Common use of Mandatory Prepayment of the Borrower Loan Clause in Contracts

Mandatory Prepayment of the Borrower Loan. (a) As further provided in the Construction Funding Agreement, if and to the extent the Permanent Period Amount is less than the Interim Phase Amount, Funding Lender may in its sole discretion require Borrower to make a partial prepayment of the Borrower Loan in an amount equal to the difference between the Interim Phase Amount and the Permanent Period Amount, provided, however, that if the Permanent Period Amount is less than the Minimum Permanent Period Amount (as defined in the Construction Funding Agreement), then Funding Lender may in its sole discretion require Borrower to prepay the Borrower Loan in full. (b) Any prepayment in full or in part of the Borrower Loan required pursuant to Section 3.3(a) above shall be subject to a prepayment premium under certain circumstances as more particularly set forth in the Borrower Notes.

Appears in 3 contracts

Samples: Borrower Loan Agreement, Borrower Loan Agreement, Borrower Loan Agreement

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Mandatory Prepayment of the Borrower Loan. (a) As further provided in the Construction Funding Agreement, if and to the extent the Permanent Period Amount is less than the Interim Phase Amount, Funding Lender may in its sole discretion require Borrower to make a partial prepayment of the Borrower Loan in an amount equal to the difference between the Interim Phase Amount and the Permanent Period Amount, Amount (a “Pre-Conversion Loan Equalization Payment”); provided, however, that if the Permanent Period Amount is less than the Minimum Permanent Period Amount (as defined in the Construction Funding Agreement), then Funding Lender may in its sole discretion require Borrower to prepay the Borrower Loan in full. (b) Any prepayment in full or in part of the Borrower Loan required pursuant to Section 3.3(a) above shall be subject to a prepayment premium under certain circumstances as more particularly set forth in the Borrower NotesNote.

Appears in 2 contracts

Samples: Borrower Loan Agreement, Borrower Loan Agreement

Mandatory Prepayment of the Borrower Loan. (a) As further provided in the Construction Funding Agreement, if and to the extent the Permanent Period Amount is less than the Interim Phase Amount, Funding Lender may in its sole discretion require Borrower to make a partial prepayment of the Borrower Loan in an amount equal to the difference between the Interim Phase Amount and the Permanent Period AmountAmount (a “Pre-Conversion Loan Equalization Payment”), provided, however, that if the Permanent Period Amount is less than the Minimum Permanent Period Amount (as defined in the Construction Funding Agreement), then Funding Lender may in its sole discretion require Borrower to prepay the Borrower Loan in full. (b) Any prepayment in full or in part of the Borrower Loan required pursuant to Section 3.3(a) above shall be subject to a prepayment premium under certain circumstances as more particularly set forth in the Borrower NotesNote.

Appears in 2 contracts

Samples: Borrower Loan Agreement, Regulatory Agreement and Declaration of Restrictive Covenants

Mandatory Prepayment of the Borrower Loan. (a) As further provided in the Construction Funding Agreement, if and to the extent the Permanent Period Amount is less than the Interim Phase Amount, Funding Lender may in its sole discretion require Borrower to make a partial prepayment of the Borrower Loan in an amount equal to the difference between the Interim Phase Amount and the Permanent Period Amount, provided, however, that if the Permanent Period Amount is less than the Minimum Permanent Period Amount (as defined in the Construction Funding Agreement), then Funding Lender may in its sole discretion require Borrower to prepay the Borrower Loan in full. (b) Any prepayment in full or in part of the Borrower Loan required pursuant to Section 3.3(a) above shall be subject to a prepayment premium under certain circumstances as more particularly set forth in the Borrower NotesNote.

Appears in 2 contracts

Samples: Borrower Loan Agreement, Borrower Loan Agreement

Mandatory Prepayment of the Borrower Loan. (a) As further provided in the Construction Funding Agreement, if and to the extent the Permanent Period Amount is less than the Interim Phase Amount, Funding Lender may in its sole discretion require Borrower to make a partial prepayment of the Borrower Loan in an amount equal to the difference between the Interim Phase Amount and the Permanent Period Amount, Amount (a “Pre-Conversion Loan Equalization Payment”); provided, however, that if the Permanent Period Amount is less than the Minimum Permanent Period Amount (as defined in the Construction Funding Agreement), then Funding Lender may in its sole discretion require Borrower to prepay the Borrower Loan in full. (b) . Any prepayment in full or in part of the Borrower Loan required pursuant to Section 3.3(a) above the preceding paragraph shall be subject to a prepayment premium under certain circumstances as more particularly set forth in the Borrower Notes.

Appears in 2 contracts

Samples: Borrower Loan Agreement, Borrower Loan Agreement

Mandatory Prepayment of the Borrower Loan. (a) As further provided in the Construction Funding Agreement, if and to the extent the Permanent Period Amount is less than the Interim Phase Amount, Funding Lender may in its sole discretion require Borrower to make a partial prepayment of the Borrower Loan in an amount equal to the difference between the Interim Phase Amount and the Permanent Period Amount, provided, however, that if the Permanent Period Amount is less than the Minimum Permanent Period Amount (as defined in the Construction Funding Agreement), then Funding Lender may in its sole discretion require Borrower to prepay the Borrower Loan in full. (b) . Any prepayment in full or in part of the Borrower Loan required pursuant to Section 3.3(a) above the preceding paragraph shall be subject to a prepayment premium under certain circumstances as more particularly set forth in the Borrower NotesNote.

Appears in 1 contract

Samples: Regulatory Agreement and Declaration of Restrictive Covenants

Mandatory Prepayment of the Borrower Loan. (a) As further provided in the Construction Funding Agreement, if and to the extent the Permanent Period Amount is less than the Interim Phase Amount, Funding Lender may in its sole discretion require Borrower to make a partial prepayment of the Borrower Loan in an amount equal to the difference between the Interim Phase Amount and the Permanent Period Amount, ; provided, however, that if the Permanent Period Amount is less than the Minimum Permanent Period Amount (as defined in the Construction Funding Agreement), then Funding Lender may in its sole discretion require Borrower to prepay the Borrower Loan in full. (b) Any prepayment in full or in part of the Borrower Loan required pursuant to Section 3.3(a) above shall be subject to a prepayment premium under certain circumstances as more particularly set forth in the Borrower NotesNote.

Appears in 1 contract

Samples: Borrower Loan Agreement

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Mandatory Prepayment of the Borrower Loan. (a) As further provided in the Construction Funding Agreement, if and to the extent the Permanent Period Amount is less than the Interim Phase Amount, Funding Lender may in its sole discretion require Borrower to make a partial prepayment of the Borrower Loan in an amount equal to the difference between the Interim Phase Amount and the Permanent Period Amount, provided, however, that if the Permanent Period Amount is less than the Minimum Permanent Period Amount (as defined in the Construction Funding Agreement), then Funding Lender may in its sole discretion require Borrower to prepay the Borrower Loan in full. (b) Any prepayment in full . Notwithstanding the preceding sentence, the Borrower or in part its designee shall have the right to purchase a portion of the Borrower Governmental Lender Tax-Exempt Note in lieu of a Pre-Conversion Loan required pursuant to Equalization Payment but only in accordance with the terms and conditions of Section 3.3(a) above shall be subject to a prepayment premium under certain circumstances as more particularly set forth in the Borrower Notes.3.3

Appears in 1 contract

Samples: Borrower Loan Agreement

Mandatory Prepayment of the Borrower Loan. (a) As further provided in the Construction Funding Agreement, if and to the extent the Permanent Period Amount is less than the Interim Phase Amount, Funding Lender may in its sole discretion require Borrower to make a partial prepayment of the Borrower Loan in an amount equal to the difference between the Interim Phase Amount and the Permanent Period Amount, Amount (a “Pre-Conversion Loan Equalization Payment”); provided, however, that if the Permanent Period Amount is less than the Minimum Permanent Period Amount (as defined in the Construction Funding Agreement), then Funding Lender may in its sole discretion require Borrower to prepay the Borrower Loan in full. (b) Any prepayment in full or in part of the Borrower Loan required pursuant to Section 3.3(a) above shall be subject to a prepayment premium under certain circumstances as more particularly set forth in the Borrower Notes.

Appears in 1 contract

Samples: Borrower Loan Agreement

Mandatory Prepayment of the Borrower Loan. (a) As further provided in the Construction Funding Disbursement Agreement, if and to the extent the Permanent Period Amount is less than the Interim Construction Phase Amount, the Funding Lender may in its sole discretion require the Borrower to make a partial prepayment of the Borrower Loan in an amount equal to the difference between the Interim Construction Phase Amount and the Permanent Period AmountAmount (a “Pre- Conversion Loan Equalization Payment”), provided, however, that if the Permanent Period Amount is less than the Minimum Permanent Period Amount (as defined in the Construction Funding Disbursement Agreement), then the Funding Lender may in its sole discretion require the Borrower to prepay the Borrower Loan in full. (b) Any prepayment in full or in part of the Borrower Loan required pursuant to Section 3.3(a) above shall be subject to a prepayment premium Prepayment Premium under certain circumstances as more particularly set forth in the Borrower NotesNote.

Appears in 1 contract

Samples: Borrower Loan Agreement

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