Common use of Transfer of Mortgage Reserve Funds Clause in Contracts

Transfer of Mortgage Reserve Funds. If Mortgage Lender waives any reserves or escrow accounts required in accordance with the terms of the Mortgage Loan Agreement, which reserves or escrow accounts are also required in accordance with the terms of this Article VII, or if the Mortgage Loan is paid off in full (without a prepayment of the Loan in full), then Borrowers shall cause any amounts that had been, or would have been, deposited into any reserves or escrow accounts in accordance with the terms of the Mortgage Loan Agreement to be deposited or transferred to Lender in accordance with the terms of this Article VII (and Borrowers shall enter into a cash management and lockbox agreement for the benefit of Lender substantially similar to the arrangement entered into between Mortgage Borrowers and Mortgage Lender at the time of the closing of the Mortgage Loan).

Appears in 9 contracts

Samples: First Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), First Mezzanine Loan Agreement (Morgans Hotel Group Co.)

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