Common use of Application to Debt Clause in Contracts

Application to Debt. All Net Proceeds not required (i) to be made available for the Restoration or (ii) to be returned to Borrower as excess Net Proceeds pursuant to Section 7.4.1(i) above may be retained and applied by Lender toward the payment of the Debt whether or not then due and payable in such order, priority and proportions as Lender in its sole discretion shall deem proper, or, at the discretion of Lender, the same may be paid, either in whole or in part, to Borrower for such purposes as Lender shall designate, in its discretion.

Appears in 2 contracts

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