Common use of Limitations on Borrower’s Rights to Advances Clause in Contracts

Limitations on Borrower’s Rights to Advances. Borrower shall be entitled to disbursements of Loan proceeds only in accordance with the terms and conditions of this Agreement (unless waived or modified by Lender); and, in addition, Borrower certifies in connection with any Advances requested hereunder that Loan: (a) The representations and warranties of Borrower contained in all of the Loan Documents shall be correct in all respects on and as of the date of the disbursement as though made on and as of that date, and no Event of Default shall have occurred and be continuing as of the date of the disbursement; (b) The requested Loan proceeds shall be applied by Borrower only to defray costs actually incurred by Borrower in connection with the payment or reimbursement of Permitted Expenses; and (c) Notwithstanding any limitations on Advances set forth in this Agreement or otherwise, Borrower shall pay all costs and expenses arising in connection with each Qualified Project.

Appears in 3 contracts

Samples: Revolving Line of Credit Loan Agreement (TRI Pointe Homes, Inc.), Revolving Line of Credit Loan Agreement (William Lyon Homes), Revolving Line of Credit Loan Agreement (William Lyon Homes)

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Limitations on Borrower’s Rights to Advances. Borrower shall be entitled to disbursements of Loan proceeds only in accordance with the terms and conditions of this Agreement (unless waived or modified by Lender); and, in addition, Borrower certifies in connection with any Advances requested hereunder that Loan: (a) The representations and warranties of Borrower contained in all of the Loan Documents shall be correct in all material respects on and as of the date of the disbursement as though made on and as of that date, and no Event of Default shall have occurred and be continuing as of the date of the disbursement; (b) The requested Loan proceeds shall be applied by Borrower only to defray costs actually incurred by Borrower in connection with the payment or reimbursement of Permitted Expenses; and (c) Notwithstanding any limitations on Advances set forth in this Agreement or otherwise, Borrower shall pay all costs and expenses arising in connection with each Qualified the Project.

Appears in 3 contracts

Samples: Construction Loan Agreement, Construction Loan Agreement (William Lyon Homes), Construction Loan Agreement (William Lyon Homes)

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Limitations on Borrower’s Rights to Advances. Borrower shall be entitled to disbursements Advances of Loan proceeds only in accordance with the terms and conditions of this Agreement (unless waived or modified by Lender); and, in addition, Borrower certifies in connection with any Advances requested hereunder that Loanthat: (a) The representations and warranties of Borrower contained in all of the Loan Documents shall be correct in all respects on and as of the date of the disbursement Advance as though made on and as of that date, and no Event of Default shall have occurred and be continuing as of the date of the disbursementAdvance; (b) The requested Loan proceeds shall be applied by Borrower only to defray costs actually incurred by Borrower in connection with the payment or reimbursement of Permitted Expenses; and (c) Notwithstanding any limitations on Advances set forth in this Agreement or otherwise, Borrower shall pay all costs and expenses arising in connection with each Qualified Project.

Appears in 1 contract

Samples: Revolving Line of Credit Loan Agreement (William Lyon Homes)

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