Origination of Consolidation Loans during the Revolving Period Sample Clauses

Origination of Consolidation Loans during the Revolving Period. (a) From time to time during the Revolving Period the Servicer will identify those Financed Student Loans as to which a Borrower qualifies to receive a Consolidation Loan under the Federal Consolidation Loan Program from the Eligible Lender Trustee and will inform the Administrator of the identity of such loans. The Administrator will determine, in accordance with customary industry standards, whether a Consolidation Loan should be offered to such Borrower; provided, however, that a Consolidation Loan will not be offered to a Borrower if any Student Loan of such Borrower which is not beneficially owned by the Issuer and which is proposed to be discharged by the making of such Consolidation Loan is past due more than 30 days; and provided, further, that a Consolidation Loan will not be offered to a Borrower if the aggregate principal balances of all Consolidation Loans originated pursuant to this Section would thereby exceed the limitations set forth in Section 6.07(d). (b) If the Administrator determines that it is appropriate to offer a Consolidation Loan to a Borrower in accordance with this Section, it will so inform the Servicer who will send the necessary documentation to such Borrower and will process such documentation on behalf of the Eligible Lender Trustee, all in accordance with industry standards, the Higher Education Act and the related Guarantee Agreement. The Servicer will inform the Eligible Lender Trustee of the completion of the loan underwriting process and the necessary documentation, whereupon the Eligible Lender Trustee, on behalf of the Trust and upon the direction of the Administrator, will execute any documents required to be executed by it to complete the origination of such loan and to subject such loan to the related Guarantee Agreement. The Servicer will not permit any Consolidation Loan to be originated which would violate the representations and warranties and other restrictions of Section 3.01 of the Loan Sale Agreement. Any Consolidation Loan which is determined to violate any of such representations and warranties and other restrictions will be subject to purchase or repurchase by the Seller as provided in Section 3.02 of the Loan Sale Agreement. (c) Each Consolidation Loan originated pursuant to this Section 6.07 shall be owned by the Issuer and be part of the Trust Estate and the Collateral from and after the time of such origination. Upon origination of such loan and such loan becoming part of the Trust Estate and the C...
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Origination of Consolidation Loans during the Revolving Period. (a) From time to time during the Revolving Period the Servicer will identify those Financed Student Loans as to which a Borrower qualifies to receive a Consolidation Loan under the Federal Consolidation Loan Program from the Eligible Lender Trustee and will inform the Administrator of the identity of such loans. The Administrator will determine, in accordance with customary industry standards, whether a Consolidation Loan should be offered to such Borrower; provided, however, that a Consolidation Loan will not be offered to a Borrower if any Student Loan of such Borrower which is not beneficially owned by the Issuer and which is proposed to be discharged by the making of such Consolidation Loan is past due more than 30 days; and provided, further, that a Consolidation Loan will not be offered to a Borrower if the aggregate principal balances of all Consolidation Loans originated pursuant to this Section would thereby exceed the limitations set forth in Section 6.07(d). (b) If the Administrator determines that it is appropriate to offer a Consolidation Loan to a Borrower in accordance with this Section, it will so inform the Servicer who will send
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Origination of Consolidation Loans during the Revolving Period a. From time to time during the Revolving Period the Servicer will identify those Financed Student Loans as to which a Borrower qualifies to receive a Consolidation Loan under the Federal Consolidation Loan Program from the Eligible Lender Trustee and will inform the Administrator of the identity of such loans. The Administrator will determine, in accordance with customary industry standards, whether a Consolidation Loan should be offered to such Borrower; PROVIDED that, a Consolidation Loan will not be offered to a Borrower if any Student Loan of such Borrower which is not owned by the Issuer and which is proposed to be discharged by the making of such Consolidation Loan is more than 30 days past due; and PROVIDED FURTHER that a Consolidation Loan will not be offered to a borrower if the aggregate principal amount of all Consolidation Loans originated pursuant to this Section would thereby exceed the limitations set forth in Section 6.07(d).
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Related to Origination of Consolidation Loans during the Revolving Period

  • Optional Conversion of Revolving Credit Advances The Borrower may on any Business Day, upon notice given to the Agent not later than 11:00 A.M. (New York City time) on the third Business Day prior to the date of the proposed Conversion and subject to the provisions of Sections 2.07 and 2.11(a), Convert all Revolving Credit Advances of one Type comprising the same Borrowing into Revolving Credit Advances of the other Type (it being understood that such Conversion of a Revolving Credit Advance or of its Interest Period does not constitute a repayment or prepayment of such Revolving Credit Advance); provided, however, that any Conversion of Eurodollar Rate Advances into Base Rate Advances shall be made only on the last day of an Interest Period for such Eurodollar Rate Advances, any Conversion of Base Rate Advances into Eurodollar Rate Advances shall be in an amount not less than the minimum amount specified in Section 2.02(b) and no Conversion of any Revolving Credit Advances shall result in more separate Borrowings than permitted under Section 2.02(b). Each such notice of a Conversion shall be substantially in the form of Exhibit H hereto, and shall, within the restrictions specified above, specify (i) the date of such Conversion, (ii) the Revolving Credit Advances to be Converted, and (iii) if such Conversion is into Eurodollar Rate Advances, the duration of the initial Interest Period for each such Eurodollar Rate Advance. Each notice of Conversion shall be irrevocable and binding on the Borrower.

  • Loans, Advances, Investments, Etc Make or commit or agree to make, or permit any of its Subsidiaries make or commit or agree to make, any Investment in any other Person except for Permitted Investments.

  • Mandatory Prepayments due to Borrowing Base Deficiency In the event that at any time any Borrowing Base Deficiency shall exist, the Borrower shall, within five Business Days after delivery of the applicable Borrowing Base Certificate, prepay the Loans (or provide Cash Collateral for Letters of Credit as contemplated by Section 2.05(k)) or reduce Other Covered Indebtedness in such amounts as shall be necessary so that such Borrowing Base Deficiency is cured; provided that, if the Borrower (x) chooses, by written notice to the Administrative Agent within such five (5) Business Day period, to make such repayment by means of a Capital Call (which notice shall include a certification by a Financial Officer that the uncalled capital commitments of the Borrower at such time, excluding uncalled capital commitments of Defaulted Investors, exceed the amount of such Borrowing Base Deficiency), the Borrower shall have thirty (30) Business Days to cure the Borrowing Base Deficiency (which 30-Business Day period shall include the five (5) Business Days permitted for delivery of such written notice to the Administrative Agent) and (y) makes the Capital Call to its Investors (as defined in the Guarantee and Security Agreement) within ten (10) Business Days of the date of notice to the Administrative Agent (and provides the Administrative Agent with written evidence of the Capital Call notice within two (2) Business Days of such notice being sent); and provided further that (i) the aggregate amount of such prepayment of Loans (and Cash Collateral for Letters of Credit) shall be at least equal to the Revolving Percentage times the aggregate prepayment of the Covered Debt Amount, and (ii) if, within five Business Days after delivery of a Borrowing Base Certificate demonstrating such Borrowing Base Deficiency, the Borrower shall present the Lenders with a reasonably feasible plan (other than the use of a Capital Call as described above) acceptable to the Required Lenders in their sole discretion to enable such Borrowing Base Deficiency to be cured within 30 Business Days (which 30-Business Day period shall include the five (5) Business Days permitted for delivery of such plan), then such prepayment or reduction shall not be required to be effected immediately but may be effected in accordance with such plan (with such modifications as the Borrower may reasonably determine), so long as such Borrowing Base Deficiency is cured within such 30-Business Day period.

  • Repayment of Revolving Credit Loans The Borrower shall repay the Revolving Credit Loans together with all outstanding interest thereon on the Expiration Date.

  • Termination of Revolving Credit Facility The Revolving Credit Facility and the Revolving Credit Commitments shall terminate on the Revolving Credit Maturity Date.

  • Certificates for Reimbursement; Repayment of Outstanding Loans; Borrowing of New Loans A certificate of a Lender or the Issuing Lender setting forth the amount or amounts necessary to compensate such Lender or the Issuing Lender or its holding company, as the case may be, as specified in Sections 5.8.1 [Increased Costs Generally] or 5.

  • Loans, Investments, Etc Each Borrower and each Guarantor shall not, and shall not permit any of its Subsidiaries to, directly or indirectly, make, or suffer or permit to exist, any loans or advance money or property to any Person, or any investment in (by capital contribution, dividend or otherwise) or purchase or repurchase the Capital Stock or Indebtedness or all or a substantial part of the assets or property of any Person, or form or acquire any Subsidiaries, or agree to do any of the foregoing, except: (a) the endorsement of instruments for collection or deposit in the ordinary course of business; (b) investments in cash or Cash Equivalents so long as the terms and conditions of Section 5.2 hereof shall have been satisfied with respect to the deposit account or investment account in which such cash or Cash Equivalents are held; provided, however, such cash or Cash Equivalents must be held in a savings or investment account which is subject to Administrative and Collateral Agent’s first priority perfected security interest if any Revolving Loans or Term Loans are then outstanding; (c) the existing equity investments of each Borrower and each Guarantor as of the date hereof in their respective Subsidiaries, provided, that, no Borrower or Guarantor shall have any obligation to make any other investment in, or loans to, or other payments in respect of, any of such Subsidiaries; (d) stock or obligations issued to any Borrower or any Guarantor by any Person (or the representative of such Person) in respect of Indebtedness of such Person owing to such Borrower or such Guarantor in connection with the insolvency, bankruptcy, receivership or reorganization of such Person or a composition or readjustment of the debts of such Person; provided, that, the original of any such stock or instrument having a principal amount in excess of $1,000,000 evidencing such obligations shall be promptly delivered to Administrative and Collateral Agent, upon Administrative and Collateral Agent’s request, together with such stock power, assignment or endorsement by such Borrower or such Guarantor as Administrative and Collateral Agent may request; (e) obligations of account debtors to any Borrower or any Guarantor arising from Accounts which are past due evidenced by a promissory note made by such account debtor payable to such Borrower or such Guarantor; provided, that, promptly upon the receipt of the original of any such promissory note by such Borrower or such Guarantor having a principal amount in excess of $1,000,000, such promissory note shall be endorsed to the order of Administrative and Collateral Agent by such Borrower or such Guarantor and promptly delivered to Administrative and Collateral Agent as so endorsed; (f) the loans and advances set forth on Schedule 9.10 hereto; provided, that, as to such loans and advances, (i) Borrowers and Guarantors shall not, directly or indirectly, amend, modify, alter or change the terms of such loans and advances or any agreement, document or instrument related thereto and (ii) Borrowers and Guarantors shall furnish to Administrative and Collateral Agent all notices or demands in connection with such loans and advances either received by any Borrower, any Guarantor or on any of their behalf, promptly after the receipt thereof, or sent by any Borrower, any Guarantor or on any of their behalf, concurrently with the sending thereof, as the case may be; (g) loans and advances by any Borrower or any Guarantor to officers and employees of such Borrower or such Guarantor so long as such loans are made in the ordinary course of such Borrower’s or such Guarantor’s business and with respect to activities arising from such persons employment by such Borrower or such Guarantor; (h) loans and advances by BlueLinx to BlueLinx Building Products Canada Ltd., a company organized under the laws of British Columbia, not to exceed $10,000,000 in the aggregate at any one time outstanding; and (i) Permitted Acquisitions; provided, however, in the case of a Permitted Acquisition which is an Asset Acquisition, the assets acquired by any Borrower shall not be included in the calculation of the Borrowing Base until the Administrative and Collateral Agent shall have had the opportunity to perform a field examination and appraisal through its examiners or through representatives that it may retain in order to determine the eligibility of such assets for inclusion in the calculation of the Borrowing Base; (j) any Borrower may form an Acquisition Subsidiary so long as; (i) Administrative Borrower provides Administrative and Collateral Agent with prior written notice of the formation of any Acquisition Subsidiary; (ii) no Default or Event of Default has occurred and is continuing or would result from the formation of such Acquisition Subsidiary; (iii) Administrative and Collateral Agent, for the ratable benefit of the Lenders and the Bank Product Providers, shall be granted a first priority security interest (subject to the security interests, mortgages, pledges, liens, charges and other encumbrances otherwise permitted under Section 9.8 hereof) in all assets (including any Capital Stock) of such Acquisition Subsidiary and such Borrower shall cause such Acquisition Subsidiary to execute any documents and take all actions that may be required under applicable law or that Administrative and Collateral Agent may reasonably request, in order to grant, preserve, protect and perfect such security interest, all in form and substance satisfactory to Administrative and Collateral Agent; and (iv) either (A) such Borrower shall cause such newly formed Acquisition Subsidiary to execute a (1) general continuing guaranty in favor of Administrative and Collateral Agent, for itself and the ratable benefit of the Lenders and the Bank Product Providers, in form and substance satisfactory to Administrative and Collateral Agent, and (2) a joinder to this Agreement, in form and substance satisfactory to Administrative and Collateral Agent, whereby such newly formed Acquisition Subsidiary acknowledges and agrees that it is a “Guarantor” hereunder; or (B) such newly formed Acquisition Subsidiary shall execute a joinder to this Agreement, in form and substance satisfactory to Administrative and Collateral Agent, whereby such newly formed Acquisition Subsidiary acknowledges and agrees that it is a “Borrower” hereunder subject to the terms hereunder and subject to such newly formed Acquisition Subsidiary and Borrowers executing such documentation requested by Administrative Agent in its reasonable discretion.

  • Repayment of Revolving Loans The Borrower shall repay to the Lenders on the Maturity Date the aggregate principal amount of Revolving Loans outstanding on such date.

  • Application of Prepayments of Loans to Base Rate Loans and Eurodollar Rate Loans Considering each Class of Loans being prepaid separately, any prepayment thereof shall be applied first to Base Rate Loans to the full extent thereof before application to Eurodollar Rate Loans, in each case in a manner which minimizes the amount of any payments required to be made by Borrower pursuant to Section 2.18(c).

  • Repayment of Revolving Credit Advances The Borrower shall repay to the Agent for the ratable account of the Lenders on the Revolver Termination Date the aggregate principal amount of the Revolving Credit Advances then outstanding.

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