Release of Tax Funds. Provided no Event of Default shall have occurred and be continuing, Lender shall, or shall direct Servicer to, apply the Tax Funds, if any, in the Tax Account to payments of Taxes. In making any payment relating to Taxes, Lender may do so according to any bxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) without inquiry into the accuracy of such bxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If at any time the amount of the Tax Funds shall exceed the amounts due for Taxes, Lender shall, or shall direct Servicer to, deposit such excess (as determined by Lender in its reasonable discretion) into the Cash Management Account to be applied in accordance with Section 6.11.1 or credit such excess against future payments to be made to the Tax Funds, such election to be made by Lender in its sole discretion. Any Tax Funds remaining in the Tax Account after the Obligations have been paid in full shall be returned to Borrower.
Appears in 2 contracts
Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)
Release of Tax Funds. Provided no Event of Default shall have occurred exist and be continuingremain uncured, Lender shall, or shall direct Servicer to, apply the Tax Funds, if any, in the Tax Account to payments of Taxes. In making any payment relating to Taxes, Lender may do so according to any bxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) without inquiry into the accuracy of such bxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If at any time the amount of the Tax Funds shall exceed the amounts due for Taxes, Lender shall, or shall direct Servicer to, deposit disburse such excess (as determined by Lender to Borrower, unless a Cash Trap Period is continuing, in its reasonable discretion) which event such excess shall be deposited into the Cash Management Account to be applied in accordance with Section 6.11.1 6.11.1, or credit such excess against future payments to be made to the Tax Funds, such election to be made by Lender in its sole discretion. Any Tax Funds remaining in the Tax Account after the Obligations have been paid in full shall be returned to Borrower.
Appears in 2 contracts
Samples: Loan Agreement (Moody National REIT I, Inc.), Loan Agreement (Moody National REIT I, Inc.)
Release of Tax Funds. Provided no Event of Default shall have occurred exist and be continuingremain uncured, Lender shall, or shall direct Servicer to, apply the Tax Funds, if any, in the Tax Account to payments of Taxes. In making any payment relating to Taxes, Lender may do so according to any bxxxxxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) without inquiry into the accuracy of such bxxxxxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If at any time the amount of the Tax Funds shall exceed the amounts due for Taxes, Lender shall, or shall direct Servicer to, deposit disburse such excess (as determined by Lender to Borrower, unless a Cash Management Period has occurred and is continuing, in its reasonable discretion) which event such excess shall be deposited into the Cash Management Account to be applied in accordance with Section 6.11.1 6.11.1, or credit such excess against future payments to be made to the Tax Funds, such election to be made by Lender in its sole discretion. Any Tax Funds remaining in the Tax Account after the Obligations have been paid in full shall be returned to Borrower.
Appears in 1 contract
Samples: Loan Agreement (Sun Communities Inc)
Release of Tax Funds. Provided no Event of Default shall have occurred exist and be continuingremain uncured, Lender shall, or shall direct Servicer to, apply the Tax Funds, if any, in the Tax Account to payments of Taxes. In making any payment relating to Taxes, Lender may do so according to any bxxxxxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) without inquiry into the accuracy of such bxxxxxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If at any time the amount of the Tax Funds shall exceed the amounts due for Taxes, Lender shall, or shall direct Servicer to, deposit disburse such excess (as determined by Lender to Borrower, unless a Cash Trap Period is continuing, in its reasonable discretion) which event such excess shall be deposited into the Cash Management Account to be applied in accordance with Section 6.11.1 6.11.1, or credit such excess against future payments to be made to the Tax Funds, such election to be made by Lender in its sole discretion. Any Tax Funds remaining in the Tax Account after the Obligations have been paid in full shall be returned to Borrower.
Appears in 1 contract
Release of Tax Funds. Provided no Event of Default shall have occurred exist and be continuingremain uncured, Lender shall, or shall direct Servicer to, apply the Tax Funds, if any, in the Tax Account to payments of Taxes. In making any payment relating to Taxes, Lender may do so according to any bxxxxxxx, statement or estimate procured from the appropriate public office (with respect to Taxes) without inquiry into the accuracy of such bxxxxxxx, statement or estimate or into the validity of any tax, assessment, sale, forfeiture, tax lien or title or claim thereof. If at any time the amount of the Tax Funds shall exceed the amounts due for Taxes, Lender shall, or shall direct Servicer to, deposit disburse such excess (as determined by Lender to Borrower, unless a Sweep Event has occurred, in its reasonable discretion) which event such excess shall be deposited into the Cash Management Account to be applied in accordance with Section 6.11.1 6.11.1, or credit such excess against future payments to be made to the Tax Funds, such election to be made by Lender in its sole discretion. Any Tax Funds remaining in the Tax Account after the Obligations have been paid in full shall be returned to Borrower.
Appears in 1 contract