Common use of Property Cash Flow Allocation Clause in Contracts

Property Cash Flow Allocation. (a)All Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under Section 3.3; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or the Monthly Debt Service Payment Amount, as the case may be, due on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this Section 3.11(a), then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under Section 3.4; (v) Fifth, to make payments into the Rollover Reserve Subaccount as and when required under Section 3.5; (vi) Sixth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under Section 3.6; (vii) Seventh, during the continuance of a Cash Trap Period, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9; and (viii) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Period, provided that in any given Interest Period, all amounts referred to in the foregoing clauses (i) - (v) have been paid, then at Borrower's request, the payments to Borrower under the foregoing clause (viii) shall be made on a weekly basis.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

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Property Cash Flow Allocation. (a)All a) All Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under Section 3.3; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or the Monthly Debt Service Payment Amount, as the case may be, due on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this Section 3.11(a), then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under Section 3.4intentionally omitted; (v) Fifth, to make payments into the Rollover Reserve Subaccount as and when required under Section 3.5intentionally omitted; (vi) SixthFourth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under Section 3.6; (vii) SeventhFifth, during the continuance of a Cash Trap Period, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9; and (viii) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Period, provided that in any given Interest Period, all amounts referred to in the foregoing clauses (i) - (v) have been paid, then at Borrower's request, the payments to Borrower under the foregoing clause (viii) shall be made on a weekly basis.with

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Property Cash Flow Allocation. (a)All Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under Section 3.3; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or the Monthly Debt Service Payment Amount, as the case may be, due on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this Section 3.11(a), then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under Section 3.4; (v) Fifth, to make payments into the Rollover Reserve Subaccount as and when required under Section 3.5; (vi) SixthSixth to make payments into the Debt Service Subaccount as and when required under Section 3.12, each in the amount of the then-applicable Monthly Debt Service Reserve Deposit; (vii) Seventh, during the continuance of a Cash Trap Period or Cash Sweep Period, to make payments for Approved Operating Expenses as required under Section 3.6; (viiviii) SeventhEighth, either (A) during the continuance of a Cash Trap Period, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9; and , or (viiiB) Lastly, except during the continuance of if a Cash Trap PeriodPeriod is not in effect, payments to Borrower of any remaining amounts. Notwithstanding the foregoing, except during the continuance of but a Cash Trap PeriodSweep Period is in effect, provided that to make payments in any given Interest Period, an amount equal to all amounts referred to in remaining Available Cash into the foregoing clauses (i) - (v) have been paid, then at Borrower's request, the payments to Borrower under the foregoing clause (viii) shall be made on a weekly basis.Debt Service

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Property Cash Flow Allocation. (a)All a) All Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under Section 3.3; (ii) Second, to make payments into the Ground Rent Subaccount as required under Section 3.4; (iii) Third, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iiiiv) ThirdFourth, to Lender to pay the Monthly Interest Payment Amount or the Monthly Debt Service Payment Amount, as the case may be, Amount due on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this Section 3.11(a), then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under Section 3.4; (v) Fifth, to make payments into the Rollover Reserve Subaccount as and when required under Section 3.5intentionally omitted; (vi) SixthFifth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under Section 3.6; (vii) SeventhSixth, during the continuance of a Cash Trap Period, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9; and (viii) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Period, provided that in any given Interest Period, all amounts referred to in the foregoing clauses (i) - (v) have been paidpaid (if and as applicable), then at Borrower's ’s request, the payments to Borrower under the foregoing clause (viii) shall be made on a weekly basis.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Property Cash Flow Allocation. (a)All Rents deposited into a) Commencing on the Deposit Account during the immediately preceding Interest Period shall be applied January, 2000 Payment Date and continuing on each Payment Date occurring prior to the Maturity Date, except following the acceleration of all or any part of the Debt, all Rents with respect to the Collateral Property shall be applied as follows in the following order of priority: (i) First, to make payments into to the Tax and Insurance Subaccount as Escrow Fund required under Section 3.3; to be made by Borrower, (ii) Second, to pay the monthly portion of the fees charged Cash Management Fee due and payable by the Deposit Bank in accordance with the Deposit Account AgreementBorrower; (iii) Third, to Lender to pay the Monthly Interest Payment Amount interest payment and principal payment required under Section 3.1.2 or the Monthly Debt Service Payment Amount3.1.3, as the case may beapplicable, due on such Payment Date (plus, if applicable, interest at the Default Rate and all any other amounts, other than those described under other clauses of this Section 3.11(a), charges then due to Lender under the Loan Documents); (iv) Fourth, during the continuance of a Cash Management Event, to make payments into to the Capital Rollover Reserve Subaccount as and when Fund required under Section 3.4to be made by Borrower; (v) Fifth, and only during the continuance of a Cash Management Event or the Anticipated Repayment Date, to make payments into for Approved Operating Expenses pertaining to the Rollover Reserve Subaccount as and when required under Section 3.5Collateral Property; (vi) Sixth, during the continuance of a Cash Trap PeriodManagement Event, to make payments for Approved Operating Expenses as to the Replacement Reserve Fund required under Section 3.6to be made by Borrower; (vii) Seventh, during the continuance of a Cash Trap Period, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9; and (viii) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower of any excess amounts unless the Debt Service Coverage Ratio falls below 1.25 (subject to a One Time Cash Management Event Cure) (the Debt Service Coverage Ratio shall be tested on a quarterly basis at the end of each calendar quarter (or portion thereof, if applicable) from and after the Closing Date), in which case all Rents remaining amounts. Notwithstanding the foregoing, except during the continuance of after application thereof pursuant to subsection (vii) hereof shall be applied by Lender in accordance with Section 4.11 until such time as a Cash Trap Period, provided that in any given Interest Period, all amounts referred to in the foregoing clauses (i) - (v) have been paid, then at Borrower's request, the payments to Borrower under the foregoing clause (viii) shall be made on a weekly basisManagement Termination occurs.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Property Cash Flow Allocation. (a)All a) During a Cash Management Period, any Rents deposited into the Deposit Account during up to and including the immediately preceding Interest Period Business Day prior to a Payment Date shall be applied on each such Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under Section 3.3; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; , (iii) Third, to Lender to pay the Monthly Interest Payment Amount or the Monthly Debt Service Payment Amount, as the case may be, Amount due on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this Section 3.11(a3.10(a), then due to Lender under the Loan Documents), which payments shall be made into a Subaccount (the “Monthly Debt Service Subaccount”) to be established for such purpose under the Deposit Account Agreement; (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under Section 3.4; (v) Fifth, to make payments into the Rollover Reserve Subaccount as and when required under Section 3.5; (vi) Sixth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under Section 3.6; (vii) Seventh, during after the continuance consummation of a Cash Trap PeriodSecondary Market Transaction, to make payments pay the pro rata portion of the expenses described in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.99; and (viii) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Period, provided that in any given Interest Period, all excess amounts referred to shall be held in the foregoing clauses (i) - (v) have been paid, then at Borrower's request, the payments to Borrower Cash Collateral Reserve Subaccount as required under the foregoing clause (viii) shall be made on a weekly basisSection 3.11.

Appears in 1 contract

Samples: Loan Agreement (Presidential Realty Corp/De/)

Property Cash Flow Allocation. (a)All i) During any Cash Management Period, all Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under paragraph (d) of this Section 3.325; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or principal and interest due under the Monthly Debt Service Payment Amount, as the case may be, due Note on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this paragraph (1) of this Section 3.11(a)25, then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under paragraph (e) of this Section 3.425; (v) Fifth, to make payments of the Monthly Rollover Payment into the Rollover Reserve Subaccount Subaccount, as and when required under paragraph (f) of this Section 3.525; (vi) Sixth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under paragraph (g) of this Section 3.625; (vii) Seventh, during the continuance of a Rollover Sweep Period (and if no other Cash Trap Management Period is then continuing) to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Rollover Reserve Subaccount as required under paragraph (f) of this Section 25; and (viii) Lastly, during the continuance of a Cash Management Period described in clauses (i), (ii) or (iii) of the defined term "Cash Management Period", to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with paragraph (j) of this Section 3.9; and (viii) Lastly, except during 25. Upon the continuance of a Cash Trap Period, payments to Borrower termination of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Management Period, provided that in no Event of Default is then continuing, any given Interest Period, all amounts referred to funds in the foregoing clauses (i) - (v) have been paid, then at Borrower's request, the payments to Borrower under the foregoing clause (viii) Operating Expense Subaccount and not previously disbursed or applied shall be made on a weekly basisfully disbursed to Borrower.

Appears in 1 contract

Samples: Rents and Security Agreement (Acadia Realty Trust)

Property Cash Flow Allocation. (a)All a) All Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under Section 3.3; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or the Monthly Debt Service Payment Amount, as the case may be, Amount due on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this Section 3.11(a), then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as if and when required under Section 3.4; (v) Fifth, to make payments into the Rollover Reserve Subaccount as if and when required under Section 3.5; (vi) Sixth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under Section 3.6; (vii) Seventh, during the continuance of a Cash Trap Period, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9; (viii) Eighth, during the continuance of a Xxxxxxxxx-Xxxxxxx Sweep Period (provided no other Cash Trap Period is then continuing), to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Xxxxxxxxx-Xxxxxxx Reserve Subaccount as required under SECTION 3.5.2 hereof; and (viiiix) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower Borrowers of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Period, provided that in any given Interest Period, all amounts referred to in the foregoing clauses (i) - (v) have been paid, then at Borrower's Borrowers' request, the payments to Borrower Borrowers under the foregoing clause (viiiix) shall be made on a weekly basis.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Property Cash Flow Allocation. (a)All i) During any Cash Management Period, all Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under paragraph (d) of this Section 3.325; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or principal and interest due under the Monthly Debt Service Payment Amount, as the case may be, due Note on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this paragraph (1) of this Section 3.11(a)25, then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under paragraph (e) of this Section 3.425; (v) Fifth, to make payments of the Monthly Rollover Payment into the Rollover Reserve Subaccount Subaccount, as and when required under paragraph (f) of this Section 3.525; (vi) Sixth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under paragraph (g) of this Section 3.625; (vii) Seventh, during the continuance of a Rollover Sweep Period (and if no other Cash Trap Management Period is then continuing) to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Rollover Reserve Subaccount as required under paragraph (f) of this Section 25; and (viii) Lastly, during the continuance of a Cash Management Period described in clauses (i), (ii) or (iii) of the defined term "Cash Management Period", to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with paragraph {j) of this Section 3.9; and (viii) Lastly, except during 25. Upon the continuance of a Cash Trap Period, payments to Borrower termination of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Management Period, provided that in no Event of Default is then continuing, any given Interest Period, all amounts referred to funds in the foregoing clauses (i) - (v) have been paid, then at Borrower's request, the payments to Borrower under the foregoing clause (viii) Operating Expense Subaccount and not previously disbursed or applied shall be made on a weekly basisfully disbursed to Borrower.

Appears in 1 contract

Samples: And Security Agreement (Acadia Realty Trust)

Property Cash Flow Allocation. (a)All a) All Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under Section 3.3; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or the Monthly Debt Service Payment Amount, as the case may be, due on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this Section 3.11(a), then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as if and when required under Section 3.4; (v) Fifth, to make payments into the Rollover Reserve Subaccount as and when required under Section 3.5; (vi) Sixth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under Section 3.6; (viivi) SeventhSixth, during the continuance of a Cash Trap Period, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9; and (viiivii) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower Borrowers of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Period, provided that in any given Interest Period, all amounts referred to in the foregoing clauses (i) - (viv) have been paid, then at Borrower's Borrowers' request, the payments to Borrower Borrowers under the foregoing clause (viiivii) shall be made on a weekly basis.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Property Cash Flow Allocation. (a)All i) During any Cash Management Period, all Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under paragraph (d) of this Section 3.325; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or principal and interest due under the Monthly Debt Service Payment Amount, as the case may be, due Note on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this paragraph (l) of this Section 3.11(a)25, then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under paragraph (e) of this Section 3.425; (v) Fifth, to make payments of the Monthly Rollover Payment into the Rollover Reserve Subaccount Subaccount, as and when required under paragraph (f) of this Section 3.525; (vi) Sixth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under paragraph (g) of this Section 3.625; (vii) Seventh, during the continuance of a Rollover Sweep Period (and if no other Cash Trap Management Period is then continuing) to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Rollover Reserve Subaccount as required under paragraph (f) of this Section 25; and (viii) Lastly, during the continuance of a Cash Management Period described in clauses (i), (ii) or (iii) of the defined term "Cash Management Period", to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with paragraph (j) of this Section 3.9; and (viii) Lastly, except during 25. Upon the continuance of a Cash Trap Period, payments to Borrower termination of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Management Period, provided that in no Event of Default is then continuing, any given Interest Period, all amounts referred to funds in the foregoing clauses (i) - (v) have been paid, then at Borrower's request, the payments to Borrower under the foregoing clause (viii) Operating Expense Subaccount and not previously disbursed or applied shall be made on a weekly basisfully disbursed to Borrower.

Appears in 1 contract

Samples: And Security Agreement (Acadia Realty Trust)

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Property Cash Flow Allocation. (a)All a) (a) All Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under Section 3.3; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or the Monthly Debt Service Payment Amount, as the case may be, due on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this Section 3.11(a), then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under Section 3.4Intentionally Omitted; (v) Fifth, to make payments into the Rollover Reserve Subaccount as and when required under Section 3.5Intentionally Omitted; (vi) Sixth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under Section 3.6; (vii) Seventh, during the continuance of a Cash Trap Period, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9; and (viii) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Period, provided that in any given Interest Period, all amounts referred to in the foregoing clauses (i) - (v) have been paidpaid (if and as applicable), then at Borrower's request, the payments to Borrower under the foregoing clause (viii) shall be made on a weekly basis.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Property Cash Flow Allocation. (a)All Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under Section 3.3; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or the Monthly Debt Service Payment Amount, as the case may be, due on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this Section 3.11(a), then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under Section 3.4; (v) Fifth, to make payments into the Rollover Reserve Subaccount as and when required under Section 3.5; (vi) Sixth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under Section 3.6; (vii) Seventh, Seventh during the continuance of a Cash Trap Period, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9; and (viii) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower Borrowers of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Period, Period provided that in any given Interest Period, all amounts referred to in the foregoing clauses (i) - (v) have been paid, then at Borrower's Borrowers' request, the payments to Borrower Borrowers under the foregoing clause (viii) shall be made on a weekly basis.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Property Cash Flow Allocation. (a)All a) During any Cash Management Period, all Rents deposited into the Deposit Account Cash Collateral Subaccount during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under Section 3.3; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or the Monthly Debt Service Payment Amount, as the case may be, interest (and Principal if Borrower has exercised its Fixed Rate Conversion Option) due on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this Section 3.11(a), then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Cash Flow Leasing Reserve Subaccount as and when required under Section 3.43.5 and the Escrow Agreement; (v) Fifth, to make payments into the Rollover Reserve Subaccount as and when required under Section 3.5; (vi) Sixth, during the continuance of a Cash Trap Management Period, to make payments for Approved Operating Expenses as required under Section 3.6; (viivi) SeventhSixth, during the continuance of a Cash Trap Management Period, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9; and (viiivii) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Period, provided that in any given Interest Period, all amounts referred to in the foregoing clauses (i) - (v) have been paid, then at Borrower's request, the payments to Borrower under the foregoing clause (viii) shall be made on a weekly basis.

Appears in 1 contract

Samples: Loan Agreement (Prime Group Realty Trust)

Property Cash Flow Allocation. (a)All a) All Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under Section 3.3; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or the Monthly Debt Service Payment Amount, as the case may be, Amount due on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this Section 3.11(a3.12(a), then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under Section 3.4; (v) Fifth, to make payments into the Rollover Reserve Subaccount as and when required under Section 3.5; (vi) Sixth, during the continuance of a Cash Trap Period, to make payments for Approved Operating Expenses as required under Section 3.6; (vii) Seventh, during the continuance of a Cash Trap Period, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9; and (viii) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower Borrowers of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Period, provided that in any given Interest Period, all amounts referred to in the foregoing clauses (i) - (v) have been paid, then at Borrower's Borrowers' request, the payments to Borrower Borrowers under the foregoing clause (viii) shall be made on a weekly basis.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

Property Cash Flow Allocation. (a)All Rents deposited into a) Commencing on the Deposit Account during the immediately preceding Interest Period shall be applied January, 2000 Payment Date and continuing on each Payment Date occurring prior to the Maturity Date, except following the acceleration of all or any part of the Debt, all Rents with respect to the Collateral Property shall be applied as follows in the following order of priority: (i) First, to make the monthly required payments of Ground Rent, if any, pertaining to any Borrower's Collateral Property (including, the payment to Lender of any sums required to be deposited into the Tax and Insurance Subaccount as required under Section 3.3Ground Rent Escrow Fund); (ii) Second, to make payments to the Tax and Insurance Escrow Fund required to be made by Borrower, (iii) Third, to pay the monthly portion of the fees charged Cash Management Fee due and payable by the Deposit Bank in accordance with the Deposit Account AgreementBorrower; (iiiiv) ThirdFourth, to Lender to pay the Monthly Interest Payment Amount interest payment and principal payment required under Section 3.1.2 or the Monthly Debt Service Payment Amount3.1.3, as the case may beapplicable, due on such Payment Date (plus, if applicable, interest at the Default Rate and all any other amounts, other than those described under other clauses of this Section 3.11(a), charges then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under Section 3.4; (v) Fifth, to make payments into the Rollover Reserve Subaccount as and when required under Section 3.5; (vi) Sixth, during the continuance of a Cash Trap PeriodManagement Event, to make payments to the Rollover Reserve Fund required to be made by Borrower; (vi) Sixth, and only during the continuance of a Cash Management Event or the Anticipated Repayment Date, to make payments for Approved Operating Expenses as required under Section 3.6pertaining to the Collateral Property; (vii) Seventh, during the continuance of a Cash Trap PeriodManagement Event, to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with Section 3.9Replacement Reserve Fund required to be made by Borrower; and (viii) Lastly, except during the continuance of a Cash Trap Period, payments to Borrower of any excess amounts unless the Debt Service Coverage Ratio falls below 1.25 (subject to a One Time Cash Management Event Cure) (the Debt Service Coverage Ratio shall be tested on a quarterly basis at the end of each calendar quarter (or portion thereof, if applicable) from and after the Closing Date), in which case all Rents remaining amounts. Notwithstanding the foregoing, except during the continuance of after application thereof pursuant to subsection (vii) hereof shall be applied by Lender in accordance with Section 4.11 until such time as a Cash Trap Period, provided that in any given Interest Period, all amounts referred to in the foregoing clauses (i) - (v) have been paid, then at Borrower's request, the payments to Borrower under the foregoing clause (viii) shall be made on a weekly basisManagement Termination occurs.

Appears in 1 contract

Samples: Loan Agreement (Westfield America Inc)

Property Cash Flow Allocation. (a)All i) During any Cash Management Period, all Rents deposited into the Deposit Account during the immediately preceding Interest Period shall be applied on each Payment Date as follows in the following order of priority: (i) First, to make payments into the Tax and Insurance Subaccount as required under paragraph (d) of this Section 3.325; (ii) Second, to pay the monthly portion of the fees charged by the Deposit Bank in accordance with the Deposit Account Agreement; (iii) Third, to Lender to pay the Monthly Interest Payment Amount or principal and interest due under the Monthly Debt Service Payment Amount, as the case may be, due Note on such Payment Date (plus, if applicable, interest at the Default Rate and all other amounts, other than those described under other clauses of this paragraph (l) of this Section 3.11(a)25, then due to Lender under the Loan Documents); (iv) Fourth, to make payments into the Capital Reserve Subaccount as and when required under paragraph (e) of this Section 3.425; (v) Fifth, to make payments into the Rollover Reserve Subaccount for Approved Operating Expenses as and when required under paragraph (g) of this Section 3.525; (vi) Sixth, during the continuance of a Rollover Sweep Period (and if no other Cash Trap Period, Management Period is then continuing) to make payments for Approved Operating Expenses in an amount equal to all remaining Available Cash on such Payment Date into the Rollover Reserve Subaccount as required under paragraph (f) of this Section 3.625; and (vii) SeventhLastly, during the continuance of a Cash Trap Management Period described in clauses (i), (ii) or (iii) of the defined term "Cash Management Period", to make payments in an amount equal to all remaining Available Cash on such Payment Date into the Cash Collateral Subaccount in accordance with paragraph (j) of this Section 3.9; and (viii) Lastly, except during 25. Upon the continuance of a Cash Trap Period, payments to Borrower termination of any remaining amounts. Notwithstanding the foregoing, except during the continuance of a Cash Trap Management Period, provided that in no Event of Default is then continuing, any given Interest Period, all amounts referred to funds in the foregoing clauses (i) - (v) have been paid, then at Borrower's request, the payments to Borrower under the foregoing clause (viii) Operating Expense Subaccount and not previously disbursed or applied shall be made on a weekly basisfully disbursed to Borrower.

Appears in 1 contract

Samples: Leases and Rents and Security Agreement (Acadia Realty Trust)

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