Payments Received Under this Agreement. Notwithstanding anything to the contrary contained in this Agreement or the other Loan Documents, provided no Event of Default has occurred and is continuing, Borrower’s obligations with respect to the monthly payment of Debt Service shall (provided Mortgage Lender is not prohibited from withdrawing or applying any funds in the Mezzanine A Debt Service Account (as defined in the Mortgage Loan Agreement) by operation of law or otherwise) be deemed satisfied to the extent sufficient amounts are deposited in the Mezzanine A Debt Service Account to satisfy such obligations on the dates each such payment is required, regardless of whether any of such amounts are so applied by Mortgage Lender. The insufficiency of funds on deposit in the Accounts (as defined in the Mortgage Loan Agreement) shall not absolve Borrower of the obligation to make any payments, as and when due pursuant to this Agreement and the other Loan Documents, and such obligations shall be separate and independent, and not conditioned on any event or circumstance whatsoever.
Appears in 2 contracts
Samples: Mezzanine a Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.), Mezzanine a Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)
Payments Received Under this Agreement. The insufficiency of funds on deposit in the Accounts shall not relieve Borrower from the obligation to make any payments, as and when due pursuant to this Agreement, the Note and the other Loan Documents, and such obligation shall be separate and independent, and not conditioned on any event or circumstance whatsoever. Borrower shall in all events be required to pay when due hereunder all monthly installments of interest on the Loan, all monthly deposits for reserves and escrows (if any are maintained pursuant to Article VI hereof) and all other amounts due under this Agreement, the Note and the other Loan Documents, regardless of whether funds are deposited or held in sufficient amount in, or disbursed from, the Mezzanine Deposit Account or any other Accounts. Notwithstanding anything to the contrary contained in this Agreement Agreement, the Note or the other Loan Documents, and provided that no Event of Default has shall have occurred and is continuingremain outstanding, Borrower’s obligations with respect to the monthly payment of the Monthly Debt Service Payment Amount and amounts required to be deposited into the Reserve Funds, if any, shall (provided Mortgage Lender is not prohibited from withdrawing or applying any funds in the Mezzanine A Debt Service Account (as defined in the Mortgage Loan Agreement) by operation of law or otherwise) be deemed satisfied to the extent sufficient amounts are deposited in the Mezzanine A Debt Service Deposit Account to satisfy such obligations pursuant to this Agreement on the dates each such payment is required, regardless of whether any of such amounts are so applied by Mortgage Lender. The insufficiency of funds on deposit in the Accounts (as defined in the Mortgage Loan Agreement) shall not absolve Borrower of the obligation to make any payments, as and when due pursuant to this Agreement and the other Loan Documents, and such obligations shall be separate and independent, and not conditioned on any event or circumstance whatsoever.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (Hersha Hospitality Trust)
Payments Received Under this Agreement. The insufficiency of funds on deposit in the Accounts shall not relieve Borrower from the obligation to make any payments, as and when due pursuant to this Agreement, the Note and the other Loan Documents, and such obligation shall be separate and independent, and not conditioned on any event or circumstance whatsoever. Borrower shall in all events be required to pay when due hereunder all monthly installments of principal and/or interest on the Loan, all monthly deposits for reserves and escrows (if any are required pursuant to Article VI hereof) and all other amounts due under this Agreement, the Note and the other Loan Documents, regardless of whether funds are deposited or held in sufficient amount in, or disbursed from, the Mezzanine Deposit Account or any other Accounts. Notwithstanding anything to the contrary contained in this Agreement Agreement, the Note or the other Loan Documents, and provided that no Event of Default has shall have occurred and is continuingremain outstanding, Borrower’s 's obligations with respect to the monthly payment of the Monthly Debt Service Payment Amount and amounts required to be deposited into the Reserve Funds, if any, shall (provided Mortgage Lender is not prohibited from withdrawing or applying any funds in the Mezzanine A Debt Service Account (as defined in the Mortgage Loan Agreement) by operation of law or otherwise) be deemed satisfied to the extent sufficient amounts are deposited in the Mezzanine A Debt Service Deposit Account to satisfy such obligations pursuant to this Agreement on the dates each such payment is required, regardless of whether any of such amounts are so applied by Mortgage Lender. The insufficiency of funds on deposit in the Accounts (as defined in the Mortgage Loan Agreement) shall not absolve Borrower of the obligation to make any payments, as and when due pursuant to this Agreement and the other Loan Documents, and such obligations shall be separate and independent, and not conditioned on any event or circumstance whatsoever.
Appears in 1 contract
Samples: Mezzanine Loan Agreement (KBS Strategic Opportunity REIT, Inc.)