Common use of Lender’s Commitment Clause in Contracts

Lender’s Commitment. Notwithstanding anything contained in this Section 2.2(b) or Section 2.2(c) or elsewhere in this Agreement to the contrary, no Lender shall be obligated to provide the Borrower with funds in connection with an Advance in an amount that would result in the portion of the Advances then funded by it exceeding its Commitment then in effect. The obligation of each Lender to remit any Advance shall be several from that of the other Lenders, and the failure of any Lender to so make such amount available to the Borrower shall not relieve any other Lender of its obligation hereunder.

Appears in 4 contracts

Samples: Financing and Servicing Agreement (HMS Income Fund, Inc.), Loan Financing and Servicing Agreement (HMS Income Fund, Inc.), Financing and Servicing Agreement (HMS Income Fund, Inc.)

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Lender’s Commitment. Notwithstanding anything contained in this Section 2.2(b) or Section 2.2(c) or elsewhere in this Agreement to the contrary, no Lender shall be obligated to provide the Borrower with funds in connection with an Advance in an amount that would result in the portion -39- of the Advances then funded by it exceeding its Commitment then in effect. The obligation of each Lender to remit any Advance shall be several from that of the other Lenders, and the failure of any Lender to so make such amount available to the Borrower shall not relieve any other Lender of its obligation hereunder.

Appears in 1 contract

Samples: Financing and Servicing Agreement (HMS Income Fund, Inc.)

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Lender’s Commitment. Notwithstanding anything contained in this Section 2.2(b) or Section 2.2(c) or elsewhere in this Agreement to the contrary, no Lender shall be obligated to provide the Borrower with funds in connection with an Advance in an amount that would result in the portion of the Advances then funded by it exceeding its Commitment then in effect. The obligation of each Lender to remit any Advance shall be several from that of the other Lenders, and the failure of any Lender to so make such amount available to the Borrower shall not relieve any other Lender of its obligation hereunder.

Appears in 1 contract

Samples: Loan Financing and Servicing Agreement (HMS Income Fund, Inc.)

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