Excess Cash Flow Funds definition

Excess Cash Flow Funds shall have the meaning set forth in Section 8.5 hereof.

Excess Cash Flow Funds and the account in which such amounts are held by Lender shall hereinafter be referred to as the “Excess Cash Flow Account.”

Excess Cash Flow Funds means, collectively, the Borrower Excess Cash Flow and the Master Tenant Excess Cash Flow.

Examples of Excess Cash Flow Funds in a sentence

• Provided no Event of Default has occurred and is continuing, any Excess Cash Flow Funds remaining in the Excess Cash Flow Account shall be disbursed to Borrower upon the expiration of any Trigger Period in accordance with the applicable terms and conditions hereof.

• Provided none of a Trigger Period, a Mezzanine A Trigger Period, or a Mezzanine B Trigger Period has occurred and is continuing, any Excess Cash Flow Funds remaining in the Excess Cash Flow Account shall be promptly disbursed to Borrower upon the expiration of any Trigger Period in accordance with the applicable terms and conditions hereof.

• Provided no Event of Default has occurred and is continuing, Lender shall cause any Excess Cash Flow Funds remaining in the Excess Cash Flow Account to be disbursed to Borrower provided that no Trigger Period pursuant to any of clauses (A)(ii) in the definition thereof is continuing.

• Amounts deposited from time to time into the Excess Cash Flow Account pursuant to this Section 6.9 and Section 6.11 are referred to herein as the "Excess Cash Flow Funds." Upon a termination, if any, of a Sweep Event Period, provided no other Sweep Event Period is continuing, Lender shall distribute the Excess Cash Flow Funds on deposit in the Excess Cash Flow Account to Borrower.

• In the event that a Trigger Period no longer is continuing but a Mezzanine A Trigger Period then exists, any Excess Cash Flow Funds remaining in the Excess Cash Flow Account shall be promptly disbursed to Mezzanine A Lender.

More Definitions of Excess Cash Flow Funds

Excess Cash Flow Funds and the account in which such amounts are held shall hereinafter be referred to as the “Excess Cash Flow Account”). Upon the termination of each Trigger Period, all amounts (if any) then remaining on deposit in the Excess Cash Flow Account shall be disbursed to Borrower’s Operating Account.

Excess Cash Flow Funds shall have the meaning set forth in Section 7.4 hereof. “Exchange Act” shall mean the Securities and Exchange Act of 1934, as amended. “Exchange Act Filing” shall have the meaning set forth in Section 9.1 hereof. “Exculpated Parties” shall have the meaning set forth in Section 12.1 hereof. “Existing Lender” shall mean Key Bank, as master servicer for U.S. Bank solely in its capacity as trustee for the benefit of the holders of the GS Mortgage Securities Trust 2018- XXXX, Commercial Mortgage Pass-Through Certificates, Series 2018-XXXX. “Existing Loan” shall mean the mortgage loan encumbering the Property as of the Closing Date (other than the Individual Property known as Xxxxxxxxxx Heights and the Individual Property known as Atrium II) which loan is being repaid in full simultaneously with the closing of the Loan from the proceeds of the Loan and/or the Junior Loan. “Exit Fee” shall mean an amount equal to two percent (2.0%) of the face amount of the Note. “FATCA” shall means Sections 1471 through 1474 of the IRS Code, as of the date of this Agreement (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future regulations or official

Excess Cash Flow Funds shall have the meaning set forth in Section 8.5 hereof. “Exchange Act” shall mean the Securities and Exchange Act of 1934, as amended.

Excess Cash Flow Funds shall have the meaning set forth in Section 7.6 hereof. “Excess Operating Expense Disbursement” shall mean, with respect to any applicable Monthly Payment Date, the amount received by Borrower pursuant to Section 8.3(j) less the amount thereof actually spent on Approved Operating Expenses and Approved Extraordinary Expenses, which such determination shall be made by Lender in good faith and shall be final absent manifest error. “Exchange Act” shall mean the Securities and Exchange Act of 1934, as amended. “Exchange Act Filing” shall have the meaning set forth in Section 9.1 hereof. “Exculpated Parties” shall have the meaning set forth in Section 12.1 hereof. “Existing Lender” shall mean Key Bank, as master servicer for U.S. Bank solely in its capacity as trustee for the benefit of the holders of the GS Mortgage Securities Trust 2018- XXXX, Commercial Mortgage Pass-Through Certificates, Series 2018-XXXX. “Existing Loan” shall mean the mortgage loan encumbering the Property as of the Closing Date (other than the Individual Property known as Xxxxxxxxxx Heights and the Individual Property known as Atrium II) which loan is being repaid in full simultaneously with the closing of the Loan from the proceeds of the Loan and/or the Junior Loan. “Exit Fee” shall mean an amount equal to two (2) percent (2.0%) of the face amount of the Note. “FATCA” shall means Sections 1471 through 1474 of the IRS Code, as of the date of this Agreement (or any amended or successor version that is substantively comparable and not materially more onerous to comply with), any current or future regulations or official interpretations thereof, any agreements entered into pursuant to Section 1471(b)(1) of the IRS Code, and any fiscal or regulatory legislation, rules or practices adopted pursuant to any

Excess Cash Flow Funds. Provided no Event of Default has occurred and is continuing, on each Monthly Payment Date occurring after the Anticipated Repayment Date, all funds in the Excess Cash Flow Account shall be applied by Lender first to reduce the outstanding principal balance of the Loan with any remaining amounts to be applied toward the Accrued Interest. Provided no Event of Default has occurred and is continuing, any Excess Cash Flow Funds remaining in the Excess Cash Flow Account shall be disbursed to Borrower upon the expiration of any Trigger Period in accordance with the applicable terms and conditions hereof. Any Excess Cash Flow Funds remaining on deposit in the Excess Cash Flow Account after the Debt has been paid in full or following a Total Defeasance Event shall be paid to Borrower.

Excess Cash Flow Funds. Provided no Event of Default is continuing, the requirement to make any deposits of Excess Cash Flow into the Excess Cash Flow Account shall be waived to the extent funds on deposit therein are equal to at least $75,000,000.00, and in such event, any funds that would otherwise be required to be deposited into the Excess Cash Flow Account in excess of such funds that would be required to cause the balance therein to equal $75,000,000.00 shall be remitted to Borrower.

Excess Cash Flow Funds shall have the meaning set forth in Section 6.9. "Exchange Act" shall have the meaning set forth in Section 9.2(a). "Exchange Act Filing" shall have the meaning set forth in Section 9.l(c)(vi).