misappropriation, misapplication or conversion by Sample Clauses

misappropriation, misapplication or conversion by a Borrower, a Borrower Party or an affiliate controlled by Borrower or a Borrower Party of insurance or condemnation proceeds paid as a result of a casualty or condemnation, or rents (including prepaid rents) and security deposits paid, (iii) willful misconduct by a Borrower, a Borrower Party or an affiliate controlled by Borrower or a Borrower Party resulting in physical damage or waste to a Project; (iv) removal or disposal of any portion of the Collateral by or on behalf of a Borrower, a Borrower Party or an affiliate controlled by Borrower or a Borrower Party other than in compliance with the Loan documents; (v) fraudulent transfer claims made by a Borrower, a Borrower Party or an affiliate controlled by Borrower or a Borrower Party; (vi) voluntary termination or voluntary material modification of any ground lease by a Borrower without Administrative Agent’s prior written consent other than as permitted under the Loan Documents; (vii) a Borrower’s failure to turn over to Administrative Agent all unapplied tenant security deposits and prepaid rents as required pursuant to the Loan Documents upon Administrative Agent’s request following an Event of Default; (viii) a Borrower’s or a Borrower Party’s interference with Administrative Agent’s or a Lender’s exercise of remedies pursuant to the Loan Documents, other than a Borrower’s or a Borrower Party’s good faith challenge to the existence of the Event of Default which gave rise to the exercise of such remedies; (ix) Borrowers’ failure to make the required monthly payments, first to the Insurance Reserve, and then to the Tax Reserve, or Borrowers’ failure to maintain the insurance required to be maintained by Borrowers pursuant to this Agreement as to which no payments are then being made by Borrowers into the Insurance Reserve, unless monthly Operating Revenues, prior to the payment of Debt Service or any other Operating Expenses then owing, are insufficient to make such payments; (x) failure to pay for any loss, liability or expense incurred by Administrative Agent or a Lender arising out of any Lender Investment Claim, or any other claim or allegation made by a Borrower, a Borrower Party or an affiliate controlled by Borrower or a Borrower Party that the transactions contemplated by the Loan Documents establish a joint venture, partnership or other similar arrangement between Borrowers and one or more of the Lenders and/or Administrative Agent; and (xi) failure to remove in a reasonably prompt timeframe ...