Loan Transfers Sample Clauses

Loan Transfers. Eligible Loan Transfer Accounts One-Time Advance/Payment Loan Payments Noncompliance with Borrowing Base

Loan Transfers. The Accounting Department provides a list of loans to be transferred to the Quality Assurance Department. The Quality Assurance area will remove any files on the list that have not been cleared. Other loans may be withheld from a transfer as determined by FCC Senior Management.

Loan Transfers. (a) Each of the Seller Parties and each of the Purchaser Parties hereby acknowledge and agree, in furtherance and not in limitation of any other provision of this Agreement (including Section 12.17 hereof) and at any time (whether before or after any Closing Date), that such Parties shall cooperate and use their Commercially Reasonable Efforts to take any and all actions that are necessary and sufficient in accordance with applicable Laws to Transfer the Purchased Commercial Loans and any related Commercial Loan Note, Commercial Loan Mortgage, Commercial Loan Security Instruments or Commercial Loan-Related Asset from Seller Parties to Purchaser at the Closing Date applicable to such Purchased Commercial Loan, including, if the “security,” “administrative” and/or “facility” agent (as any such term may be used or defined in a Purchased Commercial Loan and/or any related Commercial Loan Note, Commercial Loan Mortgage, Commercial Loan Security Instruments or Commercial Loan-Related Asset) is a Seller Party or an Affiliate thereof, to replace such party with a Person designated by the Purchaser Parties in its sole and absolute discretion (other than Seller Parties or any of their Affiliates). Except as expressly provided in this Agreement, the costs, fees and expenses (including any applicable Taxes) related to the Transfers contemplated by this Section 5.24(a) shall be the sole responsibility of the Seller Parties. (b) In the event a non-U.S. Purchased Commercial Loan is not capable of being directly Transferred to the applicable Purchaser Party pursuant to the terms and conditions of this Agreement as a result of the failure to obtain any Required Third Party Consent with respect to such Purchased Commercial Loan or any other condition to Transfer not having been satisfied either on or before the Applicable Initial Closing Date or by the Outside Closing Date, then the Transfer of such Purchased Commercial Loan to the Purchaser Parties shall (to the extent not prohibited by the terms of the Commercial Loan Note and related documents with respect to such Purchased Commercial Loan) be consummated by the execution by in respect of any non-US Purchased Commercial Loan, the execution by the applicable Parties of a sub-participation or similar arrangement; provided that the proposed course of action will in all cases be subject to (i) applicable Laws, (ii) the terms and conditions of this Agreement, and (iii) the prior written approval of the Purchaser Parties, whic...

Loan Transfers. At the closing, Seller will transfer to -------------- Purchaser the Transferred Loans described in Exhibit 3.01, which Exhibit is attached hereto, subject to adjustment as provided herein. At the Closing, Seller will transfer to Purchaser all of Seller's right, title and interest in and to all property and assets that secures any of the Transferred Loans. The total Gross Loans to be transferred were, as of January 8, 1999, approximately One Million Two Hundred Thirteen Thousand Two Hundred Twenty-Nine and 59/100 Dollars ($1,213,229.59) and are more fully identified in Exhibit 3.01. The exact ------------ amount of Transferred Loans to be transferred shall be fixed and shall be updated at the Closing to identify and indicate the exact amounts of the Transferred Loans to be transferred as of the Closing Date.

Loan Transfers. Eligible Loan Transfer Accounts Accounts eligible for Loan Transfers will be determined in our discretion. You agree that the relevant loan agreement, note or other document is modified to the extent necessary to allow the transfers or other Services that may be utilized pursuant to this Agreement. We may process transactions from loan Accounts without regard to access limitations in any loan documentation or agreements. One-Time Advance/Payment You can use the Loan Transfer feature to make recurring and non-recurring “on-us” loan Account advances (“Loan Advance(s)”) and payments (“Loan Payment(s)”). The Loan Transfer will be processed on the Loan Transfer processing date (“Loan Payment Processing Date”); provided that the Loan Payment Processing Date selected by you is a business day and you submit your one time Loan Transfer instruction prior to the Loan Transfer cutoff hour for that date. If you select a Loan Payment Processing Date that is not a business day or submit your Loan Transfer instruction after the Loan Transfer cutoff hour for that date, then the Loan Payment Processing Date may be the next business day. Loan Advances will only occur to the extent there are sufficient available funds on the eligible loan Account, as determined by the terms and conditions of the applicable loan documents and agreements, including, but not limited to, the promissory note, governing the loan Account. Loan Payments You may designate the Loan Payment as a regular installment or an interest/principal only payment. If funds transferred will be applied as a reduction in principal only, funds will be applied as unscheduled reductions of principal and as such will not satisfy the installment obligations under the payment schedule for the loan Account or pay accrued interest. If funds transferred will be applied as a regular installment payment, you are responsible for ensuring that you initiate an Loan Payment instruction in time for the payment to be received by us before its due date. We are not responsible for any damages, costs or fees you may suffer if you do not allow sufficient time between the Processing Date and the due date. Cash Management Support Department FM 299 Noncompliance with Borrowing Base This paragraph is applicable if the promissory note or other loan document for your loan Account provides that the loan Account is tied to a borrowing base of eligible receivables. At any time that you are not in compliance with the borrowing-base requirement, we...

Loan Transfers. The first sentence of the second grammatical paragraph of Section 9.8(c) of the Loan Agreement is hereby deleted its entirety and is replaced with the following: “Notwithstanding anything contained in this Agreement to the contrary, ORIX Capital Markets, LLC, a Delaware limited liability company (“ORIX”), as Lender and not Agent, shall have the right, at its sole option, to cause Varian Medical Systems International AG, a Swiss corporation (“Varian”) (but expressly excluding any successor, assign or participant of Varian or any other Person other than Varian), to make a Loan Transfer to ORIX (or its assignee or designee), at any time and from time to time, of all or any portion of Varian’s Individual Loan Commitment (whether funded or not).”

Loan Transfers. (a) Seller shall take all necessary action so that immediately following the Closing Date: (i) the Company shall transfer: (x) each of the loans and ORE identified on Schedule 7.18 as “Excluded Loans” to an Affiliate of Seller which is not the Company or the Subsidiary (the “Transfer Affiliate”), for an amount equal to the loan balance of such loan as of the Closing Date, plus accrued interest through the Closing Date, less any applicable specific or general reserve as of the Closing Date, and (y) each of the loans identified on Schedule 7.18 as “Seller Participation Loans” to the Transfer Affiliate for an amount equal to the Company’s principal interest in such loan as of the Closing Date, plus accrued interest through the Closing Date, less any applicable specific or general reserve as of the Closing Date, and (ii) the Transfer Affiliate shall transfer each of the loans identified on Schedule 7.18 as “Company Participation Loans” to the Company for an amount equal to the Transfer Affiliate’s principal interest in such loan as of the Closing Date plus accrued interest through the Closing Date, less any applicable specific or general reserve as of the Closing Date. The loan balance of each Excluded Loan, the applicable accrued interest, and the applicable reserve, each as of December 31, 2009 (and the applicable interest rate for each loan), is identified on Schedule 7.18. The principal interest of each of the Company and the Transfer Affiliate in each Seller Participation Loan and each Company Participation Loan, the applicable accrued interest and the applicable reserve, as of December 31, 2009 (and the applicable interest rate), is identified on Schedule 7.18. With respect to any Excluded Loans in connection with which any participation has been sold to any Person (whether Seller, any of its Affiliates or otherwise), Seller shall take all necessary action so that immediately following the Closing Date the Company shall assign to the Transfer Affiliate, and the Transfer Affiliate shall assume (for no additional consideration), the related participation agreements (the “Assigned Participation Agreements”). Seller shall cause the Transfer Affiliate to perform all of the Company’s obligations under the Assigned Participation Agreements in accordance with their respective terms. Each such transfer shall be on terms reasonably satisfactory to Buyer and Seller, including transfer on a non-recourse basis such that the transferee of each loan does not retain any...

Loan Transfers. With respect to each Loan Transfer entered into by the Purchaser, the Seller and the Servicer agree: (i) to cooperate with the Purchaser and any prospective purchaser with respect to all reasonable requests, including but not limited to assistance and information reasonably requested by the Purchaser to enable the Purchaser’s compliance with any law, rule or regulation affecting the servicing, sales or transfers of the Mortgage Loans; and (ii) to execute at the Purchaser’s discretion, a mutually agreeable form of assignment, assumption and recognition agreement to a successor purchaser of some or all of the Mortgage Loans.

Loan Transfers. Notwithstanding anything to the contrary set forth herein or in any other Loan Document, Lender reserves the right at any time during the term of the indebtedness secured by this Security Instrument and in its sole and absolute discretion to (i) sell, transfer or assign its entire interest or one or more participation interests in the indebtedness secured by this Security Instrument and the Loan Documents, including its rights and obligations as servicer of the Indebtedness, by certificates, participations, securities, pari passu notes evidencing whole or component interests therein, or otherwise, through one or more public or private offerings, and/or deposit this Security Instrument, the Note and other Loan Documents, or any interest therein, with a trust, which trust may sell Security Instrument pass-through certificates or other securities certificates to investors evidencing an ownership interest in the trust assets, including in connection with a securitization of or the creation of collateralized debt obligations secured by or financed through an “owner trust”, (ii) otherwise sell the Loan or interests therein to investors, and/or (iii) cause the Note, this Security Instrument and the other Loan Documents to be split into two or more notes, parts or interests, in whatever proportion Lender deems appropriate, which may be in the form of pari passu interests, senior and junior interests, or other interests, and thereafter to sell, assign, participate, syndicate or securitize all or any part of either or both of such severed or split obligations and documents. Borrower hereby consents to Lender’s disclosure of the Loan Documents, credit information and reports on Borrower, its principals and any guarantor or other party to the Loan Documents and any other documentation or information related to the Loan or Borrower as Lender desires to make available to any transferee, participant or investor in connection with any transaction described in this Section 8.10 or any similar transaction.

Loan Transfers. Each of the Lenders (i.e., the Existing Lender and New Lender) will have the right from time to time and without the consent of Borrower, to assign, syndicate, sell, pledge, securitize, participate or otherwise transfer all or any portion of the A Loan or the B Loan, as applicable. Borrower agrees to cooperate with the reasonable requests of the transferring Lender in connection with such transfers and, upon each such transfer, Borrower shall look solely to the then current holder of the Note relative to the obligations of the applicable Lender under the Loan Documents.