Net Excess Cash Flow definition
Examples of Net Excess Cash Flow in a sentence
At such time that the Event of Default shall no longer be continuing and provided no other Event of Default shall have occurred and be continuing under the Mortgage Loan, any Senior Mezzanine Loan, or Mezzanine Loan, then all Net Excess Cash Flow shall be distributed in accordance with the provision of subsection (c) above.
From and after the transfer of such Net Excess Cash Flow to Mezzanine Borrower, Mezzanine Lender shall have no further liability or responsibility with respect to the funds so transferred or the investment thereof, such Net Excess Cash Flow shall be the property of Mezzanine Borrower and may be further distributed by Mezzanine Borrower and its Affiliates in accordance with their separate agreements.
Mezzanine Borrower hereby authorizes the filing of a form UCC-1 financing statement naming Mezzanine Borrower as debtor and Mezzanine Lender as secured party in any office (including the office of the Secretary of State of the State of Delaware) covering all property of Mezzanine Borrower (including, but not limited to, the Account Collateral (Mezzanine) and the Rate Cap Collateral (Mezzanine), but excluding Net Excess Cash Flow).
To the extent the aggregate Net Excess Cash Flow Tax Obligations of the Tenant Members is less than the Tenant Tax Withholding Amount from the prior Fiscal Year (such amount to be referred to herein as the “Excess Tax Distribution”), Tenant shall be obligated to refund the Excess Tax Distribution to the Excess Cash Flow Reserve within thirty (30) days following submittal of the Tenant Tax Obligation Reconciliation.
Provided that there is no then continuing Default or Event of Default or default or event of default under the Mortgage Loan Documents, interest paid on amounts deposited in the Mezzanine Accounts shall be disbursed to the Borrowers' Net Excess Cash Flow Account not less frequently than quarterly, except to the extent that any amounts are then required to be deposited to the Notes Reserve Fund Sub-Account pursuant to this Agreement.