Common use of No Modification of Receivables Collateral or Payments by Borrower Clause in Contracts

No Modification of Receivables Collateral or Payments by Borrower. Other than in respect to a Permitted Modification, a Force Majeure Note Receivable, a Delinquency Modification or a Customer Service Cancellation, Borrower will not cancel or materially modify, or consent to or acquiesce in any material modification (including any change in the interest rate or amount, frequency or number of payments) to, or solicit the prepayment of, any Note Receivable which constitutes part of the Receivables Collateral; or waive the timely performance of the obligations of the Purchaser under any such Note Receivable or its security; or release the security for any such Note Receivable. Borrower will not pay or advance directly or indirectly for the account of any Purchaser any sum required to be deposited or owing by the Purchaser either under any Purchase Contract or under any Note Receivable which constitutes part of the Receivables Collateral. In the event Borrower desires to modify a Note Receivable that is otherwise prohibited pursuant to the provisions of this Section 6.2(e) and provided that Borrower delivers to Lender one or more Eligible Notes Receivable having an aggregate Borrowing Base not less than the Borrowing Base of the Note Receivable with respect to which such modification is desired, Lender will reassign and endorse to Borrower, without recourse 59 or warranty of any kind, such Note Receivable with respect to which a modification is desired. Borrower will prepare the reassignment document which shall be in form and substance substantially identical to Exhibit F-1, F-2 or F-3 (attached hereto) as to each of the Timeshare Projects, respectively, and will deliver it to Lender for execution. Lender will send or cause to be sent to Borrower the reassignment documents and the Note Receivable being reassigned within a reasonable time (not to exceed 20 days) after satisfaction of the conditions precedent specified above. Simultaneously with the delivery by Borrower to Lender of such new Eligible Notes Receivable, Borrower will deliver to Lender all of the items (except for a Request for Loan Advance) required to be delivered by Borrower to Lender pursuant to Section 4.2, together with a “Borrower's Certificate” in form and substance identical to Exhibit E attached hereto. Borrower shall not have the right to make a Customer Service Cancellation upon the occurrence and during the continuance of an Event of Default. Any resulting Borrowing Base Shortfall from a Customer Service Cancellation shall be rectified pursuant to Section 2.7(c) hereof. 

Appears in 2 contracts

Samples: Loan and Security Agreement (Bluegreen Vacations Holding Corp), Loan and Security Agreement (Bluegreen Vacations Corp)

AutoNDA by SimpleDocs

No Modification of Receivables Collateral or Payments by Borrower. Other than in respect to a Permitted Modification, a Force Majeure Note Receivable, a Delinquency Modification or a Customer Service CancellationDelinquency Modification, Borrower will not cancel or materially modify, or consent to or acquiesce in any material modification (including any change in the interest rate or amount, frequency or number of payments) to, or solicit the prepayment of, any Note Receivable which constitutes part of the Receivables Collateral; or waive the timely performance of the obligations of the Purchaser under any such Note Receivable or its security; or release the security for any such Note Receivable. Borrower will not pay or advance directly or indirectly for the account of any Purchaser any sum required to be deposited or owing by the Purchaser either under any Purchase Contract or under any Note Receivable which constitutes part of the Receivables Collateral. In the event Borrower desires to modify a Note Receivable that is otherwise prohibited pursuant to the provisions of this Section 6.2(e) and provided that Borrower delivers to Lender one or more Eligible Notes Receivable having an aggregate Borrowing Base not less than the Borrowing Base of the Note Receivable with respect to which such modification is desired, Lender will reassign and endorse to Borrower, without recourse 59 or warranty of any kind, such Note Receivable with respect to which a modification is desired. Borrower will prepare the reassignment document which shall be in form and substance substantially identical to Exhibit F-1, F-2 or F-3 (attached hereto) as to each of the Timeshare ProjectsBig Cedar Project, the Long Creek Project and the Paradise Point Project, respectively, and will deliver it to Lender for execution. Lender will send or cause to be sent to Borrower the reassignment documents and the Note Receivable being reassigned within a reasonable time (not to exceed 20 days) after satisfaction of the conditions precedent specified above. Simultaneously with the delivery by Borrower to Lender of such new Eligible Notes Receivable, Borrower will deliver to Lender all of the items (except for a Request for Loan Advance) required to be delivered by Borrower to Lender pursuant to Section 4.2, together with a "Borrower's Certificate" in form and substance identical to Exhibit E attached hereto. Borrower shall not have the right to make a Customer Service Cancellation upon the occurrence and during the continuance of an Event of Default. Any resulting Borrowing Base Shortfall from a Customer Service Cancellation shall be rectified pursuant to Section 2.7(c) hereof. .

Appears in 2 contracts

Samples: Loan and Security Agreement (BFC Financial Corp), Loan and Security Agreement (BBX Capital Corp)

AutoNDA by SimpleDocs

No Modification of Receivables Collateral or Payments by Borrower. Other than in respect to a Permitted Modification, a Force Majeure Note Receivable, a Delinquency Modification or a Customer Service Cancellation, Borrower will not cancel or materially modify, or consent to or acquiesce in any material modification (including any change in the interest rate or amount, frequency or number of payments) to, or solicit the prepayment of, any Note Receivable which constitutes part of the Receivables Collateral; or waive the timely performance of the obligations of the Purchaser under any such Note Receivable or its security; or release the security for any such Note Receivable. Borrower will not pay or advance directly or indirectly for the account of any Purchaser any sum required to be deposited or owing by the Purchaser either under any Purchase Contract or under any Note Receivable which constitutes part of the Receivables Collateral. In the event Borrower desires to modify a Note Receivable that is otherwise prohibited pursuant to the provisions of this Section 6.2(e) and provided that Borrower delivers to Lender one or more Eligible Notes Receivable having an aggregate Borrowing Base not less than the Borrowing Base of the Note Receivable with respect to which such modification is desired, Lender will reassign and endorse to Borrower, without recourse 59 or warranty of any kind, such Note Receivable with respect to which a modification is desired. Borrower will prepare the reassignment document which shall be in form and substance substantially identical to Exhibit F-1, F-2 or F-3 (attached hereto) as to each of the Timeshare Projects, respectively, and will deliver it to Lender for execution. Lender will send or cause to be sent to Borrower the reassignment documents and the Note Receivable being reassigned within a reasonable time (not to exceed 20 days) after satisfaction of the conditions precedent specified above. Simultaneously with the delivery by Borrower to Lender of such new Eligible Notes Receivable, Borrower will deliver to Lender all of the items (except for a Request for Loan Advance) required to be delivered by Borrower to Lender pursuant to Section 4.2, together with a “Borrower's Certificate” in form and substance identical to Exhibit E attached hereto. Borrower shall not have the right to make a Customer Service Cancellation upon the occurrence and during the continuance of an Event of Default. Any resulting Borrowing Base Shortfall from a Customer Service Cancellation shall be rectified pursuant to Section 2.7(c) hereof. 

Appears in 1 contract

Samples: Loan and Security Agreement (BBX Capital Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.