ESAC PREPAYMENT Sample Clauses

ESAC PREPAYMENT. (a) Section 3.07B(ii) of the Lease shall be amended by inserting the following provision at the end thereof: "In the event that such Site 3 ESAC Reimbursements are prepaid to Owner in whole or in part, then such monies shall be segregated in an account administered by Owner and invested in such Federal Government interest-bearing instruments as are designated by Owner in Owner's sole judgment and such funds shall be considered Site 3 ESAC Reimbursements. A portion of such prepaid Site 3 ESAC Reimbursements shall be paid to or applied for the benefit of Owner and Tenant in accordance with this Section 3.07 and Section 23.06 hereof as and when the same would have been received by Owner if such monies had not been prepaid to Owner. The foregoing notwithstanding, (i) if Owner shall be required by The Prudential Insurance Company of America ("Prudential;" Prudential together with any participant therewith or any assignee of less than Prudential's entire interest in the Loan Documents [as hereinafter defined] collectively "Lender") or any successor-in-interest to Lender as a result of Lender's assignment of its entire interest in the Loan Documents ("New Lender"), then Owner shall remit such monies prepaid on account of Site 3 ESAC Reimbursements to Lender or New Lender, as the case may be, who shall hold the same in a segregated account to be invested in accordance with the Loan Documents and an appropriate portion thereof shall be applied for the benefit of Owner and Tenant or disbursed to Owner and Tenant, as the case may be, in accordance with this Section 3.07 and Section 23.06 of the Lease, and (ii) Tenant acknowledges that such Site 3 ESAC Reimbursements may be reduced pursuant to the provisions of the Amended and Restated Limited Liability Company Agreement of Owner, dated as of June 30, 1998." (b) Section 23.06A of the Lease shall be amended by inserting the following provision immediately prior to the penultimate sentence thereof: "Any monies prepaid on account of Site 3 ESAC Reimbursements shall be considered to be Site 3 ESAC Reimbursements, shall be held as described in Section 3.07(B)(ii) hereof, and an appropriate portion thereof shall be taken into account in the calculation of "Deemed Rental under the Ground Lease" in the manner described in the immediately preceding sentence as if such Site 3 ESAC Reimbursements had not been so prepaid."