Common use of Conveyance of Additional Loans Clause in Contracts

Conveyance of Additional Loans. (a) The Originator may, at its option (but shall not be obligated to) at any time during the Pre-Funding Period and the Replenishment Period and subject to the conditions set forth in this Section 2.05, sell, transfer, assign set over and otherwise convey to the Trust Depositor (by delivery of a Subsequent Purchase Agreement in the form of Exhibit J to the Transfer and Servicing Agreement), the Originator’s right, title and interest in Additional Loan Assets, which shall become part of the Loan Assets. Upon the acquisition of any Additional Loan Assets pursuant to this Section 2.05, such Additional Loan Assets shall thereupon be conveyed by the Trust Depositor to the Issuer and become part of the Indenture Collateral subject to the Lien of the Indenture. The Originator represents and warrants in connection with the foregoing that it will not cause the Trust Depositor to acquire any Additional Loan pursuant to this Section 2.05 for the primary purpose of recognizing gains or decreasing losses resulting from market value changes.

Appears in 2 contracts

Samples: Acas Transfer Agreement (American Capital Strategies LTD), Acas Transfer Agreement (American Capital Strategies LTD)

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Conveyance of Additional Loans. (a) The Originator may, at its option (but shall not be obligated to) at any time during the Pre-Funding Period and the Replenishment Period and subject to the conditions set forth in this Section 2.05, sell, transfer, assign set over and otherwise convey to the Trust Depositor (by delivery of a Subsequent Purchase Agreement in the form of Exhibit J to the Transfer and Servicing Agreement), the Trust Originator’s right, title and interest in Additional Loan Assets, which shall become part of the Loan Assets. Upon the acquisition of any Additional Loan Assets pursuant to this Section 2.05, such Additional Loan Assets shall thereupon be conveyed by the Trust Depositor to the Issuer and become part of the Indenture Collateral subject to the Lien of the Indenture. The Originator represents and warrants in connection with the foregoing that it will not cause the Trust Depositor to acquire any Additional Loan pursuant to this Section 2.05 for the primary purpose of recognizing gains or decreasing losses resulting from market value changes.

Appears in 1 contract

Samples: Acas Transfer Agreement (American Capital Strategies LTD)

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Conveyance of Additional Loans. (a) The Originator may, at its option (but shall not be obligated to) at any time during the PreRamp-Funding Up Period and the Replenishment Period and subject to the conditions set forth in this Section 2.05, sell, transfer, assign set over and otherwise convey to the Trust Depositor (by delivery of a Subsequent Purchase Agreement in the form of Exhibit J to the Transfer and Servicing Agreement), the Trust Originator’s right, title and interest in Additional Loan Assets, which shall become part of the Loan Assets. Upon the acquisition of any Additional Loan Assets pursuant to this Section 2.05, such Additional Loan Assets shall thereupon be conveyed by the Trust Depositor to the Issuer and become part of the Indenture Collateral subject to the Lien of the Indenture. The Originator represents and warrants in connection with the foregoing that it will not cause the Trust Depositor to acquire any Additional Loan pursuant to this Section 2.05 for the primary purpose of recognizing gains or decreasing losses resulting from market value changes.

Appears in 1 contract

Samples: Acas Transfer Agreement (American Capital Strategies LTD)

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