Common use of Custodial Funds Clause in Contracts

Custodial Funds. On each Payment Date, even if a Cash Sweep Period or an Event of Default exists, Operating Tenant shall be entitled to receive distributions of Custodial Funds for the calendar months preceding such Payment Date provided that (i) Operating Tenant has delivered to Lender a Custodial Funds Certificate to Lender on or prior to five (5) Business Days prior to such Payment Date, and (ii) after application of funds in accordance with Section 3.4 of the Cash Management Agreement, funds exist in the Custodial Funds Subaccount. Such distribution shall be in the amount set forth in the Custodial Funds Certificate, or in such lesser amount as is on deposit in the Custodial Funds Subaccount as of the applicable Payment Date.