Funding Specified Advances Sample Clauses

Funding Specified Advances. All future fundings to be made under the Future Funding Obligations and all Protective Advances shall be the sole responsibility of the Future Funding Lenders and shall be made in accordance with the Mortgage Loan Agreement (in respect of Future Funding Advances) and this Agreement (with respect to Future Funding Advances and Protective Advances). The Future Funding Lenders hereby agree to take all action in connection with the exercise of its rights and obligations in respect of the Future Funding Advances and Protective Advances to be made pursuant to Sections 29(a), 29(b) or 29(c), and Section 30, including, without limitation, the review of a Mortgage Loan Borrower request for a Future Funding Advance, the approval of a Future Funding Advance and the waiver of any conditions precedent to a Future Funding Advance, in a manner consistent with customary and usual standards of practice of prudent institutional construction loan lenders servicing and administering construction loans for third parties or for their own account (the “Accepted Construction Lender Practices”). Notwithstanding the foregoing provisions of this Section 29(a), however, so long as Participation A-1 Holder is a Future Funding Lender, then Participation A-1 Holder shall have the sole right, on behalf of all of the Future Funding Lenders, to determine (x) whether Mortgage Loan Borrower has satisfied the conditions set forth in the Mortgage Loan Documents for all or any portion of any requested Future Funding Advance and the actual amount of any Future Funding Advance and (y) whether to make, and the amount of, any Protective Advance (provided, however, that, as a condition to the making of such Protective Advance, (A) the Mortgage Loan Documents provide that Mortgage Loan Borrower is required to reimburse the Future Funding Lenders for such Protective Advance or that such Protective Advance shall be secured by the liens of the Mortgage Loan Documents on the Mortgaged Property or (B) the Future Funding Lenders are entitled by applicable law to obtain reimbursement from the Mortgage Loan Borrower or from the Mortgaged Property for such Protective Advance; provided, further, however, that the immediately preceding proviso clause shall not be applicable to Protective Advances required to be made pursuant to Section 30), and any such determination by Participation A-1 Holder shall be binding on all of the Future Funding Lenders. The transfer of the Future Funding Obligations may only be made...
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Funding Specified Advances. All future fundings to be made under the Future Funding Obligations shall be the sole responsibility of Senior Lender and Junior Lenders (as applicable) or their respective permitted transferees, subject to this Section 37. The transfer of Future Funding Obligations may only be made in accordance with the provisions of Section 5(f) hereof.

Related to Funding Specified Advances

  • Amount of Revolving Advances Subject to the terms and conditions set forth in this Agreement including Section 2.1(b), each Lender, severally and not jointly, will make Revolving Advances to Borrowers in aggregate amounts outstanding at any time equal to such Lender’s Commitment Percentage of the lesser of (x) the Maximum Revolving Advance Amount less the aggregate Maximum Undrawn Amount of all outstanding Letters of Credit or (y) an amount equal to the sum of:

  • Prepayments of Revolving Credit Advances The Borrower ---------------------------------------- may, upon notice at least two Business Days' prior to the date of such prepayment, in the case of Eurodollar Rate Advances, and not later than 12:00 noon (New York City time) on the date of such prepayment, in the case of Base Rate Advances, to the Agent stating the proposed date and aggregate principal amount of the prepayment, and if such notice is given the Borrower shall, prepay the outstanding principal amount of the Revolving Credit Advances comprising part of the same Revolving Credit Borrowing in whole or ratably in part, together with accrued interest to the date of such prepayment on the principal amount prepaid; provided, however, that (x) each partial prepayment shall be in -------- ------- an aggregate principal amount of $10,000,000 or an integral multiple of $1,000,000 in excess thereof and (y) in the event of any such prepayment of a Eurodollar Rate Advance, the Borrower shall be obligated to reimburse the Lenders in respect thereof pursuant to Section 8.04(c).

  • Certificates for Reimbursement; Repayment of Outstanding Loans; Borrowing of New Loans A certificate of a Lender or the Issuing Lender setting forth the amount or amounts necessary to compensate such Lender or the Issuing Lender or its holding company, as the case may be, as specified in Sections 5.8.1 [Increased Costs Generally] or 5.8.2 [Capital Requirements] and delivered to the Borrower shall be conclusive absent manifest error. The Borrower shall pay such Lender or the Issuing Lender, as the case may be, the amount shown as due on any such certificate within ten (10) days after receipt thereof.

  • Revolving Advances Subject to the terms and conditions set forth in this Agreement, each Lender, severally and not jointly, will make Revolving Advances to Borrower in aggregate amounts outstanding at any time equal to such Lender's Commitment Percentage of the lesser of (x) the Maximum Revolving Advance Amount less the aggregate amount of outstanding Letters of Credit or (y) an amount equal to the sum of:

  • Loan Advances The Lender agrees to make advances to the Borrower from time to time until December 1, 1995, subject to all of the terms and conditions of this Agreement. All requests by the Borrower for advances shall be made in such manner and form and with such prior notice to the Lender as the Lender may reasonably require from time to time. Each request for an advance shall be for a minimum amount of $50,000.00. Each such request shall contain or be accompanied by such information and documents (which shall be Certified if required by the Lender) concerning the Collateral, the Borrower's financial condition, use of the proceeds of such advance and of advances previously made and/or any other matters as the Lender may from time to time require. In no event shall the Lender be obligated to make any advance hereunder if an Event of Default has occurred under the Note or if such advance would cause the total principal amount of advances made and outstanding hereunder to exceed the Maximum Loan Amount. Even if the total principal amount of advances outstanding shall at any time and for any reason exceed the Maximum Loan Amount, the Borrower shall nonetheless be liable for the entire principal amount outstanding, with interest thereon at the rate and calculated in the manner provided in the Note, in accordance with this Agreement and the Note. If the total principal amount of advances outstanding hereunder shall at any time exceed the Maximum Loan Amount, the Borrower shall immediately pay to the Lender upon demand the amount of such excess, with interest thereon at the rate and calculated in the manner provided in the Note. The Borrower agrees that the Borrower shall be liable for, and the Collateral shall secure, the repayment of each advance made by the Lender to or for the Borrower hereunder, with interest at the rate and calculated in the manner provided in the Note, whether or not such advance was duly requested or authorized by the Borrower and whether or not any person requesting such advance was duly authorized to make such request. Subject to all of the terms and conditions of this Agreement and the other Loan Documents, the Borrower may borrow hereunder until December 1, 1995. Borrower acknowledges and agrees that on December 1, 1995, the Lender shall advance to the Borrower the balance of the Loan, should such funds not have been previously advanced by the Lender.

  • Notification of Advances, Interest Rates, Prepayments and Commitment Reductions Promptly after receipt thereof, the Agent will notify each Lender of the contents of each Aggregate Commitment reduction notice, Borrowing Notice, Conversion/Continuation Notice, and repayment notice received by it hereunder. The Agent will notify each Lender of the interest rate applicable to each Eurodollar Advance promptly upon determination of such interest rate and will give each Lender prompt notice of each change in the Alternate Base Rate.

  • Interest on Revolving Credit Advances Each Borrower shall pay interest on the unpaid principal amount of each Revolving Credit Advance made to such Borrower owing to each Lender from the date of such Revolving Credit Advance until such principal amount shall be paid in full, at the following rates per annum:

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