Administration of the Loan Sample Clauses

Administration of the Loan. The Borrower will comply, during the term of the Loan, with the City's requirements with regard to Draw Request procedures, reporting procedures, and other matters related to the Loan; will utilize the City's forms in connection therewith; and, without limiting the generality of the foregoing, will provide the City monthly, during the term of the Loan, with such photographs of the Property as the City shall reasonably require.

Administration of the Loan. (a) The Lender shall provide the MSF with copies of all financial statements provided by the Borrower to the Lender and copies of all Loan Documents. Unless the Chairperson of the MSF Board or MSF Fund Manager specifically exempts one or more specific documents (under terms and conditions acceptable to the Chairperson of the MSF Board or MSF Fund Manager), the Lender shall provide the MSF with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documents. [In addition, to the extent Borrower is a real estate holding company using the proceeds of the Loan to acquire and hold real property and subsequently leasing the real property to a related operating company, Lender shall deliver to the MSF a fully executed copy of the “Operating Company Certification” in the form of Appendix C attached to this Agreement upon execution. ADD ONLY FOR HOLDING COMPANY DEALS] (b) The 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. The 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) The Lender may amend the terms and conditions of the Loan Documents without the consent of the MSF, provided however, the Lender may not, without the express prior written approval of the Chairperson of the MSF Board or MSF Fund Manager, by amendment or otherwise: (i) increase the amount of the Loan (ii) amend any of the Lender Assurances on Appendix A or any of the Borrower Assurances on Appendix B, 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; or (v) effectuate any of the circumstances in Section 7(c)(i), Section 7(c)(ii), Section 7(c)(iii), or Section 7(c)(iv).

Administration of the Loan. The Bank may administer the Loan or any part thereof by booking same with any of its branches, whether in Israel or abroad. The Bank may at any time and from time to time at its own discretion and without any consent being required from the Borrower, transfer the administration of the Loan or any part thereof from one branch of the Bank to another, whether in Israel or abroad without prejudice to the Borrower as a consequence of such transfer.

Administration of the Loan. (a) The Lender shall provide the Department with copies of all Loan documents and all financial statements provided by the Borrower to the Lender upon request. (b) The Lender shall disclose to the Borrower and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, the existence of this Guarantee Agreement in connection with the making and servicing of the Loan and collecting payments. The 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) The Lender may amend the terms and conditions of the Loan documents providing written notice to the Department.

Administration of the Loan. (a) The Servicer shall service and administer the Loan, as agent for the Holders, in accordance with the express terms of this Agreement and Accepted Loan Servicing Practices, taking into account the interests of the Holders with a view to maximizing the realization for all Holders as a collective whole. The Holders acknowledge that the Servicer is to comply with this Agreement and the Loan Documents in servicing the Loan and, notwithstanding anything to the contrary contained herein, shall act at all times at the direction of the Company. Servicer shall not be entitled to any servicing fees or other compensation for its services hereunder except for the Management Fee and the Workout Fee, each as described below in Section 2(i). (b) The Servicer shall: (i) provide to the Holders (1) a summary of the current status of principal and interest payments on the Loan, (2) copies of the Borrower’s current financial statements, to the extent in the Servicer’s possession, (3) current information, if any, as to the value of the Property, to the extent in the Servicer’s possession, (4) copies of any default or acceleration notices sent to the Borrower with respect to the Loan and all material correspondence related thereto, (5) copies of all notices received or given by Servicer pursuant to any intercreditor agreement related to the Loan, (6) copies of any written report prepared by any consultant retained by Servicer, and (7) other information with respect to the Borrower or the Loan, requested by any Holder, to the extent in the Servicer’s possession. (ii) receive all payments of interest, principal and other sums on account of or with respect to the Loan; (iii) in accordance with the provisions of this Agreement, remit to the Company or to the applicable Subsidiary all interest, principal and other sums received by or on behalf of Servicer on account of or with respect to the Loan; (iv) notwithstanding anything to the contrary in the Loan Documents, notify each Holder of the amount of each unfunded disbursement, if any, of the Loan requested by Borrower (which may be greater than the amount actually disbursed) at least five (5) Business Days prior to the date of disbursement. (c) Except as otherwise expressly provided herein and subject to the terms of the Program Agreement and the Master Venture Agreement, the Servicer shall have full power and authority to do or perform any act or thing which in the reasonable judgment of the Servicer is necessary to enable it t...

Administration of the Loan. (a) The Lender shall provide the Department with copies of all financial statements provided by the Borrower to the Lender, and copies of all Loan Documents. Unless the Department specifically exempts one or more specific documents (under terms and conditions acceptable to the Department), the Lender shall provide the Department with any additional documents in its possession or control arising out of, or related to, the Loan or the Loan Documents. (b) The Lender shall disclose to the Borrower and any co-maker, guarantor, endorser, other debtor or obligor of the Loan, the existence of this Guaranty Agreement in connection with the making and servicing of the Loan and collecting payments to be made by the Eligible Passive Borrower. The 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) The Lender may amend the terms and conditions of the Loan Documents providing written notice to the Department, provided however, the Lender may not, without the express prior written approval of the Department, by amendment or otherwise: (i) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or obligor of the Loan; or (ii) 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; or (iii) effectuate any of the circumstances in Section 4(b).

Administration of the Loan. (a) Subject to the terms of this Agreement, the servicing of the Loan shall be administered by the Administrator for the benefit of the Holders in accordance with the Loan Agreement and this Agreement. The Holders hereby appoint [SPM/SMF],7 as the initial Administrator hereunder. The Administrator shall, until the Loan has been paid in full: (i) cause the Servicer to receive all payments of interest, principal and other sums on account of or with respect to the Loan; 7 SPM or SMF to be appointed initial Administrator. (ii) in accordance with the provisions of and priorities set forth in this Agreement, cause the Servicer to remit to (or cause to be remitted to) each of the Holders to the account designated by such Holder, such Holder’s share of interest, principal and other sums received on account of or with respect to the Loan, in each case, as and when required pursuant to the Servicing Agreement; and (iii) cause the Servicer to use diligent efforts in accordance with Accepted Servicing Practices and this Agreement to recover from the Borrower and other obligors under the Loan all amounts then due in respect of the Loan and all expenses incurred which are reimbursable from the Borrower and/or any other obligor under the Loan, and otherwise service and administer (or cause the Servicer to service and administer) the Loan in accordance with this Agreement, the Loan Documents and Accepted Servicing Practices, without regard to any conflict created by any Holder’s ownership of its Note in the Loan (or any other ownership interest it may now have or it or Administrator may acquire in the Loan); (iv) cause the Servicer to, in accordance with the terms and provisions of the Servicing Agreement, promptly furnish to the each of the Holders, copies of all information received by the Administrator and/or the Servicer relating to the Loan, including all written correspondence between the Servicer and/or the Administrator and the Borrower, including, but not limited to, copies of all reports, financial statements, notices and requests for consents provided to the Administrator and/or the Servicer by the Borrower or other party pursuant to the Loan Documents. Nothing contained in this Agreement is intended to create and the Administrator shall not have by reason of this Agreement an agency or fiduciary relationship, it being acknowledged that the Administrator’s obligations are primarily administrative in nature. The Administrator shall not be required to take any ac...

Administration of the Loan. Subject to the terms of this Agreement, the servicing of the Loan shall be administered by the Administrator for the benefit of the Holders in accordance with the Loan Agreement and this Agreement. The Holders hereby appoint [SPM/SMF],7 as the initial Administrator hereunder. The Administrator shall, until the Loan has been paid in full:

Administration of the Loan. 9.7.1 Except as otherwise specifically set forth in this Agreement, no amendment or waiver of any provision of this Agreement or any other Loan Document, and no consent with respect to any departure by the Borrower or other Obligor therefrom, shall be effective unless the same shall be in writing and signed by the Required Lenders (with a fully executed copy thereof delivered to the Agent) (or by the Agent with the consent of the Required Lenders) and the Obligors party thereto (except in the case of a consent with respect to any departure by the Borrower or other Obligor from any Loan Document, which does not require the signature of any Obligor) and then any such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. 9.7.2 Notwithstanding the foregoing, no such waiver, amendment, or consent shall be effective with respect to the following, unless consented to in writing by all Lenders (or the Agent with the consent of all Lenders): (a) release or subordinate any portion of the Security or subordinate the Secured Obligations in right of payment, in each case except as provided for in the Intercreditor Agreement as in effect on the Closing Date or as contemplated by Section 9.13 as in effect on the Closing Date, amend Section 9.13.1 and the defined terms used therein as in effect on the Closing Date, or amend, waive or otherwise modify any Loan Document that would have the effect of subordinating any portion of the Security or subordinating the Secured Obligations; (b) amend the definition of "Required Lenders", this Section 9.7.2 or Section 9.7.3; or (c) amend any provision hereof specifying the number or percentage of Lenders required to waive, amend or modify any rights hereunder or make any determination or grant any consent hereunder. 9.7.3 Notwithstanding the foregoing, no such waiver, amendment, or consent shall be effective with respect to the following, unless consented to in writing by all affected Lenders (or the Agent with the consent of all affected Lenders): (a) increase or extend any Pro Rata Share or the Loan; (b) postpone or delay any date fixed by this Agreement or any other Loan Document for any (i) scheduled payment of principal, interest or fees or (ii) payment of other amounts due to the Lenders (or any of them) hereunder or under any other Loan Document; (c) reduce or forgive the principal of, or the rate of interest specified herein on the Loan, or any fees or other amounts p...

Administration of the Loan. (a) Upon the request of IHFA as necessary to comply with the SSBCI requirements, the Lender shall provide IHFA with copies of all financial statements and tax returns provided by the Borrower to the Lender, and copies of all Loan Documents. (b) The 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. The 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) The Lender may amend the terms and conditions of the Loan Documents without the consent of IHFA, provided however, the Lender may not, without the express prior written approval of the President of IHFA or another officer of IHFA designated by the President, by amendment or otherwise: (i) amend any of the Lender warranties and representations herein or any of the Borrower representations in the Borrower's Certificate and Agreement submitted with the Loan Documents, or (ii) waive or release any claim against any Borrower or any co-maker, guarantor, endorser, other debtor or obligor of the Loan; or (iii) consent to any release, substitution, or exchange of collateral, except (a) sales of inventory in the ordinary course of business or (b) collection of accounts receivable in the ordinary course of business, or (c) sales, substitution and exchange of worn or obsolete equipment in the ordinary course of business; or (iv) effectuate any of the circumstances in Section 6(c)(i), Section 6(c)(ii), or Section 6(c)(iii).