Refinancing Loan Sample Clauses

Refinancing Loan. If the Drawdown Application that the Lender receives in accordance with the procedures provided for under this Section 5 is related to an application for a Refinancing Loan, the Lender shall promptly make the offset set forth in Section 6.2.

Refinancing Loan. If Borrower or any other Person in which Borrower or its members or partners have a direct or indirect beneficial ownership interest proposes to obtain a first mortgage loan to be secured by the Mortgaged Properties from any Person (other than the initial Lender) and to cause the proceeds of such loan to be used to pay or prepay the Loan in whole or in part (including, without limitation, on the Maturity Date or otherwise pursuant to Section 2.6(a) or 2.7(a)) (any such transaction, a “Refinancing Loan”), Borrower shall provide to the initial Lender in writing the Proposed Terms (including by delivering to the initial Lender actual copies of all current term sheets which have been obtained, except Borrower may redact or withhold the name of the proposed lender on such Refinancing Loan to the extent Borrower or such Person is subject to a confidentiality agreement). The initial Lender shall have five (5) Business Days from its receipt in writing of such proposal to offer to Borrower a Refinancing Loan on terms specified by the initial Lender in writing (the “Lender’s Terms”). If prior to the expiration of such five (5) Business Day period, the initial Lender shall offer to Borrower or such Affiliate a transaction with the same material terms as the Proposed Terms provided to the initial Lender and the same material conditions precedent to closing as those set forth in the Commitment, Borrower or such Affiliate shall accept, and enter into, the transaction offered by the initial Lender and shall not accept, or enter into, such Refinancing Loan. If the initial Lender declines to offer a transaction on the same terms as the Proposed Terms and Borrower or such Affiliate subsequently either proposes to obtain a Refinancing Loan with material business terms at closing economically less favorable to Borrower or such Affiliate than those previously disclosed to Lender, then Borrower or such Affiliate shall provide the initial Lender with a further opportunity to make the Refinancing Loan on the modified terms in accordance with the timing provisions set forth above.

Refinancing Loan. 16 Register....................................................................... 16

Refinancing Loan. Borrower shall not obtain or enter into any agreement or letter of intent to obtain any financing to refinance, directly or indirectly, all or any portion of the Loan (a “Refinancing Loan”), whether by way of a mortgage loan, credit facility, mortgage repurchase facility or otherwise, or any commitment for a Refinancing Loan (a “Refinancing Loan Commitment”), unless and until Borrower shall have complied with this Article 16. Except as expressly provided in Section 16.3(c), this Article 16 shall apply each and every time Borrower seeks a Refinancing Loan or Refinancing Loan Commitment until the Debt has been paid in full in accordance with the terms and conditions of the Loan Documents. For purposes of this Article 16, the term “Lender” shall mean the initially-named Lender hereunder, and shall also include any Affiliate thereof.

Refinancing Loan. Subject to the terms and conditions set forth in this Agreement, EIF agrees to make a loan (the "Refinancing Loan") to Borrowers of up to Six Hundred Eighty Thousand Dollars ($680,000) to refinance the outstanding principal and accrued interest due on the Bank Loans ("Bank Loans Financing")

Refinancing Loan. At any time before July 31, 2003 (at the discretion of Pyxis), Pyxis hereby agrees to purchase, and the Company hereby agrees to sell and issue to Pyxis, a Note in a principal amount of $525,000 plus interest then due under the terms of the promissory notes issued by the Company in its August 2002 bridge financing. Subject to the terms and conditions of this Agreement, the closing of this purchase (also a "Subsequent Closing") will take place five business days following the Company's written request to Pyxis to make such loan.

Refinancing Loan. Purchaser shall use commercially reasonable efforts to arrange for one or more new mortgage and/or mezzanine loan financings, to be made to one or more Subsidiaries (each, a “Refinancing Loan”), that shall close on the Closing Date, which Refinancing Loan, individually and in the aggregate, as applicable, shall contain the following terms: (i) the aggregate principal amount of all Refinancing Loans shall be not less than $1,100,000,000 and no more than $1,200,000,000; (ii) each Refinancing Loan shall (A) have a term (inclusive of extension options) of no less than five (5) years, but not to exceed ten (10) years and (B) require current payments of interest only during such term (i.e., no required or negative amortization); provided, however, that, if the initial term of any Refinancing Loan is less than five years without regard to any extension options, the material conditions applicable to the borrower thereunder to any extension option that is included for purposes of covering a five year term shall be limited to customary market extension conditions for loans similar to such Refinancing Loan, including the fact that an event of default has not occurred and is not continuing, the payment of a market rate extension fee, and the renewal of any interest rate cap agreement; provided that no debt yield, debt service coverage, loan-to-value test or any other financial covenant shall be required to be satisfied as a condition to any such extension option; (iii) no Refinancing Loan shall be subject to any term or condition that requires any borrower or pledgor thereunder to establish at Closing any deposits, reserves or escrows of any kind in connection therewith (unless, at Guarantor’s option, such deposit, reserves or escrows are fully funded by one or more of the Guarantors) and, in lieu thereof, Purchaser shall cause each Guarantor to, at Guarantor’s option (i) provide the guaranties set forth in Section 7.3(d)(ii) or (ii) to the extent acceptable to any Refinancing Source, provide one or more letters of credit; (iv) each Refinancing Loan shall be assumable by a permitted or qualified purchaser of the Property under the Refinancing Loan Documents subject to the payment of a customary market assumption fee and other customary market conditions relating to loan assumptions including the execution and delivery of customary replacement guarantees and indemnities that are substantially similar to those contemplated by Section 7.3(d) with respect to events or occ...

Refinancing Loan. 15 2.2 Development Loan and Initial Funding.........................15 2.3

Refinancing Loan. Borrowers shall not obtain or enter into any binding agreement to obtain any financing to refinance, directly or indirectly, all or any portion of the Loan (a “Refinancing Loan”), or any commitment for a Refinancing Loan (a “Refinancing Loan Commitment”), unless and until Borrowers shall have complied with this Section 11.26.

Refinancing Loan. (a) For purposes of this Section 2.23.3, the term “Refinancing” means the repayment of all or part of the Initial Permanent Loan, or any subsequent Permanent Loan and/or Developer Equity, using the proceeds of a Permitted Leasehold Mortgage Loan which shall be referred to as a “Refinancing Loan.”