Provision of Funds by the Funding Agents Sample Clauses

Provision of Funds by the Funding Agents. (a) (i) (A) In the case of an Advance Confirmation Notice issued pursuant to Section 2.4.3(a) above, on the requested Advance Date, and (B) in the case of an Advance Confirmation Notice issued pursuant to Section 2.4.3(c) or (d) above, on the third (3rd) Banking Day after such issuance, before 12:00 p.m. New York, New York time, the Bank Lenders and the FF&E Lenders (in each case, subject to Sections 2.5.3 and 2.5.5) shall deposit or cause to be deposited in the Collection Account, in immediately available funds, their Facility's portion of the requested Advance, if any, as determined pursuant to Sections 2.5.1 and 2.5.2 and set forth in the related Advance Confirmation Notice and, if the final Notice of Advance Request includes a request for the issuance of one or more Letters of Credit under the Bank Revolving Facility, the Bank Agent shall also send written notice to the Disbursement Agent that the "Issuing Lenders" (as defined in the Bank Credit Agreement) under the Bank Revolving Facility are committed to issue each such Letter of Credit.
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Provision of Funds by the Funding Agents. (a) (i) (A) In the case of an Advance Confirmation Notice issued pursuant to Section 2.4.3(a) above, on the requested Advance Date, and (B) in the case of an Advance Confirmation Notice issued pursuant to Section 2.4.3(c) or (d) above, on the third (3rd) Banking Day after such issuance, before 12:00 p.m. New York, New York time, (x) the Bank Lenders (subject to Section 2.5.3) shall deposit or cause to be deposited in the Disbursement Account, in immediately available funds, their Facility's portion of the requested Advance, if any, as determined pursuant to Sections 2.5.1, 2.5.2 and 2.5.4 and set forth in the related Advance Confirmation Notice and (y) the FF&E Lenders (subject to Section 2.5.5) shall deposit or cause to be deposited in the FF&E Proceeds Account, in immediately available funds, their Facility's portion of the requested Advance, if any, as determined pursuant to Section 2.5.1 and set forth in the related Advance Confirmation Notice and, if the final Notice of Advance Request includes a request for the issuance of one or more Letters of Credit under the Bank Revolving Facility, the Bank Agent shall also send written notice to the Disbursement Agent that the "Issuing Lenders" (as defined in the Bank Credit Agreement) under the Bank Revolving Facility are committed to issue each such Letter of Credit. Amounts deposited by or on behalf of ULLICO, as Bank Lender, shall be deemed to have been applied to fund Project Costs due and owing to the Prime Contractor; it being understood that, notwithstanding such application, ULLICO shall enjoy the same rights and privileges over the Project Security as any other Project Secured Party.
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Provision of Funds by the Funding Agents. (a) (i) (A) In the case of an Advance Confirmation Notice issued pursuant to Section 2.5.3(a) above, on the day immediately preceding the requested Advance Date, and (B) in the case of an Advance Confirmation Notice issued pursuant to Section 2.5.3(c) above, on the second (2nd) day after such issuance, before 12:00 p.m. New York, New York time, the HVAC Provider shall deposit or cause to be deposited in the Collection Account, in immediately available funds its Facility's portion of the requested Advance, as determined pursuant to Sections 2.6.1 and 2.6.2 and set forth in the related Advance Confirmation Notice. In the event that the HVAC Provider fails to make the deposit described above by the required time, the Disbursement Agent shall draw on the HVAC Letters of Credit (or withdraw funds from the HVAC Accounts) as provided in Section 2.4 and deposit in the Collection Account the HVAC Commitment Facility's portion of the requested Advance.
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Provision of Funds by the Funding Agents. (a) In the event that the Disbursement Agent forwards to the Funding Agents the Advance Request and related documentation in accordance with Section 2.4.2(a)(i), then, before 2:00 p.m. New York, New York time on the requested Advance Date (or, in the event of the receipt of notification from the Disbursement Agent pursuant to Section 2.4.2(c), before 2:00 p.m. New York, New York time on the third (3rd) day after such notification) and so long as no Potential Event of Default or Event of Default exists hereunder or under such Funding Agent’s Facility Agreement (i) the applicable Bank Lenders shall deposit or cause to be deposited (A) in the Bank Proceeds Account, in immediately available funds, their Term Loan Facility’s portion of the requested Advance made on the “Term A Loan Commitment Termination Date” and the “Term B Delayed Draw Loan Commitment Termination Date” (as each such term is defined in the Bank Credit Agreement) pursuant to the second-to-last paragraph of Section 2.1.B of the Bank Credit Agreement and (B) in the Disbursement Account, in immediately available funds, their Facility’s portion of the requested Advance made on any other date, in each case as determined pursuant to Sections 2.5.1 and 2.5.2 and set forth in the related Advance Request, (ii) if such Advance Request includes a request for the issuance of one or more Letters of Credit providing credit support for Project Costs under the Revolving Credit Facility, the Bank Agent shall send written notice to the Disbursement Agent that the Issuing Lender is committed to issue each such Letter of Credit, (iii) the Phase II Mall Lenders shall deposit or cause to be deposited in the Disbursement Account, in immediately available funds, their Facility’s portion of the requested Advance as determined pursuant to Sections 2.5.1, 2.5.2 and 2.5.3 and set forth in the related Advance Request, and (iv) the Disbursement Agent shall withdraw from the applicable Accounts, the portion of the Advance to be funded from such Account as determined pursuant to Sections 2.5.1 and 2.5.2 and set forth in the related Advance Request and deposit such funds in the Disbursement Account. All funds so deposited in the Disbursement Account shall thereafter be applied as provided in Section 2.6.
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Related to Provision of Funds by the Funding Agents

  • Advance of Funds by the Seller After origination, no advance of funds has been made by the Seller to the related Mortgagor other than in accordance with the Loan Documents, and, to the Seller’s knowledge, no funds have been received from any person other than the related Mortgagor or an affiliate for, or on account of, payments due on the Mortgage Loan (other than as contemplated by the Loan Documents, such as, by way of example and not in limitation of the foregoing, amounts paid by the tenant(s) into a Mortgagee-controlled lockbox if required or contemplated under the related lease or Loan Documents). Neither the Seller nor any affiliate thereof has any obligation to make any capital contribution to any Mortgagor under a Mortgage Loan, other than contributions made on or prior to the date hereof.

  • Advancement of Funds by the Seller No holder of a Mortgage Loan has advanced funds or induced, solicited or knowingly received any advance of funds from a party other than the owner of the related Mortgaged Property, directly or indirectly, for the payment of any amount required by such Mortgage Loan.

  • Presumption of Funding by the Lenders Unless the Administrative Agent shall have received notice from a Lender prior to the proposed date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s share of such Borrowing, the Administrative Agent may assume that such Lender has made such share available on such date in accordance with Section 2.05(a) and may, in reliance upon such assumption, make available to the Borrower a corresponding amount. In such event, if a Lender has not in fact made its share of the applicable Borrowing available to the Administrative Agent, then the applicable Lender and the Borrower severally agree to pay to the Administrative Agent forthwith on demand such corresponding amount with interest thereon, for each day from and including the date such amount is made available to the Borrower to but excluding the date of payment to the Administrative Agent, at (i) in the case of such Lender, the greater of the Federal Funds Effective Rate and a rate determined by the Administrative Agent in accordance with banking industry rules on interbank compensation or (ii) in the case of the Borrower, the interest rate applicable to ABR Loans. If such Lender pays such amount to the Administrative Agent, then such amount shall constitute such Lender’s Loan included in such Borrowing.

  • Advance of Funds by the Mortgage Loan Seller Except for loan proceeds advanced at the time of loan origination or other payments contemplated by the Mortgage Loan documents, no advance of funds has been made by the Mortgage Loan Seller to the related Mortgagor, and no funds have been received from any person other than the related Mortgagor or an affiliate, directly, or, to the knowledge of the Mortgage Loan Seller, indirectly for, or on account of, payments due on the Mortgage Loan. Neither the Mortgage Loan Seller nor any affiliate thereof has any obligation to make any capital contribution to any Mortgagor under a Mortgage Loan, other than contributions made on or prior to the date hereof.

  • Authorization of Receipt of Funds by the Trustee Under the Security Documents Subject to the provisions of the Intercreditor Agreement, the Trustee is authorized to receive any funds for the benefit of the Holders distributed under the Security Documents, and to make further distributions of such funds to the Holders according to the provisions of this Indenture.

  • Assumption or Termination of Sub-Servicing Agreements by Trustee In the event the Master Servicer shall for any reason no longer be the master servicer (including termination due to a Master Servicer Event of Default), the Trustee or its designee shall thereupon assume (or cause its designee or the successor master servicer for the Trustee appointed pursuant to Section 7.02 to assume) all of the rights and obligations of the Master Servicer under each Sub-Servicing Agreement that the Master Servicer may have entered into, unless the Trustee elects to terminate any Sub-Servicing Agreement in accordance with its terms as provided in Section 6.07. Upon such assumption, the Trustee, its designee or the successor servicer for the Trustee appointed pursuant to Section 7.02 shall be deemed, subject to Section 6.07, to have assumed all of the Master Servicer's interest therein and to have replaced the Master Servicer as a party to each Sub-Servicing Agreement to the same extent as if each Sub-Servicing Agreement had been assigned to the assuming party, except that (i) the Master Servicer shall not thereby be relieved of any liability or obligations under any Sub-Servicing Agreement and (ii) none of the Trustee, its designee or any successor Master Servicer shall be deemed to have assumed any liability or obligation of the Master Servicer that arose before it ceased to be the Master Servicer. The Master Servicer at its expense shall, upon request of the Trustee, deliver to the assuming party all documents and records relating to each Sub-Servicing Agreement and the Mortgage Loans then being serviced and an accounting of amounts collected and held by or on behalf of it, and otherwise use its best efforts to effect the orderly and efficient transfer of the Sub- Servicing Agreements to the assuming party.

  • Authorization of Receipt of Funds by the Trustee Under the Collateral Documents Subject to the provisions of the Intercreditor Agreements, the Trustee is authorized to receive any funds for the benefit of the Holders distributed under the Collateral Documents, and to make further distributions of such funds to the Holders according to the provisions of this Indenture.

  • Provision of Funds (a) GMAC agrees to contribute and deposit in the Certificate Account on behalf of Residential Funding (or otherwise provide to Residential Funding, or to cause to be made available to Residential Funding), either directly or through a subsidiary, in any case prior to the related Distribution Date, such moneys as may be required by Residential Funding to perform its Subordinate Certificate Loss Obligation when and as the same arises from time to time upon the demand of the Trustee in accordance with Section 12.01 of the Servicing Agreement.

  • Advance of Funds by Seller After origination, no advance of funds has been made by Seller to the related Mortgagor other than in accordance with the Mortgage Loan documents, and, to Seller’s knowledge, no funds have been received from any person other than the related Mortgagor or an affiliate for, or on account of, payments due on the Mortgage Loan (other than as contemplated by the Mortgage Loan documents, such as, by way of example and not in limitation of the foregoing, amounts paid by the tenant(s) into a lender-controlled lockbox if required or contemplated under the related lease or Mortgage Loan documents). Neither Seller nor any affiliate thereof has any obligation to make any capital contribution to any Mortgagor under a Mortgage Loan, other than contributions made on or prior to the date hereof.

  • Assumption or Termination of Subservicing Agreements by Trustee (a) If the Master Servicer shall for any reason no longer be the master servicer (including by reason of an Event of Default), the Trustee, its designee or its successor shall thereupon assume all of the rights and obligations of the Master Servicer under each Subservicing Agreement that may have been entered into. The Trustee, its designee or the successor servicer for the Trustee shall be deemed to have assumed all of the Master Servicer's interest therein and to have replaced the Master Servicer as a party to the Subservicing Agreement to the same extent as if the Subservicing Agreement had been assigned to the assuming party except that the Master Servicer shall not thereby be relieved of any liability or obligations under the Subservicing Agreement.

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