are satisfied Sample Clauses

are satisfied. The Borrower shall, on or before the issuance, extension or renewal of such Letter of Credit, deposit and pledge Cash Collateral for each such Letter of Credit in an amount equal to 105% of the face value of such outstanding Letter of Credit plus the amount of fees that would be due under such Letter of Credit through the expiry date of such Letter of Credit. Such Cash Collateral shall be deposited pursuant to documentation reasonably satisfactory to the Administrative Agent and such Issuing Lender and the Borrower and shall be maintained in blocked deposit accounts at such Issuing Lender. The Borrower hereby grants to the applicable Issuing Lender a security interest in all Cash Collateral pledged to such Issuing Lender pursuant to this Section or otherwise under this Agreement. The Cash Collateral related to a particular Letter of Credit shall be released by the applicable Issuing Lender upon termination or expiration of such Letter of Credit and the reimbursement by the Loan Parties of all amounts drawn thereon and the payment in full of all fees accrued thereon through the date of such expiration or termination. After the Revolving Maturity Date, the Borrower shall pay any and all fees associated with any such Letter of Credit with an expiration date that extends beyond the Revolving Maturity Date directly to the applicable Issuing Lender.

are satisfied. The Special Sub-Servicer shall continue, however, to sub-service any and all Specially Serviced Mortgage Loans transferred to it prior to the date of this Agreement, including those Specially Serviced Mortgage Loans related to the Series identified in Exhibit B hereto, all in accordance with the terms and conditions hereof.

are satisfied. If the Borrower has so requested a Swingline Loan but the conditions for borrowing under SECTION

are satisfied. If the Borrower has so requested a Swingline Loan but the conditions for borrowing under SECTION 4.02 cannot in fact be fulfilled, (x) the Borrower shall give immediate notice (a “Noncompliance Notice”) thereof to the Administrative Agent and the Swingline Lender, and the Administrative Agent shall promptly provide each Lender with a copy of the Noncompliance Notice, and (y) the Required Lenders may direct the Swingline Lender to, and the Swingline Lender thereupon shall, cease making Swingline Loans (other than Permitted Overadvances) until such conditions can be satisfied or are waived in accordance with SECTION 9.

are satisfied. Upon the issuance of a Standby Letter of Credit, each Revolver Lender shall be deemed to have irrevocably and unconditionally purchased from the Issuing Bank, without recourse or warranty, an undivided Pro Rata interest and participation in all Standby LC Obligations relating to the Standby Letter of Credit. If the Issuing Bank makes any payment under a Standby Letter of Credit and the Borrowers do not reimburse such payment on the Reimbursement Date, the Administrative Agent shall promptly notify the Revolver Lenders and each Revolver Lender shall promptly (within one Business Day) and unconditionally pay to the Administrative Agent, for the benefit of the Issuing Bank, the Revolver Lender’s Pro Rata share of such payment which is not so reimbursed. (ii) If any such amount is paid to the Issuing Bank after the date such payment is due, such Revolver Lender shall pay to the Issuing Bank on demand, in addition to such amount, interest thereof calculated at a per annum rate equal to the product of (i) such amount, times (ii) the daily average Federal Funds Effective Rate as determined by the Administrative Agent during the period from and including the date such payment is due to the date on which such payment is immediately available to the Issuing Bank. A certificate of the Issuing Bank with respect to any amounts owing under this Section shall be conclusive in the absence of manifest error. With respect to payment to the Issuing Bank of the unreimbursed amounts described in this Section, if the Revolver Lender receives notice that any such payment is due (A) prior to 1:00 p.m. on any Business Day, such payment shall be due that Business Day, and (B) after 1:00 p.m. on any Business Day, such payment shall be due on the following Business Day. Whenever, at any time after the Issuing Bank has made payment under any Standby Letter of Credit and has received from any Revolver Lender its Pro Rata share of such payment in accordance with this Section, the Issuing Bank receives any payment related to such Standby Letter of Credit (whether directly from a Borrower or otherwise), or any payment of interest on account thereof, the Issuing Bank will distribute to such Revolver Lender its Pro Rate share thereof; provided, that in the event that any such payment received by the Issuing Bank shall be required to be returned by the Issuing Bank, such Revolver Lender shall return to the Issuing Bank the portion thereof previously distributed by the Issuing Bank to it. (ii...

are satisfied. The Servicer shall notify the Trustee that any assumption and modification agreement has been completed by delivering to the Trustee an Officer's Certificate certifying that such agreement is in compliance with this Section 3.6 and by forwarding to the Document Custodian the original copy of such assumption and modification agreement. Any such assumption and modification agreement shall, for all purposes, be considered a part of the related Mortgage File to the same extent as all other documents and instruments constituting a part thereof. No change in the terms of the related Mortgage Loan may be made by the Servicer in connection with any such assumption to the extent that such change would not be permitted to be made in respect of the original Mortgage Loan pursuant to Section 3.1(e). Any fee collected by the Servicer for entering into any such agreement will be retained by the Servicer as additional servicing compensation.

are satisfied. The Borrower (i) shall be and shall remain the general partner, managing member, controlling shareholder or similar controlling entity of such Subsidiary (each such entity is hereinafter referred to as an "Additional Guarantor"), (ii) shall own and shall continue to own a controlling interest of the legal, beneficial and voting interests of such Additional Guarantor and (iii) shall have control over all major (including the decision to sell or encumber such Person's assets) and other day-to-day decisions with respect to the operation of such Additional Guarantor;

are satisfied. The Seller shall pay to the Agent the fees set forth in the Fee Letter and the expenses of the Agent (including legal fees) and shall deliver to the Agent the following documents in form, substance and quantity reasonably acceptable to the Agent, as applicable:

are satisfied. Under no circumstances shall the Prefunding Deposit cause (i) the Net Investment to exceed the Facility Amount and (ii) any Investor to make any Prefunding on any Prefunding Date in excess of the lesser of (a) such Investor's Pro Rata Share of the portion of the Prefunding Deposit not funded by VFCC and (b) the amount by which such Investor's Commitment exceeds such Investor's share of the Net Investment prior to such Prefunding Date. Subject to the terms and conditions set forth herein, no later than 4:30 p.m. (Charlotte, North Carolina time) on the Prefunding Date on which the Prefunding Deposit is to be made, VFCC or the Investors, as the case may be, shall deposit into the Prefunding Account the Prefunding Deposit. On each Prefunding Date, the Borrower shall deposit (or cause to be withheld from the Prefunding Deposit) to the credit of the Reserve Account an amount equal to an amount necessary to fund the Reserve Account to the Required Reserve Account Amount.

are satisfied. The Borrower hereby notifies the Administrative Agent of its request for the following Borrowing: 1. Aggregate Amount of the Borrowing6: $_________________.