Intentionally Deleted. ARTICLE VII
Intentionally Deleted. ARTICLE 23
Intentionally Deleted. Intentionally Deleted.
Intentionally Deleted. ARTICLE 18
Intentionally Deleted. 7(i) Use of Proceeds. (i) The proceeds of all Tranche A Loans shall --------------- be used by the Companies solely for the purposes of acquiring Eligible A/B Mortgage Loans to be held for sale by the Companies and of originating Warehousing Loans which Warehousing Loans shall be secured by Mortgage Loans pledged by sub-borrowers to the Companies; (ii) the proceeds of all Tranche B Loans shall be used by the Companies solely for the purpose of acquiring or retaining Eligible A/B Mortgage Loans to be held for investment by the Companies; (iii) the proceeds of all Tranche C Loans shall be used by the Companies solely for the purpose of acquiring and maintaining Servicing Contracts and Master Servicing Contracts; (iv) the proceeds of all Tranche D Loans shall be used by the Companies solely for the purpose of originating Construction Loans, which Construction Loans shall be secured by mortgages or deeds of trust from sub-borrowers in favor of the Companies with respect to the real property and improvements being pledged and constructed with the proceeds thereof; (v) the proceeds of all Tranche E Loans shall be used by the Companies solely for the purpose of originating Servicing Loans, which Servicing Loans shall be secured by the servicing rights and servicing receivables pledged by sub-borrowers to the Companies; (vi) the proceeds of all Tranche F Loans shall be used by the Companies solely for the purpose of originating Foreclosure/Repurchase Loans, which Foreclosure/Repurchase Loans shall be secured by the Foreclosure Mortgage Loans and Repurchase Mortgage Loans pledged by sub-borrowers to the Companies; and (vii) the proceeds of all Tranche G Loans shall be used by the Companies solely for the purpose of repaying to the L/C Bank the amount of any unrepaid L/C Drawings; provided, however, that so long as -------- ------- the aggregate principal amount of outstanding Tranche A Loans, Tranche B Loans, Tranche C Loans, Tranche D Loans, Tranche E Loans and Tranche F Loans is less than the Aggregate Collateral Value of the Borrowing Base, the Companies may use the proceeds of any Tranche A Loans, Tranche B Loans, Tranche C Loans, Tranche D Loans, Tranche E Loans or Tranche F Loans for any general corporate purpose of the Companies.
Intentionally Deleted. (vi) At least 5 Business Days prior to the Closing Date, Seller shall provide Buyer with a reasonably detailed reconciliation for each Tenant showing all common area maintenance charges, property taxes, insurance and other operating cost pass-throughs payable by Tenants (collectively, the “Operating Expenses”) incurred by Seller from the beginning of the then-current calendar year (and if the prior calendar year has not been prorated, also for said prior year) (or, if different, such Tenants’ then-current annual billing period for Operating Expenses, and if the prior period has not been prorated, also for said prior period) through the Closing Date, and any Operating Expense estimates or charges collected by Seller during the same period of time and relating to such Tenant, all in the form customarily submitted to each Tenant (the “CAM Reconciliation”). To the extent that Seller has received as of the Closing any monthly or periodic payments of Operating Expenses allocable to periods as of and subsequent to Closing, the same shall be prorated and Buyer shall receive a credit therefor at the Closing. With respect to any monthly or periodic payments of Operating Expenses received by Buyer after the Closing allocable to a Seller prior to Closing, Buyer shall promptly pay the same to Seller (subject to the provisions in Section 12.1(b)(i) for delinquent rentals). Notwithstanding the foregoing, to the extent that the CAM Reconciliation reveals that Seller has over-collected Operating Expenses such that, if the end of the operating expense year under the Tenant Leases was the Closing Date, Seller would be obligated to refund money to the Tenants (an “Over Collection”), rather than collect additional money from the Tenants (an “Under Collection”), said Over Collection shall be paid by Seller to Buyer at the Closing as a settlement statement credit; provided, in the event of an Under Collection, the amount of the Under Collection shall be paid by Buyer to Seller outside of escrow within 5 Business Days after receipt from the applicable Tenant in connection with the year-end Operating Expense reconciliation process.
Intentionally Deleted. ARTICLE 5
Intentionally Deleted. Section 5.24.
Intentionally Deleted. ARTICLE XVI
Intentionally Deleted. ARTICLE V
