Common use of Sub-Account Shortfalls Clause in Contracts

Sub-Account Shortfalls. If (after taking into account any sums Lender may elect to deposit into the Holding Account pursuant to Section 3.1.6(b)) that there are insufficient funds in the Holding Account to make any of the transfers required under Section 3.1.6(a)(i), (ii), (iii) or (v), as reasonably determined by Lender, Lender shall provide notice to Borrower of such insufficiency (it being understood that in no event shall Lender be required to notify Borrower of any deficiency in the Debt Service Reserve Account, such deficiency on any Payment Date being an Event of Default) and, within five (5) Business Days after receipt of said notice and prior to the expiration of any grace period applicable to such payment, Borrower shall deposit into the Holding Account an amount equal to the shortfall of available funds in the Holding Account taking into account any funds which accumulate in the Holding Account during such five (5) Business Day period. Notwithstanding anything to the contrary contained in this Agreement or in the other Loan Documents, Borrower shall not be deemed to be in default hereunder or thereunder in the event funds sufficient for a required transfer are held in an appropriate Sub-Account (other than the Master Lease Rent Shortfall Reserve Account) and Lender or Cash Management Bank fails to timely make any transfer from such Sub-Account (other than the Master Lease Rent Shortfall Reserve Account) as contemplated by this Agreement unless due to the negligence or willful misconduct of Borrower.

Sub-Account Shortfalls. If (after taking into account any sums Lender may elect to deposit into the Holding Account pursuant to Section 3.1.6(b)) that there are insufficient funds in the Holding Account to make any of the transfers required under Section 3.1.6(a)(i), (ii), (iii) or (viv), as reasonably determined by Lender, Lender shall provide notice to Borrower of such insufficiency (it being understood that in no event shall Lender be required to notify Borrower of any deficiency in the Debt Service Reserve Account, such deficiency on any Payment Date being an Event of Default) and, within five (5) Business Days after receipt of said notice and and, notwithstanding such five (5) Business Day period, prior to the expiration of any grace period applicable to such payment, Borrower shall deposit into the Holding Account an amount equal to the shortfall of available funds in the Holding Account taking into account any funds which accumulate in the Holding Account during such five (5) Business Day period. Notwithstanding anything to the contrary contained in this Agreement or in the other Loan Documents, Borrower shall not be deemed to be in default hereunder or thereunder in the event funds sufficient for a required transfer are held in an appropriate Sub-Account (other than the Master Lease Rent Shortfall Reserve Account) and Lender or Cash Management Bank fails to timely make any transfer from such Sub-Account (other than the Master Lease Rent Shortfall Reserve Account) as contemplated by this Agreement unless due to the negligence or willful misconduct of Borrower. Any amounts deposited by Borrower pursuant to this Section 3.1.6(c) in excess of the amount necessary to cure a shortfall of available funds in the Holding Account shall be promptly returned to Borrower.

Sub-Account Shortfalls. If (after taking into account any sums Lender the Administrative Agent may elect to deposit into the Holding Account pursuant to Section 3.1.6(b6.1.6(b)) that there are insufficient funds in the Holding Account to make any of the transfers required under Section 3.1.6(a)(i6.1.6(a)(i), (ii), (iii), (v), (vi) or (vvii), as reasonably determined by Lenderthe Administrative Agent, Lender the Administrative Agent shall provide notice to Borrower of such insufficiency (it being understood that in no event shall Lender the Administrative Agent be required to notify Borrower of any deficiency in the Debt Service Reserve Account), such deficiency on any Payment Date being an Event of Default) and, within five (5) Business Days after receipt of said notice and but in any event prior to the expiration of any grace period applicable to such payment, Borrower shall deposit into the Holding Account an amount equal to the shortfall of available funds in the Holding Account taking into account any funds which accumulate in the Holding Account during such five (5) Business Day period. Notwithstanding anything to the contrary contained in this Agreement or in the other Loan Credit Documents, Borrower shall not be deemed to be in default hereunder or thereunder in the event funds sufficient for a required transfer are held in an appropriate Sub-Account (other than the Master Lease Rent Shortfall Reserve Account and the Non-Toys Lease Rent Reserve Requirement Account) and Lender the Administrative Agent or Cash Management Bank fails to timely make any transfer from such Sub-Account (other than the Master Lease Rent Shortfall Reserve Account and the Non-Toys Lease Rent Reserve Requirement Account) as contemplated by this Agreement unless due to the negligence or willful misconduct of BorrowerBorrower or any PropCo Subsidiary.