Deposit Account on such Payment Date the amount of such deficiency (without the need for any notice or demand from Lender Agent (but subject to the terms of the Deposit Account Agreement)), and if Borrowers Obligor shall fail to make such deposit, the same shall be an Event of Default and, in addition to all other rights and remedies provided for hereunder, Lender Agent may disburse and apply the amounts in the Holding Account in such order as Lender Agent may determine. If on any Payment Date the amount in the Holding Account shall be sufficient to make all of the transfers described in Sections 9.4.1(a)(i7.14(a)(i) through and including (viii) as applicable, Borrowers Obligor shall be deemed to have paid the Monthly Debt Service Payment Amount unless Lender Agent is legally constrained from transferring such amount as aforesaid by reason of any insolvency related to any Borrower Obligor or any other event.

Obligation to Fund; Deemed Payment. In the event that on any Payment Date the amount in the Holding Account shall be insufficient to make all of the transfers described in Sections 9.4.1(a)(i9.4.1(i) through and including (viiix) as applicable, Borrowers Issuers shall deposit into the Deposit Account on such Payment Date the amount of such deficiency (without the need for any notice or demand from Lender Note Trustee (but subject to the terms of the Deposit Account Agreement)), and if Borrowers Issuers shall fail to make such deposit, the same shall be an Event of Default and, in addition to all other rights and remedies provided for hereunder, Lender Note Trustee may disburse and apply the amounts in the Holding Account in such order as Lender Note Trustee may determine. If on any Payment Date the amount in the Holding Account shall be sufficient to make all of the transfers described in Sections 9.4.1(a)(i9.4.1(i) through and including (viiix) as applicable, Borrowers Issuers shall be deemed to have paid the Monthly Debt Service Payment Amount unless Lender Note Trustee is legally constrained from transferring such amount as aforesaid by reason of any insolvency related to any Borrower Issuer or any other event.

Obligation to Fund; Deemed Payment. In the event that on any Payment Date the amount in the Holding Account shall be insufficient to make all of the transfers described in Sections 9.4.1(a)(i9.4.1(i) through and including (viiiix) as applicable, Borrowers shall deposit into the Deposit Account on such Payment Date the amount of such deficiency (without the need for any notice or demand from Lender (but subject to the terms of the Deposit Account Agreement)), and if Borrowers shall fail to make such deposit, the same shall be an Event of Default and, in addition to all other rights and remedies provided for hereunder, Lender may disburse and apply the amounts in the Holding Account in such order as Lender may determine. If on any Payment Date the amount in the Holding Account shall be sufficient to make all of the transfers described in Sections 9.4.1(a)(i9.4.1(i) through and including (viiiix) as applicable, Borrowers shall be deemed to have paid the Monthly Debt Service Payment Amount unless Lender is legally constrained from transferring such amount as aforesaid by reason of any insolvency related to any Borrower or any other event.