Common use of Substitution Deposit Disbursement Clause in Contracts

Substitution Deposit Disbursement. At closing of the Substitution, Xxxxxx Xxx shall disburse the Substitution Deposit (including any interest accrued on such Substitution Deposit) directly to the applicable Collateral Pool Borrower at such time as the conditions precedent for the Substitution have been satisfied, which must occur no later than the Property Delivery Deadline. Notwithstanding the foregoing, in the event that the applicable Collateral Pool Borrower adds a Substitute Mortgaged Property to such Collateral Pool prior to the Property Delivery Deadline but the addition of such Substitute Mortgaged Property has not in and of itself satisfied the requirements to close the Substitution, the Substitution Deposit shall be reduced by the Allocable Loan Amount of such Substitute Mortgaged Property as determined by Xxxxxx Mae, and such reduction in the Substitution Deposit shall be returned to the applicable Collateral Pool Borrower, or in the case of a Letter of Credit, such Letter of Credit shall be reduced by such reduction in the Substitution Deposit.

Appears in 2 contracts

Samples: Master Credit Facility Agreement (Avalonbay Communities Inc), Master Credit Facility Agreement (Erp Operating LTD Partnership)

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Substitution Deposit Disbursement. At closing of the Substitution, Xxxxxx Xxx Lender shall disburse the Substitution Deposit (including any interest accrued on such Substitution Deposit) directly to the applicable Collateral Pool Borrower at such time as the conditions precedent for the Substitution have been satisfied, which must occur no later than the Property Delivery Deadline. Notwithstanding the foregoing, in the event that the applicable Collateral Pool Borrower adds a Substitute Mortgaged Property to such Collateral Pool prior to the Property Delivery Deadline but the addition of such Substitute Mortgaged Property has not in and of itself satisfied the requirements to close the Substitution, the Substitution Deposit shall be reduced by the Allocable Loan Amount of such Substitute Mortgaged Property as determined by Xxxxxx MaeLender, and such reduction in the Substitution Deposit shall be returned to the applicable Collateral Pool Borrower, or in the case of a Letter of Credit, such Letter of Credit shall be reduced by such reduction in the Substitution Deposit.

Appears in 2 contracts

Samples: Master Credit Facility Agreement (Archstone Inc.), Master Credit Facility Agreement (Archstone Smith Operating Trust)

Substitution Deposit Disbursement. At closing of the Substitution, Xxxxxx Xxx Lender shall disburse or return the Substitution Deposit (including any interest accrued on such Substitution Deposit) , as applicable, directly to the applicable Collateral Pool Borrower at such time as the conditions precedent for the Substitution have been satisfied, which must occur no later than the Property Delivery Deadline. Notwithstanding the foregoing, in the event that the applicable Collateral Pool Borrower adds a Substitute Mortgaged Property to such the Collateral Pool prior to the Property Delivery Deadline but the addition of such Substitute Mortgaged Property has not in and of itself satisfied the requirements to close the Substitution, the Substitution Deposit shall be reduced by the Allocable Loan Facility Amount of such Substitute Mortgaged Property as determined by Xxxxxx MaeLender, and such reduction in the Substitution Deposit shall be returned to the applicable Collateral Pool Borrower, or in the case of a Letter of Credit, such Letter of Credit shall be reduced by such reduction in the Substitution Deposit. If Borrower has not completely satisfied the requirements to close the Substitution by the Property Delivery Deadline, the terms of Section 3.05(e)(iii) shall apply with respect to the remaining Substitution Deposit.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Bre Properties Inc /Md/)

Substitution Deposit Disbursement. At closing of the Substitution, Xxxxxx Xxx Lender shall disburse or return the Substitution Deposit (including any interest accrued on such Substitution Deposit) , as applicable, directly to the applicable Collateral Pool Borrower at such time as the conditions precedent for the Substitution have been satisfied, which must occur no later than the Property Delivery Deadline. Notwithstanding the foregoing, in the event that the applicable Collateral Pool Borrower adds a Substitute an Additional Mortgaged Property to such the Collateral Pool prior to the Property Delivery Colonial/PNC ARCS β€” Master Credit Facility Agreement Deadline but the addition Addition of such Substitute Additional Mortgaged Property has not in and of itself satisfied the requirements to close the Substitution, the Substitution Deposit shall be reduced by the Allocable Loan Facility Amount of such Substitute Additional Mortgaged Property as determined by Xxxxxx MaeLender, and such reduction in the Substitution Deposit shall be returned to the applicable Collateral Pool Borrower, or in the case of a Letter of Credit, such Letter of Credit shall be reduced by such reduction in the Substitution Deposit. If Borrower has not completely satisfied the requirements to close the Substitution by the Property Delivery Deadline, the terms of Section 3.05(e)(iii) shall apply with respect to the remaining Substitution Deposit.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Colonial Properties Trust)

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Substitution Deposit Disbursement. At closing of the Substitution, Xxxxxx Xxx Lender shall disburse or return the Substitution Deposit Deposit, as applicable (including less any interest accrued on such portion of the Substitution Deposit) Costs), directly to the applicable Collateral Pool Borrower at such time as the conditions precedent in Section 3.05, Section 5.01, Section 5.05 and Section 5.06 for the Substitution have been satisfied, which must occur no later than the Property Delivery Deadline. Notwithstanding the foregoing, in the event that the applicable Collateral Pool Borrower adds a Substitute Mortgaged Property to such the Collateral Pool prior to the Property Delivery Deadline but the addition of such Substitute Mortgaged Property has not in and of itself satisfied the requirements to close the Substitutionof Section 3.05(c)(ii)(A), the Substitution Deposit shall be reduced by the Allocable Loan Facility Amount of for such Substitute Mortgaged Property as determined by Xxxxxx MaeProperty, and such reduction in the Substitution Deposit shall be returned to the applicable Collateral Pool Borrower, or in the case of a Letter of Credit, such Letter of Credit shall be reduced by such reduction in the Substitution Deposit. If Borrower has not satisfied the requirements to close the Substitution by the Property Delivery Deadline, the terms of Section 3.05(e)(iii) shall apply with respect to the remaining Substitution Deposit.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Newcastle Investment Corp)

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