Deficiency Deposit definition

Deficiency Deposit shall have the meaning ascribed to such term in Section 9.1.

Deficiency Deposit has the meaning assigned in Section 4.3.

Deficiency Deposit. As defined in Section 11.2.

Examples of Deficiency Deposit in a sentence

• Amounts held by Lender as the Restoration Deficiency Deposit shall be disbursed in accordance with this Section 9.04.

• The Deficiency Deposit shall first be exhausted before any further disbursement of Loan proceeds shall be made.

• Lender shall not be obligated to disburse Restoration Proceeds or amounts from the Restoration Holdback when an Event of Default exists, and upon the occurrence of an Event of Default, any undisbursed portion of the Restoration Proceeds (including the Restoration Deficiency Deposit and the Restoration Holdback) may, at Lender's option, be applied against the Loan, whether or not then due or accelerated, in such order and manner as Lender determines.

• Lender shall not be obligated to disburse Restoration Proceeds or amounts from the Restoration Holdback when an Event of Default exists, and upon the occurrence of an Event of Default, any undisbursed portion of the Restoration Proceeds (including the Restoration Deficiency Deposit and the Restoration Holdback) may, at Lender’s option, be applied against the Loan, whether or not then due or accelerated, in such order and manner as Lender determines.

• Borrower agrees that the decision with respect to utilizing portions of the Contingency Fund in order to keep the Loan In Balance shall be made by Lender in its reasonable discretion, and that Lender may require Borrower to make a Deficiency Deposit even if funds remain in the Contingency Fund.

More Definitions of Deficiency Deposit

Deficiency Deposit. As such term is defined in Section 11.1. Eligible Assignee: (i) Any Lender; (ii) any commercial bank, savings bank, savings and loan association or similar financial institution which (A) has total assets of Five Billion Dollars ($5,000,000,000) or more, (B) is “well capitalized” within the meaning of such term under the regulations promulgated under the auspices of the Federal Deposit Insurance Corporation Improvement Act of 1991, (C) in the reasonable judgment of the Agent, is engaged in the business of lending money and extending credit, and buying loans or participations in loans under credit facilities substantially similar to those extended under this Agreement, and (D) in the reasonable judgment of the Agent, is operationally and procedurally able to meet the obligations of a Lender hereunder to the same degree as a commercial bank; (iii) any insurance company in the business of writing insurance which (A) has total assets of Five Billion Dollars ($5,000,000,000) or more (B) is “best capitalized” within the meaning of such term under the applicable regulations of the National Association of Insurance Commissioners, and (C) meets the requirements set forth in subclauses (C) and (D) of clause (ii) above; and (iv) any other financial institution having total assets of Five Billion Dollars ($5,000,000,000) (including a mutual fund or other fund under management of any investment manager having under its management total assets of Five Billion Dollars ($5,000,000,000) or more) which meets the requirement set forth in subclauses (C) and (D) of clause (ii) above; provided that each Eligible Assignee must (w) be organized under the Laws of the United States of America, any state thereof or the District of Columbia, or, if a commercial bank, be organized under the Laws of the United States of America, any state thereof or the District of Columbia, the Cayman Islands or any country which is a member of the Organization for Economic Cooperation and Development, or a political subdivision of such a country, (x) act under the Loan Documents through a branch, agency or funding office located in the United States of America, (y) be exempt from withholding of tax on interest and deliver the documents related thereto pursuant to the Internal Revenue Code as in effect from time to time and (z) not be the Borrower or an Affiliate of the Borrower. Engineer: EYP Mission Critical Engineering.

Deficiency Deposit. As such term is defined in Section 11.1. Derivatives Contract: Any and all rate swap transactions, basis swaps, credit derivative transactions, forward rate transactions, commodity swaps, commodity options, forward commodity contracts, equity or equity index swaps or options, bond or bond price or bond index swaps or options or forward bond or forward bond price or forward bond index transactions, interest rate options, forward foreign exchange transactions, cap transactions, floor transactions, collar transactions, currency swap transactions, cross-currency rate swap transactions, currency options, spot contracts, or any other similar transactions or any combination of any of the foregoing (including any options to enter into any of the foregoing), whether or not any such transaction is governed by or subject to any master agreement. Not in limitation of the foregoing, the term “Derivatives Contract” includes any and all transactions of any kind, and the related confirmations, which are subject to the terms and conditions of, or governed by, any form of master agreement published by the International Swaps and Derivatives Association, Inc., any International Foreign Exchange Master Agreement, or any other master agreement, including any such obligations or liabilities under any such master agreement.

Deficiency Deposit. As such term is defined in Section 11.1. ------------------ ------------- Environmental Indemnity: An environmental indemnity from the Borrower and ------------------------ Guarantors, jointly and severally, indemnifying Lender with regard to all matters related to Hazardous Material and other environmental matters.

Deficiency Deposit means cash or cash equivalents in the amount of the Deficiency to be deposited with a third party bank designated by Investcorp, to secure Ramco's obligation to pay for and to pay for the Remediation Work; and (ii) with respect to Rivertowne (A) Office Depot's encroachment on a twelve- (12) foot sanitary sewer easement recorded in Official Records Book 8810, Page 521; (B) former "Olive Garden" encroachment on a thirty- (30) foot access easement recorded in Official Records Book 8004, Page 590; (C) requirement for platting by the County; or (D) all or a portion of the Master Lease premises being subleased to a subtenant which Investcorp rejects or the Master Lease being assigned to a person or entity which Investcorp rejects;

Deficiency Deposit shall have the meaning ascribed thereto in Section 6.3(c).

Deficiency Deposit. As such term is defined in Section 12.1. Depositary Bank: Bank of Hawaii or another bank reasonably acceptable to Lender.

Deficiency Deposit. As defined in Section 7.1. Deposit Account Security and Control Agreement (Operating Account): The Deposit Account Security and Control Agreement, dated as of the date hereof, between Borrower, Lender, Property Manager and Depositary Bank.