Remaining Advances Sample Clauses

Remaining Advances. So long as (i) no Event of Default has occurred or is continuing under this PSA or the Lease, (ii) no Acquisition Price Deficiency specified in this Section 2.5 exists; and (iii) an Advance does not exceed the limitations specified in Section ARTICLE 2 above, following receipt of an Advance Request, Buyer shall pay to Seller, in immediately available funds, an amount equal to the amount shown on the Advance Request, until the Advance Expiration Date, after which, no additional Advances will be paid by Xxxxx, notwithstanding that all amounts of the Acquisition Price may not have been advanced to Seller, and the Maximum Acquisition Price shall be deemed reduced to the amount that had already been Advanced prior to the Advance Expiration Date.
AutoNDA by SimpleDocs
Remaining Advances. The credit arising under each of the Remaining Advances is owned by Gotesco free and clear of any and all liens, deeds of trust, usufructs, charges, security interests, encumbrances or other adverse claims of any kind. Gotesco has good and marketable title to each of the credits covered by the Remaining Advances. No Person has any right of first refusal or option to acquire any interest in any of the Remaining Advances or any part thereof, and Gotesco has not sold or contracted to sell any of the credits covered by the Remaining Advances or any part thereof or interest therein other than as set forth herein. The obligation to repay each of the Remaining Advances is a legal, valid and binding obligation of the Company, enforceable in accordance with the terms described above. Gotesco has disclosed and Nextel is aware that the herein assigned credit is subordinated to the loan accounts of the Company from Motorola, Inc. By the execution of this Agreement, Nextel agrees to be bound to all the terms and conditions of the said loan accounts of the Company to Motorola, Inc.
Remaining Advances. The credit arising under each of the Remaining Advances is owned by Foodcamp free and clear of any and all liens, deeds of trust, usufructs, charges, security interests, encumbrances or other adverse claims of any kind. Foodcamp has good and marketable title to each of the credits covered by the Remaining Advances. No Person has any right of first refusal or option to acquire any interest in any of the Remaining Advances or any part thereof, and Foodcamp has not sold or contracted to sell any of the credits covered by the Remaining Advances or any part thereof or interest therein other than as set forth herein. The obligation to repay each of the Remaining Advances is a legal, valid and binding obligation of the Company, enforceable in accordance with the terms described above. Foodcamp has disclosed and Nextel is aware that the herein assigned credit is subordinated to the loan accounts of the Company from Motorola, Inc. By the execution of this Agreement, Nextel agrees to be bound to all the terms and conditions of the said loan accounts of the Company to Motorola, Inc.

Related to Remaining Advances

  • Servicing Advances The Master Servicer and, if the Master Servicer does not, the Trustee to the extent the Trustee receives written notice from the Certificate Administrator that such Advance has not been made by the Master Servicer, shall make Servicing Advances to the extent provided in this Agreement, except to the extent that the Master Servicer or the Trustee as applicable, determines in accordance with Section 4.4 below, that any such Advance would be a Nonrecoverable Advance and, subject to the last sentence of this paragraph, except to the extent the Special Servicer determines in accordance with the Servicing Standard and Section 4.4 that such Advance, if made, would be a Nonrecoverable Advance, in which event the Special Servicer shall promptly direct the Master Servicer not to make such Advance; provided that the Special Servicer has no obligation to make such determination. Such determination by the Master Servicer or the Special Servicer shall be conclusive and binding on the Trustee and the Certificateholders and, in the case of any B Note, the holder of the related B Note and, in the case of any Serviced Pari Passu Mortgage Loan, the holder of the related Serviced Companion Loan. The Special Servicer shall not be required to make Servicing Advances under this Agreement but may make such Servicing Advances (on an emergency basis) at its option in which event the Master Servicer shall reimburse the Special Servicer for such Servicing Advance (together with Advance Interest) promptly (but no later than five (5) days) following receipt of a statement therefor. Promptly after discovering that the Master Servicer has failed to make a Servicing Advance that the Master Servicer is required to make hereunder, the Certificate Administrator shall promptly notify the Trustee (if the Certificate Administrator is not also the Trustee) in writing of the failure by the Master Servicer to make such Servicing Advance. The Master Servicer may make Servicing Advances in its own discretion if it determines that making such Servicing Advance is in the best interest of the Certificateholders, as a collective whole (and, in the case of any A/B Whole Loan, in the best interest of the holder of the related B Note and the Trust as a collective whole and, in the case of any Loan Pair, in the best interest of the holder of the related Serviced Companion Loan and the Trust as a collective whole), even if the Master Servicer or the Special Servicer has determined, in accordance with Section 4.4 below, that any such Advance would be a Nonrecoverable Advance. The applicable Non-Serviced Mortgage Loan Master Servicer is obligated to make Servicing Advances pursuant to the related Non-Serviced Mortgage Loan Pooling and Servicing Agreement with respect to any Non-Serviced Mortgage Loan, and the Master Servicer shall have no obligation or authority to make Servicing Advances with respect to such Mortgage Loan.

  • Monthly Advances ARTICLE IX

  • Making Advances To refrain from making any advances under this Agreement but Lessor may make advances after the happening of any such event without thereby waiving the right to refrain from making other further advances or to exercise any of the other rights Lessor may have.

  • Nonrecoverable Advances Any advance previously made by a Servicer pursuant to its Selling and Servicing Contract with respect to a Mortgage Loan or by the Master Servicer that the Master Servicer shall determine in its good faith judgment not to be ultimately recoverable from Insurance Proceeds or Liquidation Proceeds or otherwise with respect to such Mortgage Loan or recoverable as late Monthly Payments with respect to such Mortgage Loan shall be a Nonrecoverable Advance. The determination by the Master Servicer that it or the applicable Servicer has made a Nonrecoverable Advance or that any advance would constitute a Nonrecoverable Advance, shall be evidenced by an Officer's Certificate of the Master Servicer delivered to the Trustee on the Determination Date and detailing the reasons for such determination. Notwithstanding any other provision of this Agreement, any insurance policy relating to the Mortgage Loans, or any other agreement relating to the Mortgage Loans to which the Company or the Master Servicer is a party, (a) the Master Servicer and each Servicer shall not be obligated to, and shall not, make any advance that, after reasonable inquiry and in its sole discretion, the Master Servicer or such Servicer shall determine would be a Nonrecoverable Advance, and (b) the Master Servicer and each Servicer shall be entitled to reimbursement for any advance as provided in Section 3.05(a)(i), (ii) and (iv) of this Agreement.

  • Revolving Advances Subject to the terms and conditions set forth in this Agreement, each Lender, severally and not jointly, will make Revolving Advances to Borrower in aggregate amounts outstanding at any time equal to such Lender's Commitment Percentage of the lesser of (x) the Maximum Revolving Advance Amount less the aggregate amount of outstanding Letters of Credit or (y) an amount equal to the sum of:

  • DISTRIBUTIONS AND SERVICING ADVANCES Section 4.01

Time is Money Join Law Insider Premium to draft better contracts faster.