Common use of Administration of Loans, Generally Clause in Contracts

Administration of Loans, Generally. (a) Upon request Lender shall provide Development with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documents. (b) Lender shall disclose to the Borrower and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, of the existence of this Deposit Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Borrower. Lender shall exercise the same degree of care and discretion in servicing the Loan and collecting payments from the Borrower as it would take in servicing the Loan and collecting payments solely for its own account. (c) Lender shall provide all detail reasonably requested by Development regarding the breakdown of individual payments, credits, fees, or other charges against the Loan, including without limitation, itemization of the foregoing items. (d) Lender may amend the terms and conditions of the Loan Documents without the consent of Development, provided however, the Lender may not, without the express prior written approval of Development, by amendment or otherwise: (i) amend any of the Lender certifications made in the Collateral Enhancement Program Lender Application or the Collateral Enhancement Program Borrower’s Information and Certification Form, or (ii) increase the Loan length, or (iii) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or obligor of the Loan; or (iv) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or (b) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business.

Appears in 2 contracts

Samples: Cash Collateral Deposit Agreement, Cash Collateral Deposit Agreement

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Administration of Loans, Generally. (a) Upon request request, Lender shall provide Development with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documents. (b) Lender shall disclose to the Borrower and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, of the existence of this Deposit Enhancement Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Borrower. Lender shall exercise the same degree of care and discretion in servicing the Loan and collecting payments from the Borrower as it would take in servicing the Loan and collecting payments solely for its own account. (c) Lender shall provide all detail reasonably requested by Development regarding the breakdown of individual payments, credits, fees, or other charges against the Loan, including without limitation, itemization of the foregoing items. (d) Lender may amend the terms and conditions of the Loan Documents without the consent of Development, provided however, the Lender may not, without the express prior written approval of Development, by amendment or otherwise: (i) amend any of the Lender certifications made in the Collateral Enhancement Program Lender Application or the Collateral Enhancement Program Borrower’s Information and Certification Form, or (ii) increase the Loan length, or (iii) waive or release any claim against any Borrower or any co-co- maker, guarantor, endorser, other debtor or obligor of the Loan; or (iviii) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or or (b) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business.

Appears in 2 contracts

Samples: Collateral Enhancement Agreement, Collateral Enhancement Agreement

Administration of Loans, Generally. (a) Upon request request, Lender shall provide Development with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documents. (b) Lender shall disclose to the Borrower and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, of the existence of this Deposit Enhancement Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Borrower. Lender shall exercise the same degree of care and discretion in servicing the Loan and collecting payments from the Borrower as it would take in servicing the Loan and collecting payments solely for its own account. (c) Lender shall provide all detail reasonably requested by Development regarding the breakdown of individual payments, credits, fees, or other charges against the Loan, including without limitation, itemization of the foregoing items. (d) Lender may amend the terms and conditions of the Loan Documents without the consent of Development, provided however, the Lender may not, without the express prior written approval of Development, by amendment or otherwise: (i) amend any of the Lender certifications made in the Collateral Enhancement Program Lender Application or the Collateral Enhancement Program Borrower’s Information and Certification Form, or (ii) increase the Loan length, or (iii) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or obligor of the Loan; or (iviii) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or (b) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business.

Appears in 1 contract

Samples: Collateral Enhancement Agreement

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Administration of Loans, Generally. (a) Upon request request, Lender shall provide Development with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documents. (b) Lender shall disclose to the Borrower and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, of the existence of this Deposit Enhancement Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Borrower. Lender shall exercise the same degree of care and discretion in servicing the Loan and collecting payments from the Borrower as it would take in servicing the Loan and collecting payments solely for its own account. (c) Lender shall provide all detail reasonably requested by Development regarding the breakdown of individual payments, credits, fees, or other charges against the Loan, including without limitation, itemization of the foregoing items. (d) Lender may amend the terms and conditions of the Loan Documents without the consent of Developmentthe Department, provided however, the Lender may not, without the express prior written approval of Developmentthe Department, by amendment or otherwise: (i) amend any of the Lender certifications made in the Collateral Enhancement Program Lender Application or the Collateral Enhancement Program Borrower’s Information and Certification Form, or (ii) increase the Loan length, or (iii) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or obligor of the Loan; or (iviii) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or (b) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business.

Appears in 1 contract

Samples: Collateral Enhancement Agreement

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