COMMITTED FACILITY Sample Clauses

COMMITTED FACILITY. The Bank acknowledges that the Facility is a committed facility and that the Bank shall be obligated to make any Loan requested during the Facility Period under this Agreement, subject to the terms and conditions hereof; provided, however, that the Bank shall not be obligated to make any Loan if this Facility has been terminated by the Borrowers, or if at the time of a request for a Loan by a Borrower (on behalf of the applicable Fund(s)) there exists any Event of Default or condition which, with the passage of time or giving of notice, or both, would constitute or become an Event of Default with respect to such Borrower (or such applicable Fund(s)).

COMMITTED FACILITY. CapCo acknowledges that the Facility is a committed facility and that CapCo shall be obligated to make any Loan requested during the Facility Period under this Agreement, subject to the terms and conditions hereof; provided, however, that CapCo shall not be obligated to make any Loan if this Facility has been terminated by the Borrower, or to a Borrower on behalf of a proposed borrowing Fund, if at the time of a request for a Loan by a Borrower (on behalf of such applicable borrowing Fund) there exists any Event of Default or condition which, with the passage of time or giving of notice, or both, would constitute or become an Event of Default with respect to such Fund.

COMMITTED FACILITY. The Bank acknowledges that the Facility is a committed facility and that the Bank shall be obligated to make any Loan requested during the Facility Period under this Agreement, SUBJECT TO the terms and conditions hereof; PROVIDED, HOWEVER, that the Bank shall not be obligated to make any Loan if this Facility has been terminated by the Borrowers, or to a Borrower on behalf of a proposed borrowing Fund, if at the time of a request for a Loan by such Borrower (on behalf of such applicable borrowing Fund) there exists any Event of Default or condition which, with the passage of time or giving of notice, or both, would constitute or become an Event of Default with respect to such Fund.

COMMITTED FACILITY. Subject to the terms and conditions hereof, each Lender severally agrees to make, on the Closing Date, a Loan to Company in an amount less than or equal to such Lender's Commitment. Subject to the terms and conditions hereof, Company may make additional borrowings under the Commitments after the Closing Date, pro rata from each Lender, until the entire Commitment of each Lender has been borrowed, provided that (A) each such borrowing must equal or exceed $1,000,000 for all Lenders collectively and (B) no such borrowing may be made after the Availability Termination Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11 and 2.14, all amounts owed hereunder with respect to the Loans shall be paid in full no later than the Maturity Date.

COMMITTED FACILITY. (a) If (i) an event described in Section 9(b)(viii) occurs, (ii) Seller shall not have previously agreed to pay to Buyer an increased Pricing Rate to cover Buyer’s increased costs arising out of or relating to or resulting from such event, and (iii) Buyer shall determine, solely based on such event and in its sole discretion, whether pursuant to such event being classified as a condition precedent to a Transaction or otherwise, to no longer enter into future Transactions, (x) Buyer shall remit to Seller the pro rata portion of the Renewal Commitment Fee paid by Seller for the portion of such term of the Repurchase Agreement during which Buyer shall have determined to no longer enter into future Transactions and (y) such date of determination shall be deemed the “Termination Date” for the purpose of calculating the Non-Utilization Fee at such time which shall be the final Non-Utilization Fee due and owing hereunder. (b) If an event described in Section 3(f) or 3(k) occurs and Seller shall determine, solely based on such event and in its sole discretion, to no longer enter into future Transactions as a result of such increased costs, (i) Buyer shall remit to Seller the pro rata portion of the Renewal Commitment Fee paid by Seller for the portion of such term of the Repurchase Agreement during which Seller shall have determined to no longer enter into future Transactions and (ii) such date of determination shall be deemed the “Termination Date” for the purpose of calculating the Non-Utilization Fee at such time which shall be the final Non-Utilization Fee due and owing hereunder.

COMMITTED FACILITY. Notwithstanding anything to the contrary contained herein, (i) to the extent that any delivery requirement of the Grantors hereunder in respect of Collateral not included in the Borrowing Base conflict, as determined by such Grantor in its reasonable discretion, with delivery requirements under the Committed Facility Security Agreement, the applicable Grantor may choose whether to satisfy such delivery requirement by delivering such Collateral to the Agent or the Uncommitted Facility Agent and (ii) to the extent that any delivery requirement hereunder in respect of Collateral included in the Borrowing Base (and Proceeds thereof) conflict, as determined by such Grantor in its reasonable discretion, with delivery requirements under the Committed Facility Security Agreement, the applicable Grantor shall comply with the provisions hereunder.

COMMITTED FACILITY. (a) A portion of the Maximum Participation Amount of the Warehouse Facility, in the amount of $1,000,000.00 (the “Committed Facility Amount”), is a committed facility (the “Committed Facility”) under the Warehouse Facility for the purchase by Bank from Seller of Participation Interests pursuant to the provisions of Section 2(b) of this Addendum. Accordingly, subject to the provisions of Section 2(b) of this Addendum, Bank agrees that it will from time to time during the term of the Warehouse Agreement purchase Participation Interests from Seller in Eligible Mortgage Loans having a total aggregate amount of related Purchase Prices of at least the Committed Facility Amount. Notwithstanding anything herein to the apparent contrary, the remaining portion of the Maximum Participation Amount of the Warehouse Facility (which does not constitute part of the Committed Facility) shall not, and does not, constitute a committed facility. (b) Bank shall purchase, under the Committed Facility, Participation Interests in Eligible Mortgage Loans having a total aggregate amount of related Purchase Prices not exceeding the Committed Facility Amount, provided that the purchase of each Participation Interest under the Committed Facility shall be subject to the following: (i) prior to the Advance Request Termination Date, Bank shall have received a Request from Seller to purchase such Participation Interest under the Committed Facility of a Participation at least one (1) Business Day prior to the date of the related Advance and otherwise pursuant to the provisions of the Warehouse Agreement; (ii) no Event of Default has occurred; (iii) all of the other provisions of the Warehouse Agreement for the purchase of such Participation Interests (other than the provisions of Section 2.2 of the Warehouse Agreement) shall have been satisfied; and (iv) the Advance under the Committed Facility for the purchase of such Participation Interest shall be made in accordance with the provisions of Section 2(c) of this Addendum and the other provisions of the Warehouse Agreement. (c) Seller shall, at least one (1) Business Day prior to the date of each proposed Advance under the Committed Facility, deliver to Bank a Request and such other documents and information required under the Warehouse Agreement for such Advance. The proceeds of an Advance under the Committed Facility must be used by Seller to fund the origination (or, if permitted under the Warehouse Agreement, acquisition) of the related...

COMMITTED FACILITY. Lender agrees, subject to the terms and conditions hereof, to provide a committed line of credit (the “Committed Facility”) to Borrower to make Advances or to issue for the account of Borrower Letters of Credit of a tenor and containing such terms as may be reasonably acceptable to Lender. Subject to Sections 2.2 and 2.3 below, Lender shall make such Advances and issue such Letters of Credit, from time to time from the Closing Date to but excluding the Termination Date, in an aggregate outstanding amount not to exceed Sixteen Million Dollars ($16,000,000.00); provided that Lender shall not make any Advance nor issue any Letter of Credit if the making of such Advance and/or issuance of such Letter of Credit, together with the aggregate principal amount of all Advances then outstanding, the then outstanding L/C Exposure, and the amount of any Bank Product Reserve will exceed the Borrowing Base.

COMMITTED FACILITY. Without prejudice to the provisions of Clause 40, no Bank may cancel its Commitment before the Final Issue Date (other than at the request of the Company pursuant to Clause 17.3 and save as expressly provided in this Agreement). No Issuing Bank may cancel, other than at the request of the Beneficiary, any Bonding Guarantee issued by it and no Tranche A Participating Bank may cancel its participation in any Tranche A Bonding Guarantee at any time prior to the Expiry Date of that Bonding Guarantee, or if a call has been made on that Bonding Guarantee prior to it having satisfied in full its obligations under this Agreement in respect of that Bonding Guarantee, notwithstanding that such Expiry Date has been extended pursuant to Clause 8 or that the maximum aggregate contingent liabilities of the relevant Issuing Bank under that Bonding Guarantee is reduced to zero. For the avoidance of doubt the occurrence of the Final Issue Date will not affect the maturity, renewal, extension or any other terms of any Bonding Guarantee.

COMMITTED FACILITY. The Buyer, the Seller, the Guarantor and FIC hereby agree that they will enter into Transactions on a committed basis on and after the date of the Equity Closing. The Buyer's obligation to enter into any Transaction is subject to the following conditions: (i) no event or events shall have occurred in the good faith determination of the Buyer resulting in the effective absence of a "repo market" or comparable "lending market" for financing debt obligations secured by securities or an event or events shall have occurred resulting in the Buyer not being able to finance the Eligible Assets through the "repo market" or "lending market" with traditional counterparties at rates which would have been reasonable prior to the occurrence of such event or events; provided, that the Buyer shall be obligated to enter into Transactions at such time as the "repo market" or "lending market" resumes and provided, further, that if the Buyer shall invoke the foregoing provision, the Buyer shall use reasonable efforts to ascertain a Pricing Rate (which may be higher) at which the Buyer would be willing to enter into Transactions notwithstanding the circumstances which gave rise to the Buyer invoking the foregoing provision; or (ii) no Event of Default or Event of Termination has occurred or is continuing nor is there any event with the passage of time would result in an Event of Default or an Event of Termination; or (iii) all representations and warranties set forth in the Repurchase Agreement are true and correct.