Common use of Expenditures and Payments Clause in Contracts

Expenditures and Payments. A. Marriott, on behalf of and in coordination with the Managers pursuant to their obligations under the Management Agreements, and in each instance subject to the provisions of this Agreement, shall make expenditures, to the extent of the sufficiency of funds available therefor pursuant to this Agreement, for all Aggregate Deductions, and then, to reimburse Marriott or any Affiliate for expenditures to the extent such expenditures have constituted a Manager Reserve Advance pursuant to any of the Management Agreements. Payments made to reimburse Marriott or any Affiliate for expenditures to the extent that such expenditures have constituted a Manager Reserve Advance shall be deducted from Aggregate Operating Profit prior to any other deduction or distribution therefrom except for distributions of Aggregate Tenant’s Priority. B. Tenant irrevocably directs Marriott to pay and Marriott agrees to pay (or repay, as applicable), from Aggregate Operating Profit, without notice, demand or request therefor, but in each instance subject to the provisions of this Agreement: (i) Aggregate Tenant’s Priority, to Tenant when due and payable hereunder, to the extent of the sufficiency of Aggregate Operating Profit therefor, (ii) distributions to Tenant, Marriott and/or the Managers with respect to the Tenant Advances, Additional Marriott Advances and Additional Manager Advances, (iii) distributions to the Managers with respect to the Aggregate First Incentive Management Fee, (iv) distributions to Tenant to replenish any Security Deposit Advances, (v) distributions to the Managers with respect to the Aggregate Second Incentive Management Fee, and (vi) distributions to Tenant of the remaining balance, if any, in each of the foregoing instances set forth in this Section 4.02.B(i) through (vi), at the time interim distributions are made pursuant to Section 3.01, and to the extent of the sufficiency of and in the order of distribution of Aggregate Operating Profit pursuant to Section 2.02.A.

Appears in 2 contracts

Sources: Pooling Agreement (Hospitality Properties Trust), Pooling Agreement (Hospitality Properties Trust)

Expenditures and Payments. A. Marriott, on behalf of and in coordination with the Managers pursuant to their obligations under the Management Agreements, and in each instance subject to the provisions of this Agreement, shall make expenditures, to the extent of the sufficiency of funds available therefor pursuant to this Agreement, for all Aggregate Deductions, and then, to reimburse Marriott or any Affiliate for expenditures to the extent such expenditures have constituted a Manager Reserve Advance pursuant to any of the Management Agreements. Payments made to reimburse Marriott or any Affiliate for expenditures to the extent that such expenditures have constituted a Manager Reserve Advance shall be deducted from Aggregate Operating Profit prior to any other deduction or distribution therefrom except for distributions of Aggregate Tenant’s 's First Priority. B. Tenant irrevocably directs Marriott to pay and Marriott agrees to pay (or repay, as applicable), from Aggregate Operating Profit, without notice, demand or request therefor, but in each instance subject to the provisions of this Agreement: (i) Aggregate Tenant’s 's First Priority, Aggregate Tenant's Second Priority and Aggregate Tenant's Third Priority, to Tenant when due and payable hereunder, to the extent of the sufficiency of Aggregate Operating Profit therefor, (ii) distributions replenishment of any Holdback Agreement Advances to Tenant, (iii) distributions to Tenant and Marriott and/or the Managers with respect to the Tenant Advances, Additional Marriott Advances and Additional Manager Advances, (iiiiv) distributions to the Managers with respect to the Aggregate First Incentive Priority Management Fee, (iv) distributions to Tenant to replenish any Security Deposit Advances, (v) distributions to the Managers with respect to the Aggregate Second Incentive Base Management Fee, and (vi) any other distributions to Tenant of the remaining balance, if anyprovided for in Section 2.02.A, in each of the foregoing instances set forth in this Section 4.02.B(i) through (vi), at the time interim distributions are made pursuant to Section 3.01, and to the extent of the sufficiency of and in the order of distribution of Aggregate Operating Profit pursuant to Section 2.02.A.

Appears in 1 contract

Sources: Pooling Agreement (Hospitality Properties Trust)

Expenditures and Payments. A. Marriott, on behalf of and in coordination with the Managers pursuant to their obligations under the Management Agreements, and in each instance subject to the provisions of this Agreement, shall make expenditures, to the extent of the sufficiency of funds available therefor pursuant to this Agreement, for all Aggregate Deductions, . The Tenants agree and then, authorize Marriott to reimburse Marriott or any Affiliate for expenditures to the extent such expenditures have constituted a Manager Reserve Advance pursuant to any Emergency Funding from future Reserves of the Management Agreements. Payments made to reimburse applicable Portfolio Properties, unless Marriott or any Affiliate for expenditures Affiliate, as applicable, elects to treat such Emergency Funding as an Additional Manager Advance or Additional Marriott Advance with respect to the extent that such expenditures have constituted a Manager Reserve Advance shall be deducted from Aggregate Operating Profit prior to any other deduction or distribution therefrom except for distributions of Aggregate Tenant’s PriorityPortfolio Property. B. Each Tenant irrevocably authorizes and directs Marriott to pay and Marriott agrees to pay (or repay, as applicable), from Aggregate Operating Profit, without notice, demand or request therefor, but in each instance subject to the provisions of this Agreement: (i) Aggregate Tenant’s Priority, to Tenant when due and payable hereunder, distributions to the extent of the sufficiency of Tenants with respect to Aggregate Operating Profit thereforTenants’ Priority, (ii) distributions to Tenantthe Tenants with respect to the Aggregate Ground Lease Rent (if any), (iii) distributions to the Managers with respect to the Aggregate Base Management Fee, (iv) distributions to the Tenants, Marriott and/or the Managers with respect to the Tenant Advances, Additional Marriott Advances and Additional Manager Advances, (iiiv) distributions to the Managers with respect to any accrued, but unpaid Aggregate Base Management Fees, (vi) distributions to the Managers with respect to the Aggregate First Incentive Management Fee, (ivvii) distributions to Tenant to replenish any the Tenants for Security Deposit AdvancesReplenishment, (vviii) distributions to the Managers with respect to the Aggregate Second Incentive Management Fee, and (viix) distributions to Tenant the Tenants of the remaining balance, if any, in each of the foregoing instances set forth in this Section 4.02.B(i) through (viix), at the time interim distributions are made pursuant to Section 3.013.01 hereof, and to the extent of the sufficiency of of, and in the order of distribution of of, Aggregate Operating Profit pursuant to Section 2.02.A.2.02.A hereof.

Appears in 1 contract

Sources: Pooling Agreement (Service Properties Trust)