Issuer Loan Exclusions. Subject to the conditions specified in, and in accordance with, Section 8.07 of the Indenture and the further conditions specified in this Section 2.12, on any Loan Action Date during the Revolving Period, the Depositor may require the Issuer, together with the Issuer Loan Trustee for the benefit of the Issuer, to designate one or more Loans included in the Sold Assets as an Excluded Loan or cause one or more Loans included in the Sold Assets to cease to be designated as an Excluded Loan. For the avoidance of doubt, until such time as an Excluded Loan ceases to be so designated, it shall not be included in the Loan Action Date Loan Pool on any Loan Action Date (including the Loan Action Date on which it is designated as an Excluded Loan, but excluding the Loan Action Date on which it is de-designated as such) or taken into account for purposes of determining whether or not a Reinvestment Criteria Event has occurred as of the end of the Collection Period preceding any such Loan Action Date, but it shall otherwise continue to constitute a Sold Asset and all Collections in respect thereof during any Collection Period shall constitute Available Funds on the corresponding Payment Date. The designation of a Loan as an Excluded Loan shall be effected by the delivery by the Depositor (or the Servicer on its behalf) to the Issuer, the Issuer Loan Trustee and the Indenture Trustee on or before the applicable Loan Action Date of a report identifying each such expected Loan (by loan number and applicable Seller and Subservicer) as an Excluded Loan. The Excluded Loans outstanding from time to time shall be identified as such on each Loan Schedule delivered from time to time on each Monthly Determination Date. On any Loan Action Date during the Revolving Period, an Excluded Loan may be de-designated as such by the delivery by the Depositor (or the Servicer on its behalf) to the Issuer, the Issuer Loan Trustee and the Indenture Trustee on or before the applicable Loan Action Date of a report identifying each such expected Loan (by loan number and applicable Seller and Subservicer) as ceasing to be designated as an Excluded Loan. No Excluded Loan may be de-designated as such on any Loan Action Date unless such Loan would constitute an Eligible Loan as of the close of business on the last day of the Collection Period immediately preceding such Loan Action Date if such last day were deemed to be such Loan’s Cut-Off Date.
