Common use of Non-Recourse Basis Clause in Contracts

Non-Recourse Basis. In the event that the Borrower fails to pay an Advance on the Maturity Date thereof, the Reserve Bank first shall seek repayment from realization upon the PPPLF Collateral, including any proceeds of payments by the SBA in connection with loan forgiveness or loan guarantees with respect to such PPPLF Collateral. Thereafter, the Reserve Bank may pursue any remedies it may have to recover the remaining outstanding amount of an Advance. Notwithstanding any provisions of the PPPLF Agreement to the contrary, all Advances made to the Borrower pursuant to the PPPLF shall become a recourse obligation if, in the sole discretion of the Reserve Bank, the Borrower (i) has breached any of the representations, warranties, or covenants made under the PPPLF Agreement or (ii) has engaged in any fraud or misrepresentation in connection with any Advance or any request to obtain an Advance under the PPPLF. Accrual of Interest, Debits by Reserve Bank: Interest on each Advance shall accrue daily against the Borrower’s Account and shall be debited from the Borrower’s Account on the Maturity Date.

Appears in 4 contracts

Samples: Paycheck Protection Program Liquidity Facility Agreement, Paycheck Protection Program Liquidity Facility Agreement, Paycheck Protection Program Liquidity Facility Letter of Agreement

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Non-Recourse Basis. In the event that the Borrower fails to pay an Advance on the Maturity Date thereof, the Reserve Bank first shall seek repayment from realization upon the PPPLF Collateral, including any proceeds of payments by the SBA in connection with loan forgiveness or loan guarantees with respect to such PPPLF Collateral. Thereafter, the Reserve Bank may pursue any remedies it may have to recover the remaining outstanding amount of an Advance. Notwithstanding any provisions of the PPPLF Agreement to the contrary, all Advances made to the Borrower pursuant to the PPPLF shall become a recourse obligation if, in the sole discretion of the Reserve Bank, the Borrower (i) has breached any of the representations, warranties, or covenants made under the PPPLF Agreement or (ii) has engaged in any fraud or misrepresentation in connection with any Advance or any request to obtain an Advance under the PPPLF. Accrual of Interest, Debits by Reserve Bank: Interest on each Advance shall accrue daily against the Borrower’s Account outstanding obligations and shall be debited from the account of the Borrower’s Account on depository institution as identified in the Maturity Datesection captioned “Borrower’s Depository Institution” below.

Appears in 2 contracts

Samples: Paycheck Protection Program Liquidity Facility Letter of Agreement (Square, Inc.), Paycheck Protection Program Liquidity Facility Agreement (Square, Inc.)

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Non-Recourse Basis. In the event that the Borrower fails to pay an Advance on the Maturity Date thereof, the Reserve Bank first shall seek repayment from realization upon the PPPLF Collateral, including any proceeds of payments by the SBA in connection with loan forgiveness or loan guarantees with respect to such PPPLF Collateral. Thereafter, the Reserve Bank may pursue any remedies it may have to recover the remaining outstanding amount of an Advance. Notwithstanding any provisions of the PPPLF Agreement to the contrary, all Advances made to the Borrower pursuant to the PPPLF shall become a recourse obligation if, in the sole discretion of the Reserve Bank, the Borrower (i) has breached any of the representations, warranties, or covenants made under the PPPLF Agreement or (ii) has engaged in any fraud or misrepresentation in connection with any Advance or any request to obtain an Advance under the PPPLF. Accrual of Interest, Debits by Reserve Bank: Interest on each Advance shall accrue daily against the Borrower’s Account and shall be debited from the Borrower’s Account on the Maturity Date.

Appears in 1 contract

Samples: Paycheck Protection Program Liquidity Facility Letter of Agreement

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