Common use of SUBSTITUTE CASH MANAGEMENT AGREEMENT Clause in Contracts

SUBSTITUTE CASH MANAGEMENT AGREEMENT. If the Mortgage Loan shall have been satisfied prior to the payment in full of the Loan, the Borrowers shall, and shall cause the Mortgage Borrowers to enter into a substitute Cash Management Agreement and related lockbox agreements and pledge agreements with substantially the same terms as the agreements entered into as of the date hereof in connection with the Mortgage Loan (including, the provisions in the 77 Mortgage Loan Agreement relating to all Reserves and Collateral Accounts, Section 5.4, Article VI and Article VII of the Mortgage Loan Agreement) within five (5) days after the satisfaction of such Mortgage Loan, all of which agreements shall be for the benefit of Lender rather than Mortgage Lender. Such substitute agreements shall provide that all Receipts shall be deposited directly into the Deposit Account for disbursement in accordance with the terms of such substitute Cash Management Agreement and this Agreement. Notwithstanding the foregoing, the substitute Cash Management Agreement shall provide that the aggregate amortization payments that were being made prior to the satisfaction of the Mortgage Loan shall continue to be paid and 100% of such payments shall be distributed to Lender.

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Lodgian Inc), Mezzanine Loan Agreement (Lodgian Inc)

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SUBSTITUTE CASH MANAGEMENT AGREEMENT. If the Mortgage Loan shall have been satisfied prior to the payment in full of the Loan, the Borrowers Borrower shall, and shall cause the Mortgage Borrowers to to, enter into a substitute Cash Management Agreement and related lockbox agreements and pledge agreements with substantially the same terms as the agreements entered into as of the date hereof in connection with the Mortgage Loan (including, the provisions in the 77 Mortgage Loan Agreement relating to all Reserves and Collateral Accounts, Section 5.4, Article VI and Article VII of the Mortgage Loan Agreement) within five (5) days after the satisfaction of such Mortgage Loan, all of which agreements shall be for the benefit of Lender rather than Mortgage Lender. Such substitute agreements shall provide that all Receipts shall be deposited directly into the Deposit Account for disbursement in accordance with the terms of such substitute Cash Management Agreement and this Agreement. Notwithstanding the foregoing, the substitute Cash Management Agreement shall provide that the aggregate amortization payments that were being made prior to the satisfaction of the Mortgage Loan shall continue to be paid and 100% of such payments shall be distributed to Lender.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Lodgian Inc)

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SUBSTITUTE CASH MANAGEMENT AGREEMENT. If the any Mortgage Loan shall have been satisfied prior to the payment in full of the Loan, the Borrowers Borrower shall, and shall cause the applicable Mortgage Borrowers whose interests remain pledged pursuant to the Pledge Agreement to, enter into a substitute Cash Management Agreement and related lockbox agreements and pledge agreements with substantially the same terms as the agreements entered into as of the date hereof in connection with the such Mortgage Loan (including, the provisions in the 77 applicable Mortgage Loan Agreement relating to all Reserves and Collateral Accounts, including under Section 5.4, Article VI and Article VII of the such Mortgage Loan Agreement) within five (5) days after the satisfaction of such Mortgage Loan, all of which agreements shall be for the benefit of Lender rather than the applicable Mortgage Lender. Such substitute agreements shall provide that all Receipts from the Properties that secured such Mortgage Loan shall be deposited directly into the Deposit Account for disbursement in accordance with the terms of such substitute Cash Management Agreement and this Agreement. Notwithstanding the foregoing, the substitute Cash Management Agreement shall provide that the aggregate amortization payments that were being made prior to the satisfaction of the applicable Mortgage Loan shall continue to be paid and 100% of such payments shall be distributed to Lender.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Lodgian Inc)

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