Surplus Cash Note definition
Examples of Surplus Cash Note in a sentence
If any such cash distributions are used to satisfy any of the Guaranteed Obligations under clause (a) above, then the amount so paid to the Lender by Guarantor shall be deemed to be an unsecured loan to the Borrower in default, payable only from surplus cash (as defined by Program Obligations), and shall be evidenced solely by a Surplus Cash Note (Form HUD-92223-ORCF or equivalent) with terms and an interest rate approved by HUD in accordance with Program Obligations.
Notwithstanding any provision in 189 the Regulatory Agreement between Borrower and HUD to the contrary, Borrower shall calculate 190 Surplus Cash prior to taking a Distribution and shall apply the required percentage of said 191 Distribution to reduce the balance owed on this Surplus Cash Note.
In the event that the Healthcare Regulatory Agreement—Borrower (Form HUD 92466-ORCF) Borrower’s Regulatory Agreement allows for Distributions prior to a calculation of Surplus Cash, Borrower shall not take Distributions prior to making the surplus cash calculation as referenced in calculating Surplus cash the Healthcare Regulatory Agreement –Borroweras of the applicable fiscal year end and prior to making any payment thus due on this Surplus Cash Noteto pay this Surplus Cash Note.
This Agreement does not permit a Surplus Cash Note without the prior written permission of HUD.
The Healthcare Regulatory 192 Agreement—Borrower (Form HUD 92466-ORCF) allows for Distributions prior to a calculation 193 of Surplus Cash, Borrower shall not take Distributions prior to making the surplus cash 194 calculation as referenced in the Healthcare Regulatory Agreement –Borrower and prior to 195 making any payment thus due on this Surplus Cash Note.