Common use of Late Requests Clause in Contracts

Late Requests. If a Request for Borrowing is received by JPMorgan later than 3:00 PM (4:00 PM if it requests only a Wet Warehousing Advance and is Electronically Submitted) on a Business Day, JPMorgan shall either, at its election, (i) fund the Advance requested by making a Swing Line Loan either on that same day or, at JPMorgan’s election, on the next Business Day, or (ii) arrange for its funding on the next Business Day as a regular Advance. JPMorgan shall have no obligation to fund any such late-requested Advance as a Swing Line Advance if all of the requirements of Sections 3.7 and 4.3 are not satisfied, although JPMorgan may elect to do so. If JPMorgan does not elect to do so, then the Lenders shall fund such requested Advance as a regular Advance on such next succeeding Business Day after the Request for Borrowing is received by the Agent, provided that all conditions to its funding (including the requirements of Section 4.3) are then satisfied.

Appears in 3 contracts

Samples: Assignment and Assumption, Assignment and Assumption (Homebanc Corp), Credit Agreement (Homebanc Corp)

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Late Requests. If If, after a Lender or Lenders in addition to JPMorgan joins this Agreement, a Request for Borrowing is received by JPMorgan later than 3:00 PM (4:00 PM if it requests only a Wet Warehousing Advance and is Electronically Submitted) on a Business Day, JPMorgan shall either, at its election, (i) fund the Advance requested by making a Swing Line Loan either on that same day or, at JPMorgan’s election, on the next Business Day, or (ii) arrange for its funding on the next Business Day as a regular Advance. JPMorgan shall have no obligation to fund any such late-requested Advance as a Swing Line Advance if all of the requirements of Sections 3.7 2.6 and 4.3 3.3 are not satisfied, although JPMorgan may elect to do so. If JPMorgan does not elect to do so, then the Lenders shall fund such requested Advance as a regular Advance on such next succeeding Business Day after the Request for Borrowing is received by the Agent, provided that all conditions to its funding (including the requirements of Section 4.33.3) are then satisfied.

Appears in 1 contract

Samples: Credit Agreement (E Loan Inc)

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Late Requests. If a Request for Borrowing is received by JPMorgan later than 3:00 PM (4:00 PM if it requests only a Wet Warehousing Advance and is Electronically Submitted) on a Business Day, JPMorgan shall either, at its election, (i) fund the Advance requested by making a Swing Line Loan either on that same day or, at JPMorgan’s election, on the next Business Day, or (ii) arrange for its funding on the next Business Day as a regular Advance. JPMorgan shall have no obligation to fund any such late-requested Advance as a Swing Line Advance if all of the requirements of Sections 3.7 2.7 and 4.3 3.3 are not satisfied, although JPMorgan may elect to do so. If JPMorgan does not elect to do so, then the Lenders shall fund such requested Advance as a regular Advance on such next succeeding Business Day after the Request for Borrowing is received by the Agent, provided that all conditions to its funding (including the requirements of Section 4.33.3) are then satisfied.

Appears in 1 contract

Samples: Credit Agreement (Homebanc Corp)

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