Covered Loans Sample Clauses

Covered Loans. The Program Loans funded or purchased by the Boston Bank after January 1, 2004, (“Covered Loans”) will be subject to the Transaction Services Fee as provided in Section 2.4 of this Agreement, excluding, however, those Program Loans that the parties agree in writing to exempt from being subject to the Transaction Services Fee. 5. Section 5.9 of the Agreement is hereby amended by deleting the last sentence thereof in its entirety and substituting the following in its place: All Participation Shares or any other participation interest shall be set for each Master Commitment when activated on the MPF Provider system, and may be changed thereafter (i) by the Boston Bank’s delivery to the MPF Provider of a Direction in the form attached hereto as Appendix A (as amended), directing the MPF Provider to change participation interests in the specified Master Commitment(s) for Delivery Commitments issued after the Effective Date of such Direction, or (ii) by the issuance of Designated Delivery Commitments. Any Direction which increases the MPF Provider’s Participation Share must be accepted in writing by the MPF Provider, and any Direction which changes the interest of any other MPF Bank, must be signed by such other MPF Bank as well as the Boston Bank. 6. Appendix A to the Agreement is hereby amended by deleting it in its entirety and by substituting in its place Exhibit A attached to this Amendment. 7. Any capitalized terms not defined in this Amendment shall have the meaning assigned to them in the Agreement. Except for the foregoing amendments, the Agreement remains unmodified and in full force and effect.

Covered Loans. The parties agree that, notwithstanding the Crossover Date in the Second Amendment to Program Agreements (BAGEL), dated as of January 10, 2003, the Guaranty Agreement shall cover and apply to all Bank of America XXXX Program Loans for which XXXX received applications on or after the effective date (May 22, 2002) of the First Amendment to the Old Core Guaranty Agreement (each such Loan, an "Affected Loan"). Accordingly, (a) each Affected Loan is eligible for purchase under the terms and conditions of the Note Purchase Agreement, as amended, and (b) Guaranty Fees for each Affected Loan shall be subject to the Deposit and Security Agreement and deposited in the Pledged Account (as defined in the Guaranty Agreement) by XXXX within ten (10) days after the date hereof. <Page> 6. FULL

Covered Loans. From and after the Effective Date, to the extent that a Covered Loan is required, any loan so made by the MARC Principals and/or the WRT Lender shall be deemed a "New TI/Cap Ex Loan" and shall bear interest at the rates set forth in Section 9(b) above. Notwithstanding the foregoing, (i) neither of the MARC Principals nor the WRT Lender shall be required to make any Covered Loans; (ii) unless otherwise agreed by the parties, any Covered Loans made by the respective parties shall not be deemed to be part of the $16,000,000.00 commitment provided for in Section 9(b) above and (iii) subject to the notice requirements set forth in the Omnibus Agreement, either the MARC Principals or the WRT Lender shall be permitted to make a Covered Loan for the purposes set forth in the Omnibus Agreement without the consent of the other party.

Covered Loans