Common use of Delayed Funding Obligations Account Clause in Contracts

Delayed Funding Obligations Account. (a) The Trustee shall prior to the Closing Date establish a single, segregated trust account which shall be designated as the “Delayed Funding Obligations Account” which shall be held in trust in the name of the Trustee for the benefit of the Noteholders and each Hedge Counterparty, into which Delayed Funding Obligations Account the Trustee shall deposit funds for any additional funding commitments of the Issuer under any Issuer Held Delayed Draw Loans or Issuer Held Revolving Loans included in the Collateral Obligations. All amounts in the Delayed Funding Obligations Account shall be deposited in overnight funds in Eligible Investments and released to fulfill such commitments in each case, as directed by the Collateral Manager. If an Issuer Held Delayed Draw Loan or Issuer Held Revolving Loan is sold or otherwise disposed before the full commitment thereunder has been drawn, or if excess funds remain following the termination of the funding obligation giving rise to the deposit of such funds in the Delayed Funding Obligations Account, such Eligible Investments on deposit in the Delayed Funding Obligations Account for the purpose of fulfilling such commitment shall be transferred to the Principal Collection Account as Principal Proceeds. The Delayed Funding Obligations Account shall remain at all times with the Corporate Trust Office or a financial institution having a long-term debt rating from each Rating Agency at least equal to “BBB+” or “A2,” as applicable, or a short-term debt rating at least equal to “A-1,” “P-1” or “F-1,” as applicable.

Appears in 1 contract

Samples: Capitalsource Inc

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Delayed Funding Obligations Account. (a) The Trustee shall prior to the Closing Date establish a single, segregated trust account which shall be designated as the “Delayed Funding Obligations Account” which shall be held in trust in the name of the Trustee for the benefit of the Noteholders and each Hedge Counterparty, into which Delayed Draw Funding Obligations Account the Trustee shall deposit funds for any additional funding commitments of the Issuer under any Issuer Held Delayed Draw Loans or Issuer Held Revolving Term Loans included in the Collateral ObligationsDebt Securities. All amounts in the Delayed Funding Obligations Account shall be deposited in overnight funds in Eligible Investments and released to fulfill such commitments in each case, as directed by the Collateral Managercommitments. If an Issuer Held a Delayed Draw Loan or Issuer Held Revolving Term Loan is sold or otherwise disposed before the full commitment thereunder has been drawn, or if excess funds remain following the termination of the funding obligation giving rise to the deposit of such funds in the Delayed Funding Obligations Account, such Eligible Investments on deposit in the Delayed Funding Obligations Account for the purpose of fulfilling such commitment shall be transferred to the Principal Collection Account as Principal Proceeds. The Delayed Funding Obligations Account shall remain at all times with the Corporate Trust Office or a financial institution having a long-term debt rating from each Rating Agency at least equal to “BBB+A-” or “A2A3,” as applicable, or a short-term debt rating at least equal to “A-1,” “P-1” or “F-1F1,” as applicable.

Appears in 1 contract

Samples: Cdo Servicing Agreement (Gramercy Capital Corp)

Delayed Funding Obligations Account. (a) The Trustee shall prior to the Closing Date establish a single, segregated trust account which shall be designated as (the "Delayed Funding Obligations Account") which shall be held in trust in the name of the Trustee for the benefit of the Noteholders and each Hedge CounterpartySecured Parties, into which Delayed Funding Obligations Account the Trustee shall deposit funds for any additional funding commitments of the Issuer under any Issuer Held Delayed Draw Loans or Issuer Held Revolving Term Loans included in the Collateral ObligationsDebt Securities. All amounts in the Delayed Funding Obligations Account shall be deposited in overnight funds in Eligible Investments and released to fulfill such commitments in each case, as directed by the Collateral Managercommitments. If an Issuer Held a Delayed Draw Loan or Issuer Held Revolving Term Loan is sold or otherwise disposed before the full commitment thereunder has been drawn, or if excess funds remain following the termination of the funding obligation giving rise to the deposit of such funds in the Delayed Funding Obligations Account, such Eligible Investments on deposit in the Delayed Funding Obligations Account for the purpose of fulfilling such commitment shall be transferred to the Principal Collection Account as Principal Proceeds. The Delayed Funding Obligations Account shall remain at all times with the Corporate Trust Office or a financial institution having a long-term debt rating from each Rating Agency at least equal to “BBB+” "A-" or "A2," as applicable, or a short-term debt rating at least equal to "A-1,” “P-1” or “F-1,” as applicable." "

Appears in 1 contract

Samples: Arbor Realty Trust Inc

Delayed Funding Obligations Account. (a) The Trustee shall prior to the Closing Date establish a single, segregated trust account which shall be designated as the “Delayed Funding Obligations Account” which shall be held in trust in the name of the Trustee for the benefit of the Noteholders and each Hedge Counterparty, into which Delayed Draw Funding Obligations Account the Trustee shall deposit funds for any additional funding commitments of the Issuer under any Issuer Held Delayed Draw Loans or Issuer Held Revolving Term Loans included in the Collateral ObligationsDebt Securities. All amounts in the Delayed Funding Obligations Account shall be deposited in overnight funds in Eligible Investments and released to fulfill such commitments in each case, as directed by the Collateral Managercommitments. If an Issuer Held a Delayed Draw Loan or Issuer Held Revolving Term Loan is sold or otherwise disposed before the full commitment thereunder has been drawn, or if excess funds remain following the termination of the funding obligation giving rise to the deposit of such funds in the Delayed Funding Obligations Account, such Eligible Investments on deposit in the Delayed Funding Obligations Account for the purpose of fulfilling such commitment shall be transferred to the Principal Collection Account as Principal Proceeds. The Delayed Funding Obligations Account shall remain at all times with the Corporate Trust Office or a financial institution having a long-term debt rating from each Rating Agency at least equal to “BBB+A-” or “A2,” as applicable, or a short-term debt rating at least equal to “A-1,” “P-1” or “F-1,” as applicable.

Appears in 1 contract

Samples: Cdo Servicing Agreement (Gramercy Capital Corp)

Delayed Funding Obligations Account. (a) The Trustee shall prior to the Closing Date establish a single, segregated trust account which shall be designated as the “Delayed Funding Obligations Account” which shall be held in trust in the name of the Trustee for the benefit of the Noteholders and each Hedge CounterpartySecured Parties, into which Delayed Funding Obligations Account the Trustee shall deposit funds for any certain additional funding commitments of the Issuer under any Issuer Held the Delayed Draw Loans or Issuer Held Revolving Term Loans included in the Collateral ObligationsInterests. All amounts in the Delayed Funding Obligations Account shall be deposited in overnight funds invested in Eligible Investments as directed by the Collateral Manager and released to fulfill such commitments in each case, as directed by the Collateral Managercommitments. If an Issuer Held a Delayed Draw Loan or Issuer Held Revolving Term Loan is sold or otherwise disposed before the full commitment thereunder has been drawn, or if excess funds remain following the termination of the funding obligation giving rise to the deposit of such funds in the Delayed Funding Obligations Account, such Eligible Investments on deposit in the Delayed Funding Obligations Account for the purpose of fulfilling such commitment shall be transferred to the Principal Collection Account as Principal Proceeds. The Delayed Funding Obligations Account shall remain at all times with the Corporate Trust Office or a financial institution having a long-term debt rating from each Rating Agency at least equal to “BBB+A+” or “A2,” as applicable, or a short-term debt rating at least equal to “A-1,” “P-1” or “F-1P-1,” as applicable. The Delayed Funding Obligations Account may be a subaccount of other accounts hereunder and may consist of one or more subaccounts.

Appears in 1 contract

Samples: Management Agreement and Servicing Agreement (CBRE Realty Finance Inc)

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Delayed Funding Obligations Account. (a) The Trustee shall prior to the Closing Date establish a single, segregated trust account which shall be designated as the "Delayed Funding Obligations Account" which shall be held in trust in the name of the Trustee for the benefit of the Noteholders and each Hedge Counterparty, into which Delayed Draw Funding Obligations Account the Trustee shall deposit funds for any additional funding commitments of the Issuer under any Issuer Held Delayed Draw Loans or Issuer Held Revolving Term Loans included in the Collateral ObligationsDebt Securities. All amounts in the Delayed Funding Obligations Account shall be deposited in overnight funds in Eligible Investments and released to fulfill such commitments in each case, as directed by the Collateral Managercommitments. If an Issuer Held a Delayed Draw Loan or Issuer Held Revolving Term Loan is sold or otherwise disposed before the full commitment thereunder has been drawn, or if excess funds remain following the termination of the funding obligation giving rise to the deposit of such funds in the Delayed Funding Obligations Account, such Eligible Investments on deposit in the Delayed Funding Obligations Account for the purpose of fulfilling such commitment shall be transferred to the Principal Collection Account as Principal Proceeds. The Delayed Funding Obligations Account shall remain at all times with the Corporate Trust Office or a financial institution having a long-term debt rating from each Rating Agency at least equal to "BBB+" or "A2," as applicable, or a short-term debt rating at least equal to "A-1,” “P-1” or “F-1,” as applicable." "

Appears in 1 contract

Samples: Arbor Realty Trust Inc

Delayed Funding Obligations Account. (a) The Trustee shall prior to the Closing Date establish a single, segregated trust account which shall be designated as the “Delayed Funding Obligations Account” which shall be held in trust in the name of the Trustee for the benefit of the Noteholders and each Hedge Counterparty, into which Delayed Draw Funding Obligations Account the Trustee shall deposit funds for any additional funding commitments of the Issuer under any Issuer Held Delayed Draw Loans or Issuer Held Revolving Term Loans included in the Collateral ObligationsDebt Securities. All amounts in the Delayed Funding Obligations Account shall be deposited in overnight funds in Eligible Investments and released to fulfill such commitments in each case, as directed by the Collateral Managercommitments. If an Issuer Held a Delayed Draw Loan or Issuer Held Revolving Term Loan is sold or otherwise disposed before the full commitment thereunder has been drawn, or if excess funds remain following the termination of the funding obligation giving rise to the deposit of such funds in the Delayed Funding Obligations Account, such Eligible Investments on deposit in the Delayed Funding Obligations Account for the purpose of fulfilling such commitment shall be transferred to the Principal Collection Account as Principal Proceeds. The Delayed Funding Obligations Account shall remain at all times with the Corporate Trust Office or a financial institution having a long-term debt rating from each Rating Agency at least equal to “BBB+” or “A2,” as applicable, or a short-term debt rating at least equal to “A-1,” “P-1” or “F-1,” as applicable.

Appears in 1 contract

Samples: Gramercy Real (Gramercy Capital Corp)

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