Common use of Waiver; Trigger Event Clause in Contracts

Waiver; Trigger Event. Notwithstanding the foregoing, so long as no Trigger Period is then in effect, Borrower shall not be required to make deposits of the Monthly Tax Reserve Deposit. At such time, if any, as Agent reasonably determines that a Trigger Period is then in effect, Agent shall deliver to Borrower written notice of such determination, and Borrower shall and shall cause Operating Company to thereafter commence making deposits of the Monthly Tax Reserve Deposit, to the extent not otherwise transferred from the Deposit Account pursuant to Section 6.5.6 hereof and the Cash Management Agreement, so long as such Trigger Period remains in effect. Furthermore, upon the occurrence of any Trigger Event, Borrower shall and shall cause Operating Company to deposit into the Tax Funds within ten (10) Business Days after receipt of notice from Agent an amount reasonably determined by Agent to be equal to all amounts which would have been on deposit as Tax Funds as of the commencement of the Trigger Period assuming that Borrower shall have made all deposits required to be made pursuant to Section 6.1.1 since the Closing Date had the waiver of deposits provided for above in this Section 6.1.3 not been in effect, giving due consideration to all amounts that would have been payable by a disbursement from such Tax Funds since the Closing Date.

Appears in 4 contracts

Samples: Loan Agreement, Loan Agreement (Empire State Realty Trust, Inc.), Loan Agreement (Empire State Building Associates L.L.C.)

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Waiver; Trigger Event. Notwithstanding the foregoing, so long as no Trigger Period is then in effect, Borrower shall not be required to make deposits of the Monthly Tax Insurance Reserve Deposit. At such time, if any, as Agent reasonably determines that a Trigger Period is then in effect, Agent shall deliver to Borrower written notice of such determination, and Borrower shall and shall cause Operating Company to thereafter commence making deposits of the Monthly Tax Insurance Reserve Deposit, to the extent not otherwise transferred from the Deposit Account pursuant to Section 6.5.6 hereof and the Cash Management Agreement, so long as such Trigger Period remains in effect. Furthermore, upon the occurrence of any Trigger Event, Borrower shall and shall cause Operating Company to deposit into the Tax Insurance Funds within ten (10) Business Days after receipt of notice from Agent an amount reasonably determined by Agent to be equal to all amounts which would have been on deposit as Tax Insurance Funds as of the commencement of the Trigger Period assuming that Borrower shall have made all deposits required to be made pursuant to Section 6.1.1 6.2.1 since the Closing Date had the waiver of deposits provided for above in this Section 6.1.3 6.2.3 not been in effect, giving due consideration to all amounts that would have been payable by a disbursement from such Tax Insurance Funds since the Closing Date.

Appears in 4 contracts

Samples: Loan Agreement, Loan Agreement (Empire State Building Associates L.L.C.), Loan Agreement (Empire State Realty Trust, Inc.)

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