Common use of Application After Event of Default Clause in Contracts

Application After Event of Default. Notwithstanding anything to the contrary contained in this Article 6, upon the occurrence of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee then in the possession of Lender, Servicer or the Deposit Bank (including any Gross Revenue) and apply such funds to the items for which the Reserve Funds were established or to the payment of the Debt in such order, proportion and priority as Lender may determine in its sole discretion. Lender’s right to withdraw and apply any of the foregoing funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents.

Appears in 4 contracts

Samples: Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc), Loan Agreement (Ashford Hospitality Trust Inc)

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Application After Event of Default. Notwithstanding anything to the contrary contained in this Article 6, upon the occurrence of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee Borrower then in the possession of Lender, Servicer or the Deposit Cash Management Bank (including any Gross Revenue) and apply such funds to the items for which the Reserve Funds were established or to the payment of the Debt in such order, proportion and priority as Lender may determine in its sole discretion. Lender’s 's right to withdraw and apply any of the foregoing funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Lodging Fund REIT III, Inc.), Loan Agreement (Lodging Fund REIT III, Inc.)

Application After Event of Default. Notwithstanding anything to the contrary contained in this Article 6, upon the occurrence of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee Borrower then in the possession of Lender, Lender or Servicer or the Deposit Bank (including any Gross Revenue) and apply such funds to the items for which the Reserve Funds were established or to the payment of the Debt in such order, proportion and priority as Lender may determine in its sole and absolute discretion. Lender’s right to withdraw and apply any of the foregoing funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents.

Appears in 2 contracts

Samples: First Mezzanine Loan Agreement (Clipper Realty Inc.), Second Mezzanine Loan Agreement (Clipper Realty Inc.)

Application After Event of Default. Notwithstanding anything to the contrary contained in this Article 6Section 2.7, upon after the occurrence and during the continuance of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee Borrower then in the possession of Lender, Servicer or the Deposit Lockbox Bank (including any Gross Revenue) and apply such funds to the items for which the Reserve Funds were established or to the payment of the Debt Obligations in such order, proportion and priority as Lender may determine in its sole discretion. Lender’s right to withdraw and apply any of the foregoing funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Application After Event of Default. Notwithstanding anything to the contrary contained in this Article 6, upon the occurrence of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee Borrower then in the possession of Lender, Servicer or the Deposit Bank (including any Gross Revenue) and apply such funds to the items for which the Reserve Funds were established or to the payment of the Debt in such order, proportion and priority as Lender may determine in its sole discretion. Lender’s right to withdraw and apply any of the foregoing funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Application After Event of Default. Notwithstanding anything to the contrary contained in this Article 6Section 6.7.1, upon the occurrence of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee Borrower then in the possession of Lender, Servicer or the Deposit Bank (including any Gross Revenue) and apply such funds to the items for which the Reserve Funds were established or to the payment of the Debt in such order, proportion and priority as Lender may determine in its sole discretion. Lender’s right to withdraw and apply any of the foregoing funds Reserve Funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.)

Application After Event of Default. Notwithstanding anything to the contrary contained in this Article 6, upon the occurrence and during the continuance of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee Borrower then in the possession of Lender, Servicer or the Deposit Bank (including any Gross Revenue) and apply such funds to the items for which the Reserve Funds were established or to the payment of the Debt in such order, proportion and priority as Lender may determine in its sole discretion. Lender’s right to withdraw and apply any of the foregoing funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents, but subject to the limitations set forth in this Section 6.5.3.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.)

Application After Event of Default. Notwithstanding anything to the contrary contained in this Article 6, upon the occurrence of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee Borrower then in the possession of Lender, Servicer or the Deposit Cash Management Bank (including any Gross Revenue) and apply such funds to the items for which the Reserve Funds were established or to the payment of the Debt in such order, proportion and priority as Lender may determine in its sole discretion. Lender’s right to withdraw and apply any of the foregoing funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (United Realty Trust Inc)

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Application After Event of Default. Notwithstanding anything to the contrary contained in this Article ARTICLE 6, upon the occurrence and during the continuance of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee then in the possession of Lender, Servicer or the Deposit Bank (including any Gross Revenue) and apply such funds to the items for which the Reserve Funds were established or to the payment of the Debt in such order, proportion and priority as Lender may determine in its sole discretion. Lender’s 's right to withdraw and apply any of the foregoing funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents.. 146

Appears in 1 contract

Samples: Loan Agreement (Horizon Group Properties Inc)

Application After Event of Default. Notwithstanding anything to the contrary contained in this Article 6Section 2.6, upon the occurrence of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee Borrower then in the possession of Lender, Servicer or the Deposit Property Account Bank (including any Gross Revenue) and apply such funds to the items for which the Reserve Funds were established or to the payment of the Debt Obligations and the Other Borrower Obligations in such order, proportion and priority as Lender may determine in its sole discretion. Lender’s right to withdraw and apply any of the foregoing funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Wyndham International Inc)

Application After Event of Default. Notwithstanding anything to the contrary contained in this Article 6, upon the occurrence of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee Borrower then in the possession of Lender, Servicer or the Deposit Bank (including any Gross Revenue) and apply such funds to the items for which the Reserve Funds were established or to the payment of the Debt in such order, proportion and priority as Lender may determine in its sole discretion. Lender’s right to withdraw and apply any of the foregoing funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents.Documents.‌

Appears in 1 contract

Samples: Mezzanine Loan Agreement

Application After Event of Default. Notwithstanding anything to the contrary contained in this Article 6Section 6.7.1, upon the occurrence of an Event of Default, Lender, at its option, may withdraw the Reserve Funds and any other funds of Borrowers or Operating Lessee Borrower then in the possession of Lender, Servicer or the Deposit Bank (including any Gross Revenue) and apply such funds to the items for EAST\53909776.4 which the Reserve Funds were established or to the payment of the Debt in such order, proportion and priority as Lender may determine in its sole discretion. Lender’s right to withdraw and apply any of the foregoing funds Reserve Funds shall be in addition to all other rights and remedies provided to Lender under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (O'Donnell Strategic Industrial REIT, Inc.)

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