Common use of Cash Management Account Clause in Contracts

Cash Management Account. (a) Lender or its Servicer shall establish and maintain a segregated Eligible Account (the “Cash Management Account”) to be held by Servicer in trust for the benefit of Lender, which Cash Management Account shall be under the sole dominion and control of Lender. The Cash Management Account shall be entitled “BlueLinx Holdings, Inc. for the benefit of Column Financial, Inc. - Cash Management Account.” Borrower shall deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Cash Management Account. Borrower shall deposit, or cause to be deposited, all amounts received by, or on behalf of, Borrower constituting Rents into the Cash Management Account within one (1) Business Day after receipt thereof. Borrower (i) hereby grants to Lender a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Cash Management Account, including, without limitation, executing and filing UCC-1 Financing Statements and continuations thereof. Borrower will not in any way alter or modify the Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by Borrower.

Appears in 1 contract

Samples: Loan Agreement (BlueLinx Holdings Inc.)

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Cash Management Account. (a) Lender or its Servicer Borrower shall establish and maintain a segregated Eligible Account (the “Cash Management Account”) to be held by Servicer in trust for the benefit of Lender, which Cash Management Account shall be under the sole dominion and control of Lender. The Cash Management Account shall be entitled “BlueLinx HoldingsJPMorgan Chase Bank, Inc. for the benefit as Lender, pursuant to Loan Agreement dated as of Column FinancialAugust 19, Inc. - 2004 – Cash Management Account.” Borrower shall deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Cash Management Account. Borrower shall deposit, or cause to be deposited, all amounts received by, or on behalf of, Borrower constituting Rents into the Cash Management Account within one (1) Business Day after receipt thereof. Borrower (i) hereby grants to Lender a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Cash Management Account, including, without limitation, executing and filing UCC-1 Financing Statements and continuations thereof. Borrower will not in any way alter or modify the Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Cash Management Account. (a) Lender or its Servicer During the term of the Loan, Borrower shall establish and maintain a segregated Eligible Account (the “Cash Management Account”) to be held by Servicer Agent in trust and for the benefit of Lender, which Cash Management Account shall be under the sole dominion and control of Lender. The Cash Management Account shall be entitled “BlueLinx HoldingsTNP SRT Portfolio I, Inc. for the benefit of Column Financial, Inc. - LLC Cash Management AccountAccount FBO KeyBank National Association, successors and assigns.” Borrower shall deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Cash Management Account. Borrower shall deposit, or cause to be deposited, all amounts received by, or on behalf of, Borrower constituting Rents into the Cash Management Account within one (1) Business Day after receipt thereof. Borrower (i) hereby grants to Lender a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof and (ii) will shall take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Cash Management Account, including, without limitation, executing and including filing UCC-1 Financing Statements and continuations thereof. Borrower will shall not in any way alter or modify the Cash Management Account and will shall notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by Borrower.

Appears in 1 contract

Samples: Loan Agreement (TNP Strategic Retail Trust, Inc.)

Cash Management Account. (a) Lender or its Servicer shall establish and maintain a segregated Eligible Account (the “Cash Management Account") to be held by Servicer in trust for the benefit of Lender, which Cash Management Account shall be under the sole dominion and control of Lender. The Cash Management Account shall be entitled “BlueLinx Holdings, Inc. for the benefit of Column Financial, Inc. - as Lender, pursuant to Amended and Restated Loan Agreement dated as of March 29, 2007 — Cash Management Account.” Borrower shall deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Cash Management Account. Borrower shall deposit, or cause to be deposited, all amounts received by, or on behalf of, Borrower constituting Rents into the Cash Management Account within one (1) Business Day after receipt thereof. Borrower (i) hereby grants to Lender a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Cash Management Account, including, without limitation, executing and filing UCC-1 Financing Statements and continuations thereof. Borrower will not in any way alter or modify the Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Capitalsource Inc)

Cash Management Account. (a) Lender or its Servicer During the term of the Loan, Borrower shall establish and maintain a segregated Eligible Account (the “Cash Management Account”) to be held by Servicer Agent in trust and for the benefit of Lender, which Cash Management Account shall be under the sole dominion and control of Lender. The Cash Management Account shall be entitled “BlueLinx HoldingsTNP SRT Portfolio II, Inc. for the benefit of Column Financial, Inc. - LLC Cash Management AccountAccount FBO KeyBank National Association, successors and assigns.” Borrower shall deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Cash Management Account. Borrower shall deposit, or cause to be deposited, all amounts received by, or on behalf of, Borrower constituting Rents into the Cash Management Account within one (1) Business Day after receipt thereof. Borrower (i) hereby grants to Lender a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof and (ii) will shall take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Cash Management Account, including, without limitation, executing and including filing UCC-1 Financing Statements and continuations thereof. Borrower will shall not in any way alter or modify the Cash Management Account and will shall notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by Borrower.

Appears in 1 contract

Samples: Loan Agreement (TNP Strategic Retail Trust, Inc.)

Cash Management Account. (a) Lender or its Servicer Borrower shall establish and maintain a segregated Eligible Account (the "Cash Management Account") to be held by Servicer in trust for the benefit of Lender, which Cash Management Account shall be under the sole dominion and control of Lender. The Cash Management Account shall be entitled “BlueLinx Holdings, Inc. for the benefit of "Column Financial, Inc. Inc., as Lender, pursuant to Loan Agreement dated as of November 22, 2004 - Cash Management Account." Borrower shall deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Cash Management Account. Borrower shall deposit, or cause to be deposited, all amounts received by, or on behalf of, Borrower constituting Rents into the Cash Management Account within one (1) Business Day after receipt thereof. Borrower (i) hereby grants to Lender a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Cash Management Account, including, without limitation, executing authorizing and filing UCC-1 Financing Statements financing statements and continuations thereof. Borrower will not in any way alter or modify the Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

Cash Management Account. (a) Lender or its Servicer Borrowers shall establish and maintain a segregated Eligible Account (the "Cash Management Account") to be held by Servicer in trust for the benefit of Lender, which Cash Management Account shall be under the sole dominion and control of Lender. The Cash Management Account shall be entitled “BlueLinx Holdings, Inc. for the benefit of "Column Financial, Inc. - Inc., as Lender, pursuant to Loan Agreement dated as of April 24, 2007 – Cash Management Account." Borrower shall deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Cash Management Account. Borrower shall deposit, or cause to be deposited, all amounts received by, or on behalf of, Borrower constituting Rents into the Cash Management Account within one (1) Business Day after receipt thereof. Borrower (i) hereby grants to Lender a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Cash Management Account, including, without limitation, executing authorizing and filing UCC-1 Financing Statements financing statements and continuations thereof. Borrower will not in any way alter or modify the Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Maguire Properties Inc)

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Cash Management Account. (a) Lender or its Servicer shall establish and maintain a segregated Eligible Account (the “Cash Management Account”) to be held by Servicer in trust for the benefit of Lender, which Cash Management Account shall be under the sole dominion and control of Lender. The Cash Management Account shall be entitled “BlueLinx Holdings, Inc. for the benefit of Column Financial, Inc. - as Lender, pursuant to Mezzanine Loan Agreement dated as of July 31, 2007 — Cash Management Account.” Borrower shall deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Cash Management Account. Borrower shall deposit, or cause to be deposited, all amounts received by, or on behalf of, Borrower constituting Rents into the Cash Management Account within one (1) Business Day after receipt thereof. Borrower (i) hereby grants to Lender a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Cash Management Account, including, without limitation, executing and filing UCC-1 Financing Statements and continuations thereof. Borrower will not in any way alter or modify the Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by Borrower.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (Capitalsource Inc)

Cash Management Account. (a) Lender or its Servicer shall establish and maintain a segregated Eligible Account (the “Cash Management Account”) to be held by Servicer in trust for the benefit of Lender, which Cash Management Account shall be under the sole dominion and control of Lender. The Cash Management Account shall be entitled “BlueLinx HoldingsMidland National Life Insurance Company, Inc. for the benefit as Lender, pursuant to Loan Agreement dated as of Column FinancialJune __, Inc. - 2012– Cash Management Account.” Borrower shall deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Cash Management Account. Borrower shall deposit, or cause to be deposited, all amounts received by, or on behalf of, Borrower constituting Rents into the Cash Management Account within one (1) Business Day after receipt thereof. Borrower (i) hereby grants to Lender a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Cash Management Account, including, without limitation, executing and filing UCC-1 Financing Statements and continuations thereof. Borrower will not in any way alter or modify the Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Glimcher Realty Trust)

Cash Management Account. (a) Lender or its Servicer Borrower shall establish and maintain a segregated Eligible Account (the "Cash Management Account") to be held by the Servicer in trust for the benefit of Lender, which Cash Management Account shall be under the sole dominion and control of Lender. The Cash Management Account shall be entitled “BlueLinx Holdings"ORIX Capital Markets, Inc. for the benefit LLC, as servicer of Column Financial, Inc. - as mortgagee of XX Xxxxxx Valley Limited Partnership, Cash Management Collateral Account.” Borrower shall deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Cash Management Account". Borrower shall deposit, or cause to be deposited, all amounts received by, or on behalf of, Borrower constituting Rents into the Cash Management Account within one (1) Business Day after receipt thereof. Borrower (i) hereby grants to Lender a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Cash Management Account, including, without limitation, executing and filing UCC-1 Financing Statements and continuations thereof. Borrower will not in any way alter or modify the Cash Management Account and will notify Lender of the account number thereof. Lender and the Servicer shall have the sole right to make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by Borrower.

Appears in 1 contract

Samples: Loan Agreement (Pennsylvania Real Estate Investment Trust)

Cash Management Account. (a) Lender or its Servicer Borrower shall establish and maintain a segregated Eligible Account (the “Cash Management Account”) to be held by Servicer in trust for the benefit of Lender, which Cash Management Account shall be under the sole dominion and control of Lender. The Cash Management Account shall be entitled “BlueLinx HoldingsSecurity Benefit Life Insurance Company, Inc. for the benefit as Lender, pursuant to Loan Agreement dated as of Column FinancialJuly 18, Inc. - 2014—Cash Management Account.” Borrower shall deliver written instructions to all tenants under Leases to deliver all Rents payable thereunder directly to the Cash Management Account. Borrower shall deposit, or cause to be deposited, all amounts received by, or on behalf of, Borrower constituting Rents into the Cash Management Account within one (1) Business Day after receipt thereof. Borrower (i) hereby grants to Lender a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof and (ii) will take all actions necessary to maintain in favor of Lender a perfected first priority security interest in the Cash Management Account, including, without limitation, executing and authorizing the filing of UCC-1 Financing Statements and continuations thereof. Borrower will not in any way alter or modify the Cash Management Account and will notify Lender of the account number thereof. Lender and Servicer shall have the sole right to direct or make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by Borrower.

Appears in 1 contract

Samples: Loan Agreement (City Office REIT, Inc.)

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