Interest on Unpaid Amounts Any amount which has become payable pursuant to the terms of this Agreement or any decision by arbitrators or judgment by a court of law pursuant to this Section 11 but which has not been timely paid shall bear interest at the prime rate in effect at the time such amount first becomes payable, as quoted by the Bank, except as otherwise provided in Sections 5(g), 6(d) and 7(g) of this Agreement (concerning interest payable with respect to certain delayed payments that are subject to Section 409A of the Code).
The Companys Payment Obligation The Company’s obligation to make the payments and the arrangements provided for herein shall be absolute and unconditional, and shall not be affected by any circumstances, including, without limitation, any offset, counterclaim, recoupment, defense, or other right which the Company may have against the Executive or anyone else. All amounts payable by the Company hereunder shall be paid without notice or demand. Each and every payment made hereunder by the Company shall be final, and the Company shall not seek to recover all or any part of such payment from the Executive or from whomsoever may be entitled thereto, for any reasons whatsoever. The Executive shall not be obligated to seek other employment in mitigation of the amounts payable or arrangements made under any provision of this Agreement, and the obtaining of any such other employment shall in no event effect any reduction of the Company’s obligations to make the payments and arrangements required to be made under this Agreement, except to the extent provided in Section 3.3(d) herein.
ACCRUED AND UNPAID AMOUNTS After giving effect to the withdrawals and transfers to be made in accordance with this notice, the following amounts will be accrued and unpaid with respect to all Monthly Periods preceding the current calendar month.
Unpaid Reimbursement Obligation Any Reimbursement Obligation for which the Borrower does not reimburse the Agent and the Banks on the date specified in, and in accordance with, Section 4.2.
Accrued and Unpaid Inv Servicing Fees Recv'd 0.00 End. Accrued and Unpaid Inv. Servicing Fees 0.00 Number of Mortgage Loans Retransferred pursuant 0 to 2.07 Cumulative Number of Mortgage Loans Retransferred 0 pursuant to 2.07 Mortgage Loans Retransferred pursuant to 2.07 ($) 0.00 Cumulative Mortgage Loans Retransferred pursuant 0.00 to 2.07 ($) Aggregate Investor Liquidation Loss Amount 688,431.28 Investor Loss Reduction Amount 0.00 Beginning Pool Balance 450,027,320.94 Ending Pool Balance 430,145,011.75 Beginning Invested Amount 430,483,757.30 Ending Invested Amount 410,633,629.93 Beginning Seller Principal Balance 19,543,563.64 Ending Seller Principal Balance 19,511,381.82 Additional Balances 878,396.57 Beginning Funding Account Balance 0.00 Ending Funding Account Balance 0.00 Ending Funding Account Balance % (before any 0.00% purchase of Subsequent Loans or release to Certs.) Ending Funding Account Balance % (after purchase 0.00% of Subsequent Loans or release to Certs.) Principal Balance of Subsequent Funding Loans $0.00 Purchased in Period Principal Collections to purchase Additional $0.00 Balances and/or paid to Cert. Investment Earnings on Funding Account $0.00 Excess Funding Amount $0.00 Beginning Spread Account Balance 2,786,983.00 Ending Spread Account Balance 2,786,983.00 Beginning Seller Interest 4.34% Ending Seller's Interest 4.54% Delinquency & REO Status 30 - 59 days (Del Stat 1) No. of Accounts Trust Balance 980 60 - 89 days (Del Stat 2) 34,489,784.62 No. of Accounts 267 Trust Balance 8,626,866.55 90+ (Del Stat 3+) No. of Accounts 524 Trust Balance 17,547,056.20 REO No. of Accounts 83 Trust Balance 3,084,139.44 Rapid Amortization Event ? No Failure to make payment within 5 Business Days No of Required Date ? Failure to perform covenant relating to No Trust's Security Interest ? Failure to perform other covenants as No described in the Agreement ? Breach of Representation or Warranty ? No Bankruptcy, Insolvency or Receivership No relating to Seller ? Subject to Investment Company Act of 1940 No Regulation ? Servicing Termination ?
Interest Unpaid Class Accrued Certificate Interest Shortfalls Interest Class Interest Payable Pay-out Rate ----- -------- ------------------- ------- ------------ P $ 0.00 $ 0.00 $ 0.00 % 0.000000000 IA1 $ 593,679.34 $ 0.00 $ 593,679.34 % 6.625000047 IA2 $ 5,541.67 $ 0.00 $ 5,541.67 % 7.000004211 IA3 $ 109,312.50 $ 0.00 $ 109,312.50 % 6.625000000 IA4 $ 7,232.29 $ 0.00 $ 7,232.29 % 6.624998473 IA5 $ 142,794.92 $ 0.00 $ 142,794.92 % 6.624999938 IA6 $ 60,796.63 $ 0.00 $ 60,796.63 % 6.624999864 IA7 $ 4,598.44 $ 0.00 $ 4,598.44 % 6.750003670 IA8 $ 14,953.40 $ 0.00 $ 14,953.40 % 6.210001921 IA9 $ 3,828.65 $ 0.00 $ 3,828.65 % 7.090902356 IA10 $ 1,083.58 $ 0.00 $ 1,083.58 %10.000046144 IIA1 $ 894,883.84 $ 0.00 $ 894,883.84 % 7.000000035 IIA2 $ 0.00 $ 0.00 $ 0.00 % 0.000000000 AR $ 0.00 $ 0.00 $ 0.00 % 0.000000000 X $ 221,707.95 $ 0.00 $ 221,707.95 % 6.624999867 M $ 48,760.65 $ 0.00 $ 48,760.65 % 6.625000364 B1 $ 28,172.81 $ 0.00 $ 28,172.81 % 6.624999075 B2 $ 23,838.54 $ 0.00 $ 23,838.54 % 6.625000838 B3 $ 11,919.27 $ 0.00 $ 11,919.27 % 6.625000838 B4 $ 6,501.42 $ 0.00 $ 6,501.42 % 6.625001846 B5 $ 10,835.71 $ 0.00 $ 10,835.71 % 6.624998992
No Payment Shall Exceed Lawful Rate Notwithstanding any other term of this Agreement, the Borrower shall not be obliged to pay any interest or other amounts under or in connection with this Agreement or otherwise in respect of the Obligations in excess of the amount or rate permitted under or consistent with any applicable law, rule or regulation.
Nature of Reimbursement Obligations The Borrower and, to the extent set forth in Section 2.6.1, each Lender with a Revolving Loan Commitment, shall assume all risks of the acts, omissions or misuse of any Letter of Credit by the beneficiary thereof. The Issuer (except to the extent of its own gross negligence or willful misconduct) shall not be responsible for:
Agent only obliged to pay when monies received Notwithstanding any other provision of this Agreement or any other Finance Document, the Agent shall not be obliged to make available to the Borrower or any Lender any sum which the Agent is expecting to receive for remittance or distribution to the Borrower or that Lender until the Agent has satisfied itself that it has received that sum.
Payment of Reimbursement Obligations (a) The Borrower agrees to pay to the Administrative Agent for the account of the Issuing Bank the amount of all Advances for Reimbursement Obligations, interest and other amounts payable to the Issuing Bank under or in connection with any Facility Letter of Credit when due, irrespective of any claim, set-off, defense or other right which the Borrower may have at any time against any Issuing Bank or any other Person, under all circumstances, including without limitation any of the following circumstances: