Common use of Security Deposits Clause in Contracts

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leases. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s option, be fully assignable to Lender), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence satisfactory to Lender of Borrower’s compliance with the foregoing.

Appears in 5 contracts

Samples: Loan Agreement (NOVONIX LTD), Loan Agreement (NOVONIX LTD), Loan Agreement (Medalist Diversified REIT, Inc.)

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Security Deposits. All security deposits of Tenantstenants, whether held in cash or any other form, if cash, shall be deposited by Borrower at such commercial or savings bank or banks and shall be held in compliance with all Legal Requirements, shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) as may be reasonably satisfactory to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the LeasesLender. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) legal requirements shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above hereinabove described, shall (iiif issued after the date hereof) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s option, be fully assignable to Lender)Lender and shall, and (iv) shall in all respects respects, comply with any applicable Legal Requirements legal requirements and otherwise be reasonably satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence reasonably satisfactory to Lender of Borrower’s compliance with the foregoing. Following the occurrence and during the continuance of any Event of Default, Borrower shall, upon Lender’s request, if permitted by any applicable legal requirements, turn over to Lender the security deposits (and any interest theretofore earned thereon) with respect to all or any portion of the Property, to be held by Lender subject to the terms of the Leases.

Appears in 4 contracts

Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, and shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lenderwithin five (5) Business Days of Agent’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leases. Any With respect to commercial Leases or residential Major Leases, any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to LenderAgent, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender Agent as payee or mortgagee thereunder (or at LenderAgent’s option, be fully assignable to LenderAgent), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be satisfactory reasonably acceptable to LenderAgent. Borrower shall, upon requestrequest (which, unless an Event of Default is continuing, shall not be required to be given more than twice in any twelve (12)-month period), provide Lender Agent with evidence satisfactory reasonably acceptable to Lender Agent of Borrower’s compliance with the foregoing.

Appears in 3 contracts

Samples: Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.)

Security Deposits. All security deposits of Tenantstenants, whether held in cash or in any other form, shall be held in compliance with all Legal Requirements, applicable law. None of such security deposits shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and or any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leasesother person. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) legal requirements shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above hereinabove described, (ii) ; shall be issued by an institution reasonably satisfactory to Lender, (iii) ; shall, if permitted pursuant to any Legal Requirementsapplicable legal requirements, name Lender as payee or mortgagee thereunder (or or, at Lender’s option, be assigned or fully assignable to Lender); and shall, and (iv) shall in all respects respects, comply with any applicable Legal Requirements legal requirements and otherwise be reasonably satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence reasonably satisfactory to Lender of Borrower’s compliance with the foregoing. Upon an Event of Default under this Mortgage, Borrower shall, immediately upon Lender’s request (if permitted by applicable law), deliver to Lender the security deposits (and any interest previously earned thereon and not disbursed to the person(s) lawfully entitled to receive same) with respect to all or any portion of the Property, to be held by Lender subject to the terms of the Leases.

Appears in 3 contracts

Samples: Rents and Security Agreement (Gladstone Commercial Corp), And Security Agreement (Gladstone Commercial Corp), And Security Agreement (Gladstone Commercial Corp)

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, shall not be commingled with any other funds of BorrowerBorrowers. During the continuance of an Event of Default, Borrower Borrowers shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leases. Any bond or other instrument which Borrower is Borrowers are permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s option, be fully assignable to Lender), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be reasonably satisfactory to Lender. Borrower Borrowers shall, upon request, provide Lender with evidence reasonably satisfactory to Lender of Borrower’s Borrowers’ compliance with the foregoing.

Appears in 2 contracts

Samples: Loan Agreement (Generation Income Properties, Inc.), Loan Agreement (Generation Income Properties, Inc.)

Security Deposits. All security deposits If required under applicable law, all Security Deposits of Tenantstenants, whether held in cash or in any other form, shall be held in compliance with all Legal Requirements, shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s requestor any other person and, if permitted by applicable Legal Requirementscash, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be deposited by Borrower at commercial or savings bank or banks, or otherwise held by Deposit Bank subject to the terms of the Leasesin compliance with applicable law. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits Security Deposits under any applicable Legal Requirements (i) legal requirements shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above hereinabove described, (ii) ; shall be issued by an institution reasonably satisfactory to Lender, (iii) ; shall, if permitted pursuant to any Legal Requirementsapplicable legal requirements, name Lender as payee or mortgagee thereunder (or or, at Lender’s 's option, be assigned or fully assignable to Lender); and shall, and (iv) shall in all respects respects, comply with any applicable Legal Requirements legal requirements and otherwise be reasonably satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence reasonably satisfactory to Lender of Borrower’s 's compliance with the foregoing. Upon an Event of Default under this Security Deed, Borrower shall, immediately upon Lender's request (if permitted by applicable law), deliver to Lender the Security Deposits (and any interest previously earned thereon and not disbursed to the person(s) lawfully entitled to receive same) with respect to all or any portion of the Property, to be held by Lender subject to the terms of the Leases.

Appears in 2 contracts

Samples: Debt and Security Agreement (Sun Communities Inc), Secure Debt and Security Agreement (Sun Communities Inc)

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, Requirements and shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s 's request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leases. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s 's option, be fully assignable to Lender), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence satisfactory to Lender of Borrower’s 's compliance with the foregoing.

Appears in 1 contract

Samples: Loan Agreement (Bluerock Residential Growth REIT, Inc.)

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, shall not be commingled with any other funds of BorrowerBorrowers or Operating Lessees. During the continuance of an Event of Default, Borrower Borrowers and Operating Lessees shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leases. Any bond or other instrument which Borrower is Borrowers or Operating Lessees are permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s option, be fully assignable to Lender), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be reasonably satisfactory to Lender. Borrower Borrowers shall, upon request, provide Lender with evidence reasonably satisfactory to Lender of Borrower’s Borrowers’ and/or Operating Lessees’ compliance with the foregoing.

Appears in 1 contract

Samples: Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Security Deposits. All security Security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, under Leases shall not be commingled with any other funds of Borrower, and, if cash, shall be deposited by Borrower at a bank reasonably satisfactory to Lender. During After the continuance occurrence of an Event of Defaulta Lockbox Event, and prior to a Lockbox Termination, Borrower shall, upon Lender’s 's request, if permitted by applicable Legal Requirements, cause all such turn over to Lender the security deposits (and any interest theretofore earned thereon) under Leases, to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank Lender subject to the terms of the Leases. Upon a Lockbox Termination, Lender shall return to Borrower such security deposits. Any bond letter of credit or other instrument which that Borrower is permitted to hold receives in lieu of a cash security deposits under any applicable Legal Requirements deposit shall (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by a cash deposits deposit as herein above hereinabove described, (ii) shall if the letter of credit exceeds $150,000, be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal RequirementsRequirements and if the letter of credit exceeds $150,000, name Lender as payee or mortgagee thereunder (or at Lender’s 's option, be fully assignable to Lender), ) and (iv) shall in all respects respects, comply with any applicable Legal Requirements and otherwise be reasonably satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence reasonably satisfactory to Lender of Borrower’s 's compliance with the foregoing.

Appears in 1 contract

Samples: Loan Agreement (Fac Realty Trust Inc)

Security Deposits. All security deposits of Tenantslessees, whether held in cash or any other form, shall be held in compliance with all Legal Requirementstreated by Borrower as trust funds, shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s requestand, if permitted by applicable Legal Requirementscash, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held deposited by Deposit Bank subject Borrower in one or more segregated accounts at such commercial or savings bank or banks as is reasonably satisfactory to the terms of the LeasesLender. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements legal requirements (ia) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above hereinabove described, (iib) shall be issued by an institution entity reasonably satisfactory to Lender, (iiic) shall, if permitted pursuant to any Legal Requirementslegal requirements, name Lender as payee or mortgagee beneficiary thereunder (or at Lender’s option, subject to applicable Borrower requirements, be fully assignable to Lender), and (ivd) shall shall, in all respects respects, comply with any applicable Legal Requirements legal requirements and otherwise be reasonably satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence reasonably satisfactory to Lender of Borrower’s compliance with the foregoing. Following the occurrence and during the continuance of any Default, Borrower shall, upon Xxxxxx’s request, if permitted by applicable legal requirements, turn over to Lender the security deposits (and any interest theretofore earned thereon) with respect to all or any portion of the Property, to be held by Lender subject to the terms of the Leases.

Appears in 1 contract

Samples: NNN Healthcare/Office REIT, Inc.

Security Deposits. All security deposits of Tenantstenants, whether held in cash or in any other form, shall be held in compliance with all Legal Requirements, shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s requestor any other person and, if permitted by applicable Legal Requirementscash, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be deposited by Borrower at such commercial or savings bank or banks, or otherwise held by Deposit Bank subject in compliance with applicable law, as may be reasonably satisfactory to the terms of the LeasesLender. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) legal requirements shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above hereinabove described, (ii) ; shall be issued by an institution reasonably satisfactory to Lender, (iii) ; shall, if permitted pursuant to any Legal Requirementsapplicable legal requirements, name Lender as payee or mortgagee thereunder (or or, at Lender’s option, be assigned or fully assignable to Lender); and shall, and (iv) shall in all respects respects, comply with any applicable Legal Requirements legal requirements and otherwise be reasonably satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence reasonably satisfactory to Lender of Borrower’s compliance with the foregoing. Upon an Event of Default under this Mortgage, Borrower shall, immediately upon Lender’s request (if permitted by applicable law), deliver to Lender the security deposits (and any interest previously earned thereon and not disbursed to the person(s) lawfully entitled to receive same) with respect to all or any portion of the Property, to be held by Lender subject to the terms of the Leases.

Appears in 1 contract

Samples: And Security Agreement (Gsi Commerce Inc)

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon LenderXxxxxx’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leases. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s option, be fully assignable to Lender), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence satisfactory to Lender of Borrower’s compliance with the foregoing.

Appears in 1 contract

Samples: Loan Agreement

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leases. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s option, be fully assignable to Lender), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence satisfactory to Lender of Borrower’s compliance with the foregoing.

Appears in 1 contract

Samples: Loan Agreement

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, Requirements and shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon LenderAdministrative Agent’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the LeasesLeases and the Loan Documents. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution Eligible Institution reasonably satisfactory to LenderAdministrative Agent, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender Administrative Agent, for the benefit of the Lenders, as payee or mortgagee thereunder (or at LenderAdministrative Agent’s option, be fully assignable to LenderAdministrative Agent), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be satisfactory to LenderAdministrative Agent. Borrower shall, upon promptly following written request, provide Lender Administrative Agent with evidence reasonably satisfactory to Lender Administrative Agent of Borrower’s compliance with the foregoing.

Appears in 1 contract

Samples: Senior Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

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Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, Requirements and shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leases. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s option, be fully assignable to Lender), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be reasonably satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence reasonably satisfactory to Lender of Borrower’s compliance with the foregoing.

Appears in 1 contract

Samples: Loan Agreement (New York REIT, Inc.)

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, (i) shall be held in compliance with all Legal Requirements, (ii) shall be held in a separate account than Borrower’s Operating Account and (iii) shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon LenderLxxxxx’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then paid over to Lender, to be held by Deposit Bank (in a separate Account), which shall be held by Deposit Bank ) subject to the terms of the LeasesLeases until no Event of Default is continuing. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s option, be fully assignable to Lender), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence satisfactory to Lender of Borrower’s compliance with the foregoing.

Appears in 1 contract

Samples: Building Loan Agreement (ACRES Commercial Realty Corp.)

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, and, if prohibited by applicable law, shall not be commingled with any other funds of BorrowerBorrower or Operating Lessee. During the continuance of an Event of Default, Borrower or Operating Lessee shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leases. Any bond or other instrument which Borrower or Operating Lessee is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s option, be fully assignable to Lender), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be satisfactory to Lender. Borrower or Operating Lessee shall, upon request, provide Lender with evidence satisfactory to Lender of Borrower’s or Operating Lessee’s compliance with the foregoing.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Prime, Inc.)

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, Requirements and shall not be commingled with any other funds of BorrowerBorrowers. During the continuance of an Event of Default, Borrower Borrowers shall, upon LenderAgent’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leases. Any bond or other instrument which Borrower is Borrowers are permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to LenderAgent, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender Agent for the benefit of Lenders as payee or mortgagee thereunder (or at LenderAgent’s option, be fully assignable to LenderAgent), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be satisfactory to LenderAgent. Borrower Borrowers shall, upon request, provide Lender Agent with evidence satisfactory to Lender Agent of Borrower’s Borrowers’ compliance with the foregoing.

Appears in 1 contract

Samples: Loan Agreement (Pacific Office Properties Trust, Inc.)

Security Deposits. All security deposits Borrower shall hold all Security Deposits in a separate account, not commingled with any assets of TenantsBorrower, whether held in cash Property Manager, or any other formPerson, shall be held in compliance with all Legal Requirements, shall not except that Security Deposits for each Individual Property may be commingled with each other. If any other funds Security Deposit is given in the form of Borrower. During the continuance a letter of an Event of Defaultcredit, Borrower shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leases. Any bond or other instrument which Borrower is permitted to hold in lieu of non-cash security deposits under any applicable Legal Requirements instrument, then (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) same shall be issued by an institution reasonably satisfactory to Lender, and (iiiii) shallunless prohibited by law, if permitted pursuant to any Legal Requirements, the same shall name Lender as payee or mortgagee thereunder (payee, or at Lender’s option, shall be fully assignable to Lender), and (iii) the same otherwise in all respects shall be reasonably satisfactory to Lender, and (iv) Borrower shall maintain the same in full force and effect, to the extent of its right to do so. Following the occurrence and during the continuance of any Event of Default, upon Lender’s request, Borrower shall deliver all respects comply with Security Deposits (and any applicable Legal Requirements and otherwise be satisfactory interest theretofore earned thereon) to Lender, to be held by Lender subject to the terms of the Leases. Borrower shallAlso, upon requestLender’s written request (but not more often than one time per calendar year unless an Event of Default exists), Borrower shall provide Lender with evidence reasonably satisfactory to Lender of Borrower’s compliance with the foregoingforegoing and with all requirements of law pertaining to the Security Deposits.

Appears in 1 contract

Samples: Loan Agreement (Strategic Storage Trust II, Inc.)

Security Deposits. All security deposits of Tenants, whether held in cash or in any other form, shall be held in compliance with all Legal Requirements, applicable law. All such security deposits shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and or any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the Leasesother Person. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements legal requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above hereinabove described, ; (ii) shall be issued by an institution reasonably satisfactory to Lender, ; (iii) shall, if permitted pursuant to any Legal Requirementsapplicable legal requirements, name Lender as payee or mortgagee thereunder (or or, at Lender’s option, be assigned or fully assignable to Lender), ; and (iv) shall shall, in all respects respects, comply with any applicable Legal Requirements legal requirements and otherwise be reasonably satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence reasonably satisfactory to Lender of Borrower’s compliance with the foregoing. Upon an Event of Default, Borrower shall, immediately upon Lender’s request (if permitted by applicable law), deliver to Lender the security deposits (and any interest previously earned thereon and not disbursed to the person(s) lawfully entitled to receive same) with respect to all or any portion of the Property, to be held by Lender subject to the terms of the Leases.

Appears in 1 contract

Samples: Loan Agreement (City Office REIT, Inc.)

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Cash Management Deposit Account (which shall then be held by Cash Management Deposit Bank in a separate Account), which shall be held by Cash Management Deposit Bank subject to the terms of the Leases. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s option, be fully assignable to Lender), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence reasonable satisfactory to Lender of Borrower’s compliance with the foregoing.

Appears in 1 contract

Samples: Loan Agreement (Strategic Hotels & Resorts, Inc)

Security Deposits. All Any and all security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, Requirements and shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon Lender’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Cash Management Account (which shall then be held by Deposit Cash Management Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the LeasesLeases and the Loan Documents and applicable Legal Requirements. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution reasonably satisfactory to Lender, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender as payee or mortgagee thereunder (or at Lender’s option, be fully assignable to Lender), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be reasonably satisfactory to Lender. Borrower shall, upon request, provide Lender with evidence reasonably satisfactory to Lender of Borrower’s compliance with the foregoing.

Appears in 1 contract

Samples: Loan Agreement (Pacific Oak Strategic Opportunity REIT II, Inc.)

Security Deposits. All security deposits of Tenants, whether held in cash or any other form, shall be held in compliance with all Legal Requirements, Requirements and shall not be commingled with any other funds of Borrower. During the continuance of an Event of Default, Borrower shall, upon LenderAdministrative Agent’s request, if permitted by applicable Legal Requirements, cause all such security deposits (and any interest theretofore earned thereon) to be transferred into the Deposit Account (which shall then be held by Deposit Bank in a separate Account), which shall be held by Deposit Bank subject to the terms of the LeasesLeases and the Loan Documents. Any bond or other instrument which Borrower is permitted to hold in lieu of cash security deposits under any applicable Legal Requirements (i) shall be maintained in full force and effect in the full amount of such deposits unless replaced by cash deposits as herein above described, (ii) shall be issued by an institution Eligible Institution reasonably satisfactory to LenderAdministrative Agent, (iii) shall, if permitted pursuant to any Legal Requirements, name Lender Administrative Agent, for the benefit of the Lenders, as payee or mortgagee thereunder (or at LenderAdministrative Agent’s option, be fully assignable to LenderAdministrative Agent), and (iv) shall in all respects comply with any applicable Legal Requirements and otherwise be satisfactory to LenderAdministrative Agent. Borrower shall, upon promptly following written request, provide Lender Administrative Agent with evidence reasonably satisfactory to Lender Administrative Agent of BorrowerXxxxxxxx’s compliance with the foregoing.. (e)

Appears in 1 contract

Samples: Senior Loan Agreement (Pacific Oak Strategic Opportunity REIT, Inc.)

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