Common use of Order of Priority of Funds in Cash Management Account Clause in Contracts

Order of Priority of Funds in Cash Management Account. All funds deposited into the Cash Management Account (not including any minimum balance required by Cash Management Bank, in accordance with the Cash Management Agreement) shall be applied during a Cash Sweep Period on each Payment Date in the following order of priority: (a) First, at Lender’s sole discretion, to fund any deficiency that exists in the Reserve Funds; (b) then, funds sufficient to pay the Monthly Debt Service Payment Amount into an Account established for such purpose; (c) then, funds sufficient to pay any interest accruing at the Default Rate, late payment charges and all other amounts, other than those described under other clauses of this Section 7.10.1, then due to Lender and/or any Indemnified Party under the Loan Documents into an account established for such purpose; (d); then, during the continuance of an Cash Sweep Event, all amounts remaining in the Cash Management Account after deposits for items (a) through (d) above (the “Excess Cash Flow”) into the Capital Reserve Account as required under Section 7.5; and (e) lastly, provided no Cash Sweep Event remains in effect, payments to Borrower of all Excess Cash Flow.

Appears in 2 contracts

Samples: Commercial Loan Agreement (Red Oak Capital Fund V, LLC), Commercial Loan Agreement (Red Oak Capital Fund V, LLC)

AutoNDA by SimpleDocs

Order of Priority of Funds in Cash Management Account. All funds deposited into the Cash Management Account (not including any minimum balance required by Cash Management BankAgent, in accordance with the Cash Management Agreement) shall be applied during a Cash Sweep Period on each Payment Date in the following order of priority: (a) First, at Lender’s sole discretion, to fund any deficiency that exists in the Reserve Funds; (b) then, funds sufficient to pay the Monthly Debt Service Payment Amount into an Account established for such purpose; (c) then, funds sufficient to pay any interest accruing at the Default Rate, late payment charges and all other amounts, other than those described under other clauses of this Section 7.10.1, then due to Lender and/or any Indemnified Party under the Loan Documents into an account established for such purpose; (d); ) then, during the continuance of an any Cash Sweep Event, all amounts remaining in the Cash Management Account after deposits for items (a) through (dc) above (the “Excess Cash Flow”) into the Capital Contingency Reserve Account as required under Section 7.5; and (e) lastly, provided no Cash Sweep Event remains in effect, payments to Borrower of all Excess Cash Flow.

Appears in 1 contract

Samples: Commercial Loan Agreement (Red Oak Capital Fund V, LLC)

AutoNDA by SimpleDocs

Order of Priority of Funds in Cash Management Account. All funds deposited into the Cash Management Account (not including any minimum balance required by Cash Management BankAgent, in accordance with the Cash Management Agreement) shall be applied during a Cash Sweep Period on each Payment Date in the following order of priority: (a) First, at Lender’s sole discretion, to fund any deficiency that exists in the Reserve Funds; (b) then, funds sufficient to pay the Monthly Debt Service Payment Amount into an Account established for such purpose; (c) then, funds sufficient to pay any interest accruing at the Default Rate, late payment charges and all other amounts, other than those described under other clauses of this Section 7.10.1, then due to Lender and/or any Indemnified Party under the Loan Documents into an account established for such purpose; (d); then, during the continuance of an any Cash Sweep Event, all amounts remaining in the Cash Management Account after deposits for items (a) through (dc) above (the “Excess Cash Flow”) into the Capital Reserve Account as required under Section 7.5; and (e) lastly, provided no Cash Sweep Event remains in effect, payments to Borrower of all Excess Cash Flow.

Appears in 1 contract

Samples: Commercial Loan Agreement (Red Oak Capital Fund V, LLC)

Time is Money Join Law Insider Premium to draft better contracts faster.