Return of Excess Amounts. If, in connection with an effective election of the Remarketing Option, the Lessee pays the Maximum Recourse Amount and relinquishes its interest in the Properties, in accordance with the provisions hereof and of the other Operative Documents, as applicable, and, at any time thereafter, the Administrative Agent shall have received as of any date of determination (whether through the Lessee's payment of such Maximum Recourse Amount, as the case may be, or through the sale or reletting of the Properties to a third party) an amount exceeding the sum of the following: (i) the Property Balance of each Property on the date of such determination, (ii) if such date of determination occurs after the Expiration Date, an Imputed Return on each Participant's outstanding Loans or Lessor Amounts made with respect to each Property, during the period from the Expiration Date to such date of determination, (iii) all costs and expenses (including, without limitation, legal costs and attorneys' fees) of each of the Participants and the Administrative Agent incurred in connection with each Property (including, without limitation, all costs and expenses incurred in connection with any reletting or sale of each Property or any portion thereof) and (iv) all other amounts owing to each of the Participants and the Administrative Agent under the Operative Documents, to the extent relating to each Property or allocable to each Property, then the Administrative Agent (or, as the case may be, the Lessor) shall pay such excess over to the Lessee.
Return of Excess Amounts. If, in connection with a Construction Return, the Lessee and Construction Agent pays the Construction Recourse Amount and, if applicable, the Land Shortfall Amount for any Property and relinquishes all of its interest in such Property, in each case in accordance with the provisions hereof, and, at any time thereafter, the Administrative Agent shall have received as of any date of determination (whether through the Lessee's payment of such Construction Recourse Amount and Land Shortfall Amount or through the sale of such Property to a third party) an amount exceeding the sum of the following: (i) the Property Balance of such Property on the date of such determination, (ii) all accrued interest on the Loans made with respect to such Property and all accrued Yield on the Agent Certificate Holders Amounts made with respect to each Property, in each case to the extent accrued and unpaid on or prior to such date of determination, (iii) if such date of determination occurs after the Expiration Date, an Imputed Return on each Participant's outstanding Loans or Agent Certificate Holders Amounts made with respect to such Property, during the period from the Expiration Date to such date of determination, (iv) all costs and expenses (including, without limitation, legal costs and attorneys' fees) of the Participants and the Administrative Agent incurred in connection with such Property (including, without limitation, all costs and expenses incurred in connection with the payment of any Construction Costs, Completion Costs and Construction Termination Costs relating to such Property, the construction of any Improvements on such Property and any reletting or sale of such Property or any portion thereof) and (v) all other amounts owing to the Participants and the Administrative Agent under the Operative Documents, to the extent relating to such Property or allocable to such Property, then the Administrative Agent shall pay such excess over to the Construction Agent.
