Common use of Loan Origination Clause in Contracts

Loan Origination. A. The Lender agrees loan funds will be used for the purposes authorized in 7 C.F.R. part 4279 in accordance with the terms of Form RD 4279-3, “Conditional Commitment for Guarantee." For the Section 9006 program, the citation is 7 C.F.R., part 4280, subpart B. B. The Lender certifies that none of its officers or directors, stockholders, or other owners (except stockholders in a Farm Credit Bank or other Farm Credit System (“FCS”) Institution with direct lending authority that have normal stock or share requirements for participation) has a substantial financial interest in the Borrower. The Lender certifies that neither the Borrower nor its officers or directors, stockholders or other owners has a substantial financial interest in the Lender. If the Borrower is a member of the board of directors or an officer of a Farm Credit Bank or other FCS Institution with direct lending authority, the Lender certifies that an FCS institution on the next highest level will independently process the loan request and will act as the Lender’s agent in servicing the account. C. The Lender will certify to USDA, prior to issuance of the Loan Note Guarantee for each loan, that there has been neither any material adverse change in the borrower’s financial condition, nor any other material adverse change in the borrower, for any reason, during the period of time from the Agency’s issuance of the Conditional Commitment for Guarantee to issuance of the Loan Note Guarantee regardless of the case or causes of the change and whether the change or causes of the change were within the Lender’s or Xxxxxxxx’s control. The Lender’s certification must address all adverse changes of the Borrower, any parent, affiliate, or subsidiary of the Borrower, and guarantors. X. Xxxxxx certifies that a loan agreement or loan instruments concurred in by USDA has been or will be signed with the Borrower. X. Xxxxxx will submit the required guarantee fee with Form RD 1980-19, “Guaranteed Loan Closing Report” at the time Form RD 4279-5, “Loan Note Guarantee” is issued.

Appears in 3 contracts

Samples: Lender’s Agreement, Lender's Agreement, Lender's Agreement

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Loan Origination. A. The Lender agrees loan funds will be used for the purposes authorized in 7 C.F.R. part 4279 in accordance with the terms of Form RD 4279-3, ''Conditional Commitment for Guarantee." '' For the Section 9006 program, the citation is 7 C.F.R., part 4280, subpart B. B. The Lender certifies that none of its officers or directors, stockholders, or other owners (except stockholders in a Farm Credit Bank or other Farm Credit System (''FCS'') Institution with direct lending authority that have normal stock or share requirements for participation) has a substantial financial interest in the Borrower. The Lender certifies that neither the Borrower nor its officers or directors, stockholders or other owners has a substantial financial interest in the Lender. If the Borrower is a member of the board of directors or an officer of a Farm Credit Bank or other FCS Institution with direct lending authority, the Lender certifies that an FCS institution on the next highest level will independently process the loan request and will act as the Lender’s 's agent in servicing the account. C. The Lender will certify to USDA, prior to issuance of the Loan Note Guarantee for each loan, that there has been neither any material adverse change in the borrower’s 's financial condition, nor any other material adverse change in the borrower, for any reason, during the period of time from the Agency’s 's issuance of the Conditional Commitment for Guarantee to issuance of the Loan Note Guarantee regardless of the case or causes of the change and whether the change or causes of the change were within the Lender’s 's or Xxxxxxxx’s 's control. The Lender’s 's certification must address all adverse changes of the Borrower, any parent, affiliate, or subsidiary of the Borrower, and guarantors. X. Xxxxxx certifies that a loan agreement or loan instruments concurred in by USDA has been or will be signed with the Borrower. X. Xxxxxx will submit the required guarantee fee with Form RD 1980-19, ''Guaranteed Loan Closing Report" at the time Form RD 4279-5, ''Loan Note Guarantee'' is issued.

Appears in 2 contracts

Samples: Lender's Agreement, Lender's Agreement

Loan Origination. A. The Lender agrees loan funds will be used for the purposes authorized in 7 C.F.R. CFR part 4279 in accordance with the terms of Form RD 4279-4279- 3, “Conditional Commitment for Guarantee." For the Section 9006 Rural Energy for America program, the citation is 7 C.F.R., CFR part 4280, subpart B. B. The Lender certifies that none of its officers or directors, stockholders, or other owners (except stockholders in a Farm Credit Bank or other Farm Credit System (“FCS”) Institution with direct lending authority that have normal stock or share requirements for participation) has a substantial financial interest in the Borrower. The Lender certifies that neither the Borrower nor its officers or directors, stockholders or other owners has a substantial financial interest in the Lender. If the Borrower is a member of the board of directors or an officer of a Farm Credit Bank or other FCS Institution with direct lending authority, the Lender certifies that an FCS institution on the next highest level will independently process the loan request and will act as the Lender’s agent in servicing the account. C. The Lender will certify to USDA, prior to issuance of the Loan Note Guarantee for each loan, that there has been neither any material adverse change in the borrower’s financial condition, nor any other material adverse change in the borrower, for any reason, during the period of time from the Agency’s issuance of the Conditional Commitment for Guarantee to issuance of the Loan Note Guarantee regardless of the case or causes of the change and whether the change or causes of the change were within the Lender’s or Xxxxxxxx’s control. The Lender’s certification must address all adverse changes of the Borrower, any parent, affiliate, or subsidiary of the Borrower, and guarantors. X. D. Xxxxxx certifies that a loan agreement or loan instruments concurred in by USDA has been or will be signed with the Borrower. X. Xxxxxx E. Lender will submit the required guarantee fee with Form RD 1980-19, “Guaranteed Loan Closing Report” at the time Form RD 4279-5, “Loan Note Guarantee” is issued.

Appears in 1 contract

Samples: Lender’s Agreement

Loan Origination. A. The Lender agrees loan funds will be used for the purposes authorized in 7 C.F.R. CFR part 4279 in accordance with the terms of Form RD 4279-4279- 3, “Conditional Commitment for Guarantee." For the Section 9006 Rural Energy for America program, the citation is 7 C.F.R., CFR part 4280, subpart B. B. The Lender certifies that none of its officers or directors, stockholders, or other owners (except stockholders in a Farm Credit Bank or other Farm Credit System (“FCS”) Institution with direct lending authority that have normal stock or share requirements for participation) has a substantial financial interest in the Borrower. The Lender certifies that neither the Borrower nor its officers or directors, stockholders or other owners has a substantial financial interest in the Lender. If the Borrower is a member of the board of directors or an officer of a Farm Credit Bank or other FCS Institution with direct lending authority, the Lender certifies that an FCS institution on the next highest level will independently process the loan request and will act as the Lender’s agent in servicing the account. C. The Lender will certify to USDA, prior to issuance of the Loan Note Guarantee for each loan, that there has been neither any material adverse change in the borrower’s financial condition, nor any other material adverse change in the borrower, for any reason, during the period of time from the Agency’s issuance of the Conditional Commitment for Guarantee to issuance of the Loan Note Guarantee regardless of the case or causes of the change and whether the change or causes of the change were within the Lender’s or Xxxxxxxx’s control. The Lender’s certification must address all adverse changes of the Borrower, any parent, affiliate, or subsidiary of the Borrower, and guarantors. X. Xxxxxx certifies that a loan agreement or loan instruments concurred in by USDA has been or will be signed with the Borrower. X. Xxxxxx will submit the required guarantee fee with Form RD 1980-19, “Guaranteed Loan Closing Report” at the time Form RD 4279-5, “Loan Note Guarantee” is issued.

Appears in 1 contract

Samples: Lender’s Agreement

Loan Origination. A. The Lender agrees loan funds will be used for the purposes authorized in 7 C.F.R. CFR part 4279 3565 in accordance with the terms of Form RD 42793565-32, ''Conditional Commitment for GuaranteeCommitment." For the Section 9006 program, the citation is 7 C.F.R., part 4280, subpart B.'' B. The Lender certifies that none of its the Lender's officers or directors, stockholders, or other owners (except stockholders in a Farm Credit Bank or other Farm Credit System (''FCS'') Institution with direct lending authority that have normal stock or share requirements for participation) has have a substantial financial interest in the any borrower receiving a Government Guaranteed Multi-family Loan (Borrower). The Lender certifies that neither Xxxxxxxx nor the Borrower nor its Borrower's officers or directors, stockholders or other owners has have a substantial financial interest in the Lender. If the a Borrower is a member of the board of directors or an officer of a Farm Credit Bank or other FCS Institution with direct lending authority, the Lender certifies that an FCS institution on the next highest level will independently process the loan request and will act as the Lender’s 's agent in servicing the account. C. The Lender will certify to USDAthe Government, prior to issuance of the Loan Note Guarantee for each loan, that there has been neither any material adverse change in the borrower’s a Borrower's financial condition, nor any other material adverse change in the borrowera Borrower, for any reason, during the period of time from the Agency’s Government's issuance of the Conditional Commitment for Guarantee to issuance of the Loan Note Guarantee regardless of the case or causes of the change and whether the change or causes of the change were within the Lender’s 's or a Xxxxxxxx’s 's control. The Lender’s 's certification must address all adverse changes of the a Borrower, any parent, affiliate, or subsidiary of the a Borrower, and guarantors. X. Xxxxxx certifies that a loan agreement Regulatory Agreement or loan instruments concurred in by USDA has the Government have been or will be signed with by the Borrower. X. Xxxxxx will submit the pays required guarantee fee with Form RD 1980-19, “Guaranteed Loan Closing Report” at on the time Form RD 4279-5, “due date the Loan Note Guarantee” Guarantee is issued. An annual guarantee fee of ( percent) of the outstanding principal amount of the loan will be charged each year that the guarantee is in effect. The fee will be collected in accordance with 7 CFR 3565, subpart B. F. The Lender will utilize one of the three types of loan guarantees set forth at 7 CFR §3565.52(c).

Appears in 1 contract

Samples: Lender's Agreement

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Loan Origination. A. The Lender agrees loan funds will be used for the purposes authorized in 7 C.F.R. part 4279 subpart B for B&I in accordance with the terms of Form RD 4279-3, “Conditional Commitment for Guarantee." For the Section 9006 programREAP, the citation is 7 C.F.R., part 4280, subpart B.B. For Biorefinery Assistance Loans, the citation is 7 CFR part 4279, subpart C. B. The Lender certifies that none of its officers or directors, stockholders, or other owners (except stockholders in a Farm Credit Bank or other Farm Credit System (“FCS”) Institution with direct lending authority that have normal stock or share requirements for participation) has a substantial financial interest in the Borrower. The Lender certifies that neither the Borrower nor its officers or directors, stockholders or other owners has a substantial financial interest in the Lender. If the Borrower is a member of the board of directors or an officer of a Farm Credit Bank or other FCS Institution with direct lending authority, the Lender certifies that an FCS institution on the next highest level will independently process the loan request and will act as the Lender’s agent in servicing the account. C. The Lender will certify to USDA, prior to issuance of the Loan Note Guarantee for each loan, that there has been neither any material adverse change in the borrower’s financial condition, nor any other material adverse change in the borrower, for any reason, during the period of time from the Agency’s issuance of the Conditional Commitment for Guarantee to issuance of the Loan Note Guarantee regardless of the case or causes of the change and whether the change or causes of the change were within the Lender’s or Xxxxxxxx’s control. The Lender’s certification must address all adverse changes of the Borrower, any parent, affiliate, or subsidiary of the Borrower, and guarantors. X. D. Xxxxxx certifies that a loan agreement or loan instruments concurred in by USDA has been or will be signed with the Borrower. X. Xxxxxx E. Lender will submit the required guarantee fee with Form RD 1980-19, “Guaranteed Loan Closing Report” at the time Form RD 4279-5, “Loan Note Guarantee” is issued.

Appears in 1 contract

Samples: Lender's Agreement

Loan Origination. A. The Lender agrees loan funds will be used for the purposes authorized in 7 C.F.R. CFR part 4279 in accordance with the terms of Form RD 4279-3, “Conditional Commitment for Guarantee." For the Section 9006 program, the citation is 7 C.F.R., CFR part 4280, subpart B. B. The Lender certifies that none of its officers or directors, stockholders, or other owners (except stockholders in a Farm Credit Bank or other Farm Credit System (“FCS”) Institution with direct lending authority that have normal stock or share requirements for participation) has a substantial financial interest in the Borrower. The Lender certifies that neither the Borrower nor its officers or directors, stockholders or other owners has a substantial financial interest in the Lender. If the Borrower is a member of the board of directors or an officer of a Farm Credit Bank or other FCS Institution with direct lending authority, the Lender certifies that an FCS institution on the next highest level will independently process the loan request and will act as the Lender’s agent in servicing the account. C. The Lender will certify to USDA, prior to issuance of the Loan Note Guarantee for each loan, that there has been neither any material adverse change in the borrower’s financial condition, nor any other material adverse change in the borrower, for any reason, during the period of time from the Agency’s issuance of the Conditional Commitment for Guarantee to issuance of the Loan Note Guarantee regardless of the case or causes of the change and whether the change or causes of the change were within the Lender’s or Xxxxxxxx’s control. The Lender’s certification must address all adverse changes of the Borrower, any parent, affiliate, or subsidiary of the Borrower, and guarantors. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0570-0017 and 0570-0067. The time required to complete this information is estimated to average 2 hours per responsee, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. X. Xxxxxx certifies that a loan agreement or loan instruments concurred in by USDA has been or will be signed with the Borrower. X. Xxxxxx will submit the required guarantee fee with Form RD 1980-19, “Guaranteed Loan Closing Report” at the time Form RD 4279-5, “Loan Note Guarantee” is issued.

Appears in 1 contract

Samples: Lender's Agreement

Loan Origination. A. The Lender agrees loan funds will be used for the purposes authorized in 7 C.F.R. CFR part 4279 in accordance with the terms of Form RD 4279-3, “Conditional Commitment for Guarantee." For the Section 9006 program, the citation is 7 C.F.R., CFR part 4280, subpart B. B. The Lender certifies that none of its officers or directors, stockholders, or other owners (except stockholders in a Farm Credit Bank or other Farm Credit System (“FCS”) Institution with direct lending authority that have normal stock or share requirements for participation) has a substantial financial interest in the Borrower. The Lender certifies that neither the Borrower nor its officers or directors, stockholders or other owners has a substantial financial interest in the Lender. If the Borrower is a member of the board of directors or an officer of a Farm Credit Bank or other FCS Institution with direct lending authority, the Lender certifies that an FCS institution on the next highest level will independently process the loan request and will act as the Lender’s agent in servicing the account. C. The Lender will certify to USDA, prior to issuance of the Loan Note Guarantee for each loan, that there has been neither any material adverse change in the borrower’s financial condition, nor any other material adverse change in the borrower, for any reason, during the period of time from the Agency’s issuance of the Conditional Commitment for Guarantee to issuance of the Loan Note Guarantee regardless of the case or causes of the change and whether the change or causes of the change were within the Lender’s or Xxxxxxxx’s control. The Lender’s certification must address all adverse changes of the Borrower, any parent, affiliate, or subsidiary of the Borrower, and guarantors. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0570-0017 and 0570-0067. The time required to complete this information is estimated to average 2 hours per responsee, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. X. D. Xxxxxx certifies that a loan agreement or loan instruments concurred in by USDA has been or will be signed with the Borrower. X. Xxxxxx E. Lender will submit the required guarantee fee with Form RD 1980-19, “Guaranteed Loan Closing Report” at the time Form RD 4279-5, “Loan Note Guarantee” is issued.

Appears in 1 contract

Samples: Lender’s Agreement

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