Performance Under Hedge Documents Sample Clauses

Performance Under Hedge Documents. The Borrower agrees to comply fully with, and to otherwise perform when due, its obligations under, all applicable Hedge Documents and all other agreements evidencing, governing and/or securing any Hedge arrangement contemplated under this Article XXI. The Borrower shall not exercise, without the Lender’s prior written consent, which consent shall not be unreasonably withheld, and shall exercise, at the Lender’s direction, any rights or remedies under any Hedge Document, including without limitation the right of termination.
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Performance Under Hedge Documents. Xxxxxxxx agrees to comply fully with, and to otherwise perform when due, its obligations under, all applicable Hedge Documents and all other agreements evidencing, governing and/or securing any Hedge arrangement contemplated under this Section. Borrower shall not exercise, without the Lender's prior written consent, and shall exercise, at Xxxxxx's direction, any rights or remedies under any Hedge Document, including without limitation the right of termination.
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Performance Under Hedge Documents. The Sponsor shall comply fully with, and otherwise perform when due, its respective obligations under all Hedge Documents. The Sponsor shall not exercise without Xxxxxxx Mac’s prior written consent, and shall exercise at Xxxxxxx Mac’s direction, any rights or remedies under any Hedge Document.
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Performance Under Hedge Documents. The Borrowers agree to comply fully with, and to pay and otherwise perform when due, its obligations under all applicable Hedge Documents and all other agreements evidencing, governing and/or securing any Hedge arrangement contemplated under this section 3.2; provided, however, that the Borrowers shall not exercise without Fannie Mae's prior written consent, and shall exercise at Fannie Mae's direction, any rights or remedies under any Hedge Documents, including, if any event of default then exists under the applicable Hedge Documents, the right of termination. Notwithstanding anything herein to the contrary, Fannie Mae shall not have any liability, responsibility, obligation or accountability for the performance, payment or remittance of any of Borrowers' obligations or a Counterparty's obligations under any Hedge or Hedge Document.
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Performance Under Hedge Documents. Any Borrower agrees to comply fully with, and to otherwise perform when due, its obligations under all applicable Hedge Documents and all other agreements evidencing, governing and/or securing any Hedge arrangement contemplated under Sections 7.1 and 7.2 of this Agreement. The Borrower shall not exercise without Fannie Mae’s prior written consent, and shall exercise at Fannie Mae’s direction, any rights or remedies under any Hedge Document, including without limitation the right of termination. Upon termination of an existing Hedge on a date other than the scheduled termination date, the applicable Borrower shall, within ten (10) days of such termination, obtain a new Hedge satisfying the terms of this Agreement.
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Performance Under Hedge Documents. Xxxxxxxx agrees to comply fully with, and to otherwise perform when due, its obligations under, all applicable Hedge Documents and all other agreements evidencing, governing and/or securing any Hedge arrangement contemplated under this Paragraph. Borrower shall not exercise, without the Lender’s prior written consent, and shall exercise, at Lender’s direction, any rights or remedies under any Hedge Document, including without limitation the right of termination. BORROWER’S INITIAL(S) SCHEDULE C PRINCIPAL AMORTIZATION SCHEDULE NOT APPLICABLE SCHEDULE D RATE CONFIRMATION FORM Pursuant to Paragraph 4(c) of that certain Amended and Restated Discount MBS Multifamily Note dated as of June 1, 2007 (the “Note”), from the undersigned (the “Borrower”) to Xxxxxx Xxx, a federally-chartered and stockholder-owned corporation organized and existing under the Federal National Mortgage Association Charter Act, 12 U.S.C. §1716 et seq., (the “Lender”), the Borrower hereby requests that the Lender issue to it an advance for the purpose of refinancing the Indebtedness to be funded by a discount mortgaged backed security (“DMBS”) and the Lender hereby confirms that it has obtained a commitment for the purchase of a Xxxxxx Xxx DMBS with the following terms: Advance Amount $ Term Three months DMBS Issue Date 1, DMBS Imputed Interest Rate % Discount % Price Closing Date no later than , Dated: , DEUTSCHE BANK BERKSHIRE MORTGAGE, INC., a Delaware corporation By: Name: Title: By: Name: Title: Rate Setting Date: , , : AM/PM Eastern Time AGREED TO AND ACCEPTED BY: Dated: , BORROWER: DEG RESIDENTIAL, LLC a Delaware limited liability company By: Xxxxxxx Xxxxxx Management, Inc., a Delaware corporation, its Manager By: Name: Xxxxxxx Xxxxx Title: Chief Financial Officer 00-0000000 Borrower’s Employer ID Number
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Performance Under Hedge Documents. Owner agrees to comply fully with, and to pay and otherwise perform when due, its obligations under all applicable Hedge Documents and all other agreements evidencing, governing and/or securing any Hedge
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Performance Under Hedge Documents. The Borrower agrees to comply fully with, and to otherwise perform when due, its obligations under, all applicable Hedge Documents and all other agreements evidencing, governing and/or securing any Hedge arrangement contemplated under this Article XXIII. Except as specifically provided in this Article XXIII, the Borrower shall not exercise, without the Lender's prior written consent, and shall exercise, at the Lender's direction, any rights or remedies under any Hedge Document, including, without limitation, the right of termination. The Borrower shall notify the Lender of any downgrading of the credit rating of any counterparty under a Hedge promptly after the Borrower receives notice from such counterparty of such downgrading.
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Performance Under Hedge Documents. Owner agrees to comply fully with, and to pay and otherwise perform when due, its obligations under all applicable Hedge Documents and all other agreements evidencing, governing and/or securing any Hedge arrangement contemplated under this section 3.1; provided, however, that Owner shall not exercise without Xxxxxx Mae's prior written consent, and shall exercise at Xxxxxx Mae's direction, any rights or remedies permitted in accordance with the terms of any Hedge Documents, including any right of termination. Notwithstanding anything herein to the contrary, Xxxxxx Xxx shall not have any liability, responsibility, obligation or accountability for the performance, payment or remittance of any of Owner's obligations or a Counterparty's obligations under any Hedge or Hedge Document; provided, however, that this provision shall not be interpreted to limit Xxxxxx Mae's obligations under the Related Xxxxxx Xxx Collateral Agreements or any other Transaction Document to which Xxxxxx Mae is a party.
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Related to Performance Under Hedge Documents

  • Secured Hedge Agreements and Secured Cash Management Agreements No Cash Management Bank or Hedge Bank that obtains the benefits of Section 10.4 or any Collateral by virtue of the provisions hereof or of any Security Document shall have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Collateral (including the release or impairment of any Collateral) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Article XI to the contrary, the Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Secured Cash Management Agreements and Secured Hedge Agreements unless the Administrative Agent has received written notice of such Secured Cash Management Agreements and Secured Hedge Agreements, together with such supporting documentation as the Administrative Agent may request, from the applicable Cash Management Bank or Hedge Bank, as the case may be.

  • Secured Cash Management Agreements and Secured Hedge Agreements Except as otherwise expressly set forth herein, no Cash Management Bank or Hedge Bank that obtains the benefit of the provisions of Section 8.03, the Guaranty or any Collateral by virtue of the provisions hereof or any Collateral Document shall have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Collateral (including the release or impairment of any Collateral) (or to notice of or to consent to any amendment, waiver or modification of the provisions hereof or of the Guaranty or any Collateral Document) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Article IX to the contrary, the Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Secured Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements except to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice of such Secured Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Cash Management Bank or Hedge Bank, as the case may be. The Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Secured Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements in the case of a Facility Termination Date.

  • Performance of Obligations under Loan Documents The Borrower will pay the Notes according to the reading, tenor and effect thereof, and the Borrower will, and will cause each Subsidiary to, do and perform every act and discharge all of the obligations to be performed and discharged by them under the Loan Documents, including, without limitation, this Agreement, at the time or times and in the manner specified.

  • Credit Agreement; Loan Documents This Agreement or counterparts hereof shall have been duly executed by, and delivered to, Borrowers, each other Credit Party, Agent and Lenders; and Agent shall have received such documents, instruments, agreements and legal opinions as Agent shall reasonably request in connection with the transactions contemplated by this Agreement and the other Loan Documents, including all those listed in the Closing Checklist attached hereto as Annex D, each in form and substance reasonably satisfactory to Agent.

  • Modifications to Loan Documents Except as otherwise provided in Section 9.02(b) or 9.02(c) with respect to this Agreement, the Administrative Agent may, with the prior consent of the Required Lenders (but not otherwise), consent to any modification, supplement or waiver under any of the Loan Documents; provided that, without the prior consent of each Lender, the Administrative Agent shall not (except as provided herein or in the Security Documents) release all or substantially all of the Collateral or otherwise terminate all or substantially all of the Liens under any Security Document providing for collateral security, agree to additional obligations being secured by all or substantially all of such collateral security, or alter the relative priorities of the obligations entitled to the benefits of the Liens created under the Security Documents with respect to all or substantially all of the Collateral, except that no such consent shall be required, and the Administrative Agent is hereby authorized, to release any Lien covering property that is the subject of either a disposition of property permitted hereunder or a disposition to which the Required Lenders have consented.

  • Senior Loan Documents Borrower represents and warrants that it has provided PFG with true and complete copies of all existing Senior Loan Documents, and Borrower covenants that it will, in the future, provide PFG with true and complete copies of any future Senior Loan Documents, including without limitation any amendments to any existing Senior Loan Documents.

  • Effects on Loan Documents (a) Except as specifically amended herein, all Loan Documents shall continue to be in full force and effect and are hereby in all respects ratified and confirmed.

  • Cash Management Agreement 11 SECTION 7 – TAXES, REPORTS AND RECORDS............................................................ 11

  • Management Agreements Other than as contemplated by this Agreement, as of the date hereof, there are no contracts, undertakings, commitments, agreements or obligations or understandings between Parent or Merger Subsidiary, on the one hand, and any member of the Company’s management or the Company’s Board of Directors, on the other hand, relating in any way to the transactions contemplated by this Agreement or the operations of the Company after the Effective Time.

  • Limitation on Hedge Agreements Enter into any Hedge Agreement other than Hedge Agreements entered into in the ordinary course of business, and not for speculative purposes.

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