Examples of Mortgage Loan Cash Management Agreement in a sentence
Under certain circumstances, payments of principal on the Mortgage Loan and on the Loan that would have been distributed pro-rata to the Mortgage Lender and to Lender under the Mortgage Loan Cash Management Agreement may, at Mortgage Lender's option, be applied only to reduce the outstanding principal balance and other sums due and owing under the Mortgage Loan (such event, a "DISPROPORTIONATE PAYDOWN").
In addition, the Borrowers shall cause the Mortgage Borrowers to direct the Mortgage Lender to release all funds held in the Mortgage Loan Lock Box or any of the reserves established pursuant to the Mortgage Loan Cash Management Agreement, or the Mortgage Loan Documents, to be deposited with Lock Box Account Bank to be held in the applicable Reserves in accordance with the terms hereof and the Cash Management Agreement.
Instead of relying on a general notion of the rule of law to confer temporary validity, the Court of Final Appeal was prepared to rely on an inherent jurisdiction, arguing that ‘the power to suspend a declaration is a concomitant of power to make the declaration’.21 While this seems to provide a better jurisdictional basis for the exercise of this power, it is unclear if such ‘inherent jurisdiction’ exists in the first place.
In addition, upon the occurrence of any such event the Borrower shall cause the Mortgage Borrowers to direct the Mortgage Lender to release all funds held in the Mortgage Loan Lock Box or any of the reserves established pursuant to the Mortgage Loan Cash Management Agreement, or the Mortgage Loan Documents, to be deposited with Lock Box Account Bank to be held in the applicable Reserves in accordance with the terms hereof and the Cash Management Agreement.
The Borrower will cause all Receipts from the Properties to be deposited into, and shall otherwise comply with, the applicable Accounts established from time to time under the Mortgage Loan Cash Management Agreement and/or the Cash Management Agreement.
As of the date hereof, pursuant to the Mortgage Loan Cash Management Agreement and the Deposit Account Control Agreement (as defined in the Cash Management Agreement), Borrower shall establish with Mortgage Lender or Servicer an account (the “Mezzanine Collateral Account”) into which all payments made on account of the Debt hereunder and under the other Loan Documents are to be deposited.
As a condition precedent to the closing of the Loan, Borrower shall cause Property Owner to cause the Mortgage Loan Cash Management Bank to execute and deliver the Mortgage Loan Cash Management Agreement which provides, inter alia, that no party other than Mortgage Lender (and “Servicer” (as defined in the Mortgage Loan Agreement) on behalf of Mortgage Lender) shall have the right to withdraw funds from the Mortgage Loan Cash Management Account.
Funds held in the FF&E Reserve may be withdrawn by the Borrower or the Mortgage Borrowers, subject in all instances to the terms of the Mortgage Loan Cash Management Agreement, only in accordance with the approved CapEx/FF&E Budget relating to the Properties.