Common use of Operating Expense Subaccount Clause in Contracts

Operating Expense Subaccount. On each Payment Date during the continuance of a Cash Trap Period, a portion of Rents that have been deposited into the Deposit Account during the immediately preceding Interest Period in an amount equal to the monthly amount set forth in the Approved Operating Budget for the following month (plus any other amounts requested by Borrower for such month for payment of items constituting Approved Operating Expenses, which are not included in the Approved Operating Budget), shall be transferred into a Subaccount for the purpose of payment of Approved Operating Expenses for the month in which such Payment Date occurs (the "OPERATING EXPENSE SUBACCOUNT"). Provided no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Operating Expense Subaccount to Borrower (or at Borrower's direction, to the Manager), within 5 Business Days after delivery by Borrower to Lender of a request therefor (but not more often than weekly), in increments of at least $1,000, provided (i) such disbursement is for an Approved Operating Expense; and (ii) such disbursement is accompanied by (A) an Officer's Certificate certifying (1) that such funds will be used to pay Approved Operating Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses, and (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor. Notwithstanding anything to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (v) of Section 3.11(a) on the next succeeding Payment Date.

Appears in 3 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

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Operating Expense Subaccount. On each Payment Date during the continuance of a Cash Trap Period, a portion of Rents that have been deposited into the Deposit Account during the immediately preceding Interest Period in an amount equal to the monthly amount set forth in the Approved Operating Budget for the following month (plus any other amounts requested by Borrower Borrowers for such month for payment of items constituting Approved Operating Expenses, which are not included in the Approved Operating Budget), shall be transferred into a Subaccount for the purpose of payment of Approved Operating Expenses for the month in which such Payment Date occurs (the "OPERATING EXPENSE SUBACCOUNT"). Provided no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Operating Expense Subaccount to Borrower Borrowers (or at Borrower's Borrowers' direction, to the Manager), within 5 Business Days after delivery by Borrower Borrowers to Lender of a request therefor (but not more often than weekly), in increments of at least $1,000, provided (i) such disbursement is for an Approved Operating Expense; and (ii) such disbursement is accompanied by (A) an Officer's Certificate certifying (1) that such funds will be used to pay Approved Operating Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses, and (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor. Notwithstanding anything to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (v) of Section 3.11(a) on the next succeeding Payment Date.

Appears in 2 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Operating Expense Subaccount. On each Payment Date during the continuance of a Cash Trap Period, a portion of the Rents that have been deposited into the Deposit Account during the immediately preceding Interest Period in an amount equal to the monthly amount set forth in the Approved Operating Budget for the following month (plus any other amounts requested by Borrower for such month for payment of items constituting Approved Operating Expenses, which are not included in the Approved Operating Budget), shall be transferred into a Subaccount for the purpose of payment of Approved Operating Expenses for the month in which such Payment Date occurs (the "OPERATING EXPENSE SUBACCOUNT"“Operating Expense Subaccount”). Provided no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Operating Expense Subaccount to Borrower (or at Borrower's ’s direction, to the Manager), within 5 five (5) Business Days after delivery by Borrower to Lender of a request therefor (but not more often than weekly), in increments minimum amounts of at least $1,000, provided (i) such disbursement is for an Approved Operating Expense; and (ii) such disbursement is accompanied by (A) an Officer's ’s Certificate certifying (1) that such funds will be used to pay Approved Operating Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses, and (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor. Notwithstanding anything to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (v) of Section 3.11(a) on the next succeeding Payment Date.

Appears in 2 contracts

Samples: Loan Agreement (Behringer Harvard Reit I Inc), Loan Agreement (Behringer Harvard Reit I Inc)

Operating Expense Subaccount. On each Payment Date during the continuance of a Cash Trap Period, a portion of Rents that have been deposited into the Deposit Account during the immediately preceding Interest Period in an amount equal to the monthly amount set forth in the Approved Operating Budget for the following month (plus any other amounts requested by Borrower for such month for payment of items constituting Approved Operating Expenses, which are not included in the Approved Operating Budget), shall be transferred into a Subaccount for the purpose of payment of Approved Operating Expenses for the month in which such Payment Date occurs (the "OPERATING EXPENSE SUBACCOUNT"“Operating Expense Subaccount”). Provided no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Operating Expense Subaccount to Borrower (or at Borrower's ’s direction, to the Manager or Sub-Manager), within 5 five (5) Business Days after delivery by Borrower to Lender of a request therefor (but not more often than weekly), in increments of at least $1,000, provided (i) such disbursement is for an Approved Operating Expense; and (ii) such disbursement is accompanied by (A) an Officer's ’s Certificate certifying (1) that such funds will be used to pay Approved Operating Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses, and (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor. Notwithstanding anything to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (v) of Section 3.11(a) on the next succeeding Payment Date.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Operating Expense Subaccount. On each Payment Date during the continuance of a Cash Trap Period, a portion of Rents that have been deposited into the Deposit Account during the immediately preceding Interest Period in an amount equal to the monthly amount set forth in the Approved Operating Budget for the following month (plus any other amounts requested by Borrower Borrowers for such month for payment of items constituting Approved Operating Expenses, which are not included in the Approved Operating Budget), shall be transferred into a Subaccount for the purpose of payment of Approved Operating Expenses for the month in which such Payment Date occurs (the "OPERATING EXPENSE SUBACCOUNT"). Provided no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Operating Expense Subaccount to Borrower Borrowers (or at Borrower's Borrowers' direction, to the Manager), within 5 Business Days after delivery by Borrower Borrowers to Lender of a request therefor (but not more often than weekly), in increments of at least $1,000, provided (i) such disbursement is for an Approved Operating Expense; and (ii) such disbursement is accompanied by (A) an Officer's Certificate certifying (1) that such funds will be used to pay Approved Operating Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses, and (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor. Notwithstanding anything to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (vvi) of Section 3.11(a) on the next succeeding Payment Date.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Operating Expense Subaccount. On During a Cash Management Period, on each Payment Date during the continuance of a Cash Trap PeriodDate, a portion of the Rents that have been deposited into the Deposit Account during the immediately preceding Interest Period in an amount equal to the monthly amount set forth in the Approved Operating Budget for the following month (plus any other amounts requested by Borrower for such month as being necessary for payment of items constituting Approved Operating Expenses, which are not included in Expenses and Approved Capital Expenses at the Approved Operating Budget)Properties for such month, shall be transferred into a Subaccount for the purpose of payment of Approved Operating Expenses for the month in which such Payment Date occurs and Approved Capital Expenses (the "OPERATING EXPENSE SUBACCOUNT"“Operating Expense Subaccount”). Provided no Default or Event of Default has occurred and is continuing, Lender shall disburse funds held in the Operating Expense Subaccount to Borrower (or at Borrower's direction, to the Manager)Borrowers, within 5 Business Days fifteen (15) days after delivery by Borrower Borrowers to Lender of a request therefor (but not more often than weeklyonce per month), in increments of at least $1,000, provided (i) such disbursement is for an Approved Operating Expense or an Approved Capital Expense; and (ii) such disbursement is accompanied by (A) an Officer's ’s Certificate certifying (1) that such funds will be used to pay Approved Operating Expenses or Approved Capital Expenses, as applicable, and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses or Approved Capital Expenses, as applicable, and (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor. Notwithstanding anything to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (v) of Section 3.11(a) on the next succeeding Payment Date.

Appears in 1 contract

Samples: Loan Agreement (Inland Diversified Real Estate Trust, Inc.)

Operating Expense Subaccount. On During a Cash Management Period, on each Payment Date during the continuance of a Cash Trap PeriodDate, a portion of the Rents that have been deposited into the Deposit Account during the immediately preceding Interest Period in an amount equal to the monthly amount set forth in the Approved Operating Budget for the following month (plus any other amounts requested by Borrower for such month as being necessary for payment of items constituting Approved Operating Expenses, which are not included in Expenses at the Approved Operating Budget)Property for such month, shall be transferred into a Subaccount for the purpose of payment of Approved Operating Expenses for (the month in which such “Operating Expense Subaccount”). In addition, on the March Payment Date occurs of each year after which a Cash Management Period has occurred (beginning on the "OPERATING EXPENSE SUBACCOUNT"March 2006 Payment Date), and provided a Cash Management Period is then still continuing, Borrower shall deposit with Lender (for deposit into the Operating Expense Subaccount) those amounts disbursed to Borrower in accordance with this Section 3.6 during the prior calendar year which have not been used to pay Approved Operating Expenses in order to “true-up” the Approved Operating Expenses disbursed with the Approved Operating Expenses expended. Provided no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Operating Expense Subaccount to Borrower (or at Borrower's direction, to the Manager), within 5 five (5) Business Days after delivery by Borrower to Lender of a request therefor (but not more often than weeklytwice per month), in increments of at least $1,000, provided (i) such disbursement is for an Approved Operating Expense; and (ii) such disbursement is accompanied by (A) an Officer's ’s Certificate certifying (1) that such funds will be used to pay Approved Operating Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses, and (B) reasonably detailed documentation reasonably satisfactory to Lender as to the amount, necessity and purpose therefor. Notwithstanding anything to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (v) of Section 3.11(a) on the next succeeding Payment Date.

Appears in 1 contract

Samples: Loan Agreement (Hines Global REIT, Inc.)

Operating Expense Subaccount. On each Payment Date during the continuance of a Cash Trap Period, a portion of the Rents that have been deposited into the Deposit Account during the immediately preceding Interest Period in an amount equal to the monthly amount set forth in the Approved Operating Budget for the following month (plus any other amounts requested by Borrower for such month for payment of items constituting Approved Operating Expenses, which are not included in the Approved Operating Budget), shall be transferred into a Subaccount for the purpose of payment of Approved Operating Expenses for the month in which such Payment Date occurs (the "OPERATING EXPENSE SUBACCOUNT"). Provided no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Operating Expense Subaccount to Borrower (or at Borrower's direction, to the Manager), within 5 five (5) Business Days after delivery by Borrower to Lender of a request therefor (but not more often than weekly), in increments of at least $1,000, provided (i) such disbursement is for an Approved Operating Expense; and (ii) such disbursement is accompanied by (A) an Officer's Certificate certifying (1) that such funds will be used to pay Approved Operating Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses, and (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor. Notwithstanding anything to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (v) of Section 3.11(a) on the next succeeding Payment Date.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

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Operating Expense Subaccount. On During a Cash Management Period, on each Payment Date during the continuance of a Cash Trap PeriodDate, a portion of the Rents that have been deposited into the Deposit Cash Management Account during the immediately preceding Interest Period in an amount equal to the sum of the monthly amount set forth in the Approved Operating Budget and the monthly amount of Approved Additional Operating Expenses, in each case, for the following month (plus any other amounts requested by Borrower as being necessary for payment of Approved Operating Expenses and Approved Additional Operating Expenses at the Property for such month for payment of items constituting Approved Operating Expenses, which are not included in the Approved Operating Budget), shall be transferred into a Subaccount for the purpose of payment of Approved Operating Expenses for the month in which such Payment Date occurs and Approved Additional Operating Expenses (the "OPERATING EXPENSE SUBACCOUNT"“Operating Expense Subaccount”). Provided no Default or Event of Default has occurred and is continuing, Lender shall disburse funds held in the Operating Expense Subaccount to Borrower (or at Borrower's direction, to the Manager), within 5 Business Days fifteen (15) days after delivery by Borrower to Lender of a request therefor (but not more often than weeklyonce per month), in increments of at least $1,000, provided (ia) such disbursement is for an Approved Operating Expense; Expense or Approved Additional Operating Expense and (iib) such disbursement is accompanied by (Ai) an Officer's ’s Certificate certifying (1A) that such funds will be used to pay Approved Operating Expenses or Approved Additional Operating Expenses and a description thereof, (2B) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3C) that the same has not been the subject of a previous disbursement, and (4D) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses and Approved Additional Operating Expenses, and (Bii) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor. Notwithstanding anything to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (v) of Section 3.11(a) on the next succeeding Payment Date.

Appears in 1 contract

Samples: Loan Agreement (Condor Hospitality Trust, Inc.)

Operating Expense Subaccount. On each Payment Date during the continuance of a Cash Trap Period, a portion of Rents that have been deposited into the Deposit Account during the immediately preceding Interest Period in an amount equal to the monthly amount set forth in the Approved Operating Budget for the following month (plus any other amounts requested by Borrower Borrowers for such month for payment of items constituting Approved Operating Expenses, which are not included in the Approved Operating Budget), shall be transferred into a Subaccount for the purpose of payment of Approved Operating Expenses for the month in which such Payment Date occurs (the "OPERATING EXPENSE SUBACCOUNT"). Provided no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Operating Expense Subaccount to Borrower Borrowers (or at Borrower's Borrowers' direction, to the Manager), within 5 Business Days after delivery by Borrower Borrowers to Lender of a request therefor (but not more often than weekly), in increments of at least $1,000, provided (i) such disbursement is for an Approved Operating Expense; and (ii) such disbursement is accompanied by (A) an Officer's Certificate certifying (1) that such funds will be used to pay Approved Operating Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses, and (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor. Notwithstanding anything to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (v) of Section 3.11(a3.12(a) on the next succeeding Payment Date.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Operating Expense Subaccount. On each Payment Date during the continuance of a Cash Trap Period, a portion of Rents that have been deposited into the Deposit Account during the immediately preceding Interest Period in an amount equal to the monthly amount set forth in the Approved Operating Budget for the following month (plus any other amounts requested by Borrower Borrowers for such month for payment of items constituting Approved Operating Expenses, which are not included in the Approved Operating Budget), shall be transferred into a Subaccount for the purpose of payment of Approved Operating Expenses for the month in which such Payment Date occurs (the "OPERATING EXPENSE SUBACCOUNT"). Provided no Event of Default has occurred and is continuing, Lender shall disburse funds held in the Operating Expense Subaccount to Borrower Borrowers (or at Borrower's Borrowers' direction, to the Manager), within 5 Business Days after delivery by Borrower Borrowers to Lender of a request therefor (but not more often than weekly), in increments of at least $1,000, provided (i) such disbursement is for an Approved Operating Expense; and (ii) such disbursement is accompanied by (A) an Officer's Certificate certifying (1) that such funds will be used to pay Approved Operating Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses, and (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity and purpose therefor. Notwithstanding anything to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (viv) of Section 3.11(a) on the next succeeding Payment Date.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Operating Expense Subaccount. On each Payment Date during the continuance of a Cash Trap Period, a A portion of the Rents that have been deposited into the OT Deposit Account during the immediately preceding any Interest Period Period, in an amount equal to the monthly amount set forth in the Approved Operating Budget for the following month (plus any other amounts requested by Borrower for such month as being necessary for payment of items constituting Approved Operating Expenses, which are not included in Expenses at the Approved Operating Budget)Property for such month, shall be transferred into a Subaccount for of the purpose of payment of Approved Operating Expenses for the month in which such Payment Date occurs OT Deposit Account (the "OPERATING EXPENSE SUBACCOUNT")“Operating Expense Subaccount”) so that they may be disbursed pursuant to the succeeding sentence. Provided no Event of Default has occurred and is continuing, Lender shall disburse to Operating Tenant the funds held in transferred into the Operating Expense Subaccount to Borrower (or at Borrower's direction, on a daily basis in accordance with Section 3.12 for the payment of Approved Operating Expenses. In addition to the Manager)Approved Operating Expenses which are included in the Approved Operating Budget and provided no Event of Default is continuing, within 5 Business Days after delivery Borrower or Operating Tenant may request that Lender approve and disburse amounts with respect to such additional operating expenses as are incurred by or on behalf of Operating Tenant or Borrower but which are not included in the Approved Operating Budget. Operating Tenant or Borrower may make such approval requests from time to Lender of a request therefor time (but not more often than weekly), in increments of at least $1,000, ) provided (i) such disbursement is for an Approved Operating Expense; and (ii) such disbursement is accompanied by (A) an Officer's ’s Certificate certifying in the form attached hereto as Schedule 7 (1an “Operating Expense Certificate”) that such funds will be used to pay Approved Operating Expenses and a description thereof, (2) that all outstanding trade payables (other than those not yet due and payable or those to be paid from the requested disbursement or those constituting Permitted Indebtedness) have been paid in full, (3) that the same has not been the subject of a previous disbursement, and (4) that all previous disbursements have been or will be used to pay the previously identified Approved Operating Expenses, and (B) reasonably detailed documentation satisfactory to Lender as to the amount, necessity amount and purpose therefor. Notwithstanding anything Lender’s approval under this Section 3.6.1 shall not be unreasonably withheld, conditioned or delayed (and once approved, such operating expenses shall be Approved Operating Expenses). Disbursement by Lender of Approved Operating Expenses pursuant to the contrary contained herein, to the extent that (i) Borrower has requested a disbursement of funds from the Operating Expense Subaccount in accordance with the foregoing provisions and (ii) at the time of such request, the funds that have been collected in the Operating Expense Subaccount are insufficient to cover the same, then Lender this Section 3.6.1 shall nonetheless disburse additional funds that are thereafter deposited into the Operating Expense Subaccount to Borrower (without any requirement for Borrower to submit an additional request therefor); provided that sufficient funds have been collected in the Deposit Account to make the payments required under clauses (i) - (v) of Section 3.11(a) on the next succeeding Payment Datenot be unreasonably delayed.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)

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