Consequential Loss. The Borrower and the Servicer shall indemnify each Affected Party against, and shall pay to the Administrative Agent for such Affected Party within ten days after request therefor, any Consequential Loss of any Affected Party. When any Affected Party requests that the Borrower or the Servicer pay any Consequential Loss, it shall deliver to the Borrower, the Servicer, the Administrative Agent and the applicable Managing Agent a certificate setting forth the basis for imposing such Consequential Loss and the calculation of such amount thereof, which calculation shall be conclusive and binding absent manifest error.
Appears in 4 contracts
Samples: Loan Agreement, Securitization Agreement, Loan Agreement (Lennar Corp /New/)
Consequential Loss. The Borrower and the Servicer shall indemnify each Affected Party against, and shall pay to the Administrative Agent for such Affected Party within ten days after request therefor, any Consequential Loss of any Affected Party. When any Affected Party requests that the Borrower or the Servicer pay any Consequential Loss, it shall deliver to the Borrower, the Servicer, the Administrative Agent and the applicable Managing Agent a certificate setting forth the basis for imposing such Consequential Loss and the calculation of such amount thereof, which calculation shall be conclusive and binding absent manifest error.
Appears in 2 contracts
Samples: Loan Agreement (Pulte Homes Inc/Mi/), Loan Agreement (Pulte Homes Inc/Mi/)
Consequential Loss. The Borrower and the Servicer shall indemnify each Affected Party against, and shall pay to the Administrative Agent for such Affected Party within ten days after request therefor, any Consequential Loss of any Affected Party. When any Affected Party requests that the Borrower or the Servicer pay any Consequential Loss, it shall deliver to the Borrower, the Servicer, Borrower and the Administrative Agent and the applicable Managing Agent a certificate setting forth the basis for imposing such Consequential Loss and the calculation of such amount thereof, which calculation shall be conclusive and binding absent manifest error.
Appears in 2 contracts
Samples: Loan Agreement (Horton D R Inc /De/), Loan Agreement (American Home Mortgage Investment Corp)
Consequential Loss. The Borrower and the Servicer shall indemnify each Affected Party against, and shall pay to the Administrative Agent for such Affected Party within ten days after request therefor, any Consequential Loss of any Affected Party. When any Affected Party requests that the Borrower or the Servicer pay any Consequential Loss, it shall deliver to the Borrower, the Servicer, Borrower and the Administrative Agent and the applicable Managing Agent a certificate setting forth the basis for imposing such Consequential Loss and the calculation of such amount thereof, which calculation shall be conclusive and binding absent manifest error.
Appears in 1 contract
Samples: Loan Agreement (Horton D R Inc /De/)
Consequential Loss. The Borrower and the Servicer shall indemnify each Affected Party against, and shall pay to the Administrative Agent for such Affected Party within ten days (10) Business Days after Borrower's receipt of the request therefor, any Consequential Loss of any Affected Party. When Such request by any Affected Party requests that the Borrower or the Servicer pay any Consequential Loss, it Loss shall deliver to be in the Borrower, the Servicer, the Administrative Agent and the applicable Managing Agent form of a certificate setting forth the basis for imposing such Consequential Loss and the calculation of such amount thereof, which calculation shall be conclusive and binding absent manifest errorerror and shall be delivered to the Borrower, the Administrative Agent and the applicable Managing Agent.
Appears in 1 contract
Samples: Loan Agreement (American Home Mortgage Investment Corp)