Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Mezzanine Account, as required by Section 3.1.1 or the Pledge, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.3; or
Appears in 8 contracts
Samples: Mezzanine Loan and Security Agreement (Toys R Us Inc), Mezzanine Loan and Security Agreement (Toys R Us Inc), Mezzanine Loan and Security Agreement (Toys R Us Inc)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Mezzanine Account, as required by Section 3.1.1 3.1, or the Pledge, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.32.1.4; or
Appears in 3 contracts
Samples: Mezzanine Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Mezzanine Loan and Security Agreement (Strategic Hotels & Resorts, Inc), Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Mezzanine Collateral Account, as applicable, as required by Section 3.1.1 3.1 or the Pledge, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.32.1.5; orMezzanine Loan Agreement (Second Mezzanine)
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the First Mezzanine Account, as required by Section 3.1.1 3.1, or the Pledge, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.32.1.4; or
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Senior Mezzanine Account, as required by Section 3.1.1 3.1, or the Pledge, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.32.1.4; or
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Mezzanine Account, Account as required by Section 3.1.1 3.1 or the Pledge, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.3; or2.1.4.
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (Digital Realty Trust, Inc.)
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Mezzanine Collateral Account, as applicable, as required by Section 3.1.1 3.1 or the Pledge, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.32.1.5; orMezzanine Loan Agreement (First Mezzanine)
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (Bloomin' Brands, Inc.)
Misapplication of Funds. (i) Distribute any revenue from the Property Collateral or any Proceeds in violation of the provisions of this Agreement, (ii) fail to remit amounts to the Mezzanine Account, as required by Section 3.1.1 3.1 or the Pledge, (iii) misappropriate any security deposit or portion thereof or apply misapply the proceeds of the Loan in violation of Section 2.1.3Loan; or
Appears in 1 contract
Misapplication of Funds. Distribute any revenue from the Property or any Proceeds in violation of the provisions of this Agreement, fail to remit amounts to the Junior Mezzanine Account, as required by Section 3.1.1 3.1, or the Pledge, misappropriate any security deposit or portion thereof or apply the proceeds of the Loan in violation of Section 2.1.32.1.4; or
Appears in 1 contract
Samples: Mezzanine Loan and Security Agreement (CNL Hotels & Resorts, Inc.)
