Repayment of Loans; Interest. (a) Borrower hereby promises to repay in full in Dollars on the Maturity Date, the aggregate principal amount of the Loans then outstanding. (b) Borrower hereby promises to pay to Agent for the account of Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to but excluding the date such Loan shall be paid in full, at a rate per annum equal to the Contract Rate. Notwithstanding the foregoing, at all times when an Event of Default exists, Borrower hereby promises to pay to Agent for the account of Lender interest at the Default Rate on the entire outstanding principal balance of the Loans and on any other amount payable by Borrower hereunder or under the Note. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) Business Day of each month and on the Maturity Date; provided, that, Agent may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by Borrower on account of any of the Loans outstanding. Promptly after the determination of any interest rate provided for herein or any change therein, Agent shall endeavor to give notice thereof to Borrower. (c) It is understood and agreed that, unless and until a Default shall have occurred and be continuing, Borrower shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agent, Borrower shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder.
Appears in 4 contracts
Samples: Master Loan and Security Agreement (American Strategic Income Portfolio Inc Iii), Master Loan and Security Agreement (American Strategic Income Portfolio Inc), Master Loan and Security Agreement (American Strategic Income Portfolio Inc Ii)
Repayment of Loans; Interest. (a) Borrower The Borrowers hereby promises promise, jointly and severally, to repay in full in Dollars on the Maturity Termination Date, the aggregate principal amount of the Loans then outstanding.
(b) Borrower The Borrowers hereby promises promise, jointly and severally, to pay to the Agent for the account of each Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to to, but excluding excluding, the date such Loan shall be paid in full, at a rate per annum equal to the Contract Applicable Loan Rate. Notwithstanding the foregoing, at all times when an Event of Default exists, Borrower the Borrowers hereby promises promise to pay to the Agent for the account of each Lender interest at the applicable Post-Default Rate on the entire outstanding any principal balance of the Loans any Loan and on any other amount payable by Borrower the Borrowers hereunder or under any Note that shall not be paid in full when due (whether at stated maturity, by acceleration or by mandatory prepayment or otherwise) for the Noteperiod from and including the due date thereof to but excluding the date the same is paid in full. Interest shall accrue on the unpaid principal balance of each Loan on a daily basis. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) Business Day of each month and for the last month of the Loan Agreement on the Maturity first (1st) Business Day of such last month and on the Termination Date; provided, that, that the Agent may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by Borrower the Borrowers on account of any of the Loans outstanding. Promptly after Interest payable at the determination of any interest rate provided for herein or any change therein, Agent Post-Default Rate shall endeavor to give notice thereof to Borroweraccrue daily and shall be payable in accordance with the foregoing.
(c) It is understood and agreed that, unless and until a Default shall have occurred and be continuing, Borrower the Borrowers shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to the Agent, for the ratable benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agent, Borrower shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender Lenders hereunder.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)
Repayment of Loans; Interest. (a) The Borrower hereby promises to repay in full in Dollars on the Maturity Termination Date, the aggregate outstanding principal amount of the Loans then outstandingplus all accrued and unpaid interest thereon and any other sums due hereunder on such date.
(b) The Borrower hereby promises to pay to Agent for the account of Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to to, but excluding excluding, the date such Loan shall be paid in full, at a rate per annum equal to the Contract Applicable Loan Rate. Notwithstanding the foregoing, at all times when an Event of Default exists, the Borrower hereby promises to pay to Agent for the account of Lender interest at the applicable Post-Default Rate on the entire outstanding any principal balance of the Loans any Loan and on any other amount payable by the Borrower hereunder or under the NoteNote that shall not be paid in full when due (whether at stated maturity, by acceleration or by mandatory prepayment or otherwise) for the period from and including the due date thereof to but excluding the date the same is paid in full. Interest shall accrue on the unpaid principal balance of each Loan on a daily basis. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) Business Day of each month and for the last month of the Loan Agreement on the Maturity first Business Day of such last month and on the Termination Date; provided, that, Agent that the Lender may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by the Borrower on account of any of the Loans outstanding. Promptly after Interest payable at the determination of any interest rate provided for herein or any change therein, Agent Post-Default Rate shall endeavor to give notice thereof to Borroweraccrue daily and shall be payable in accordance with the foregoing.
(c) It is understood and agreed that, unless and until a Default shall have occurred and be continuing, the Borrower shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agent, Borrower shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)
Repayment of Loans; Interest. (a) The Borrower hereby promises to repay in full in Dollars on the Maturity Date, Termination Date the then aggregate outstanding principal amount of the Loans then outstandingLoans.
(b) The Borrower hereby promises to pay to Agent for the account of Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to but excluding the date such Loan shall be paid in full, at a rate per annum equal to the Contract RateEurodollar Rate plus the Applicable Margin. Notwithstanding the foregoing, at all times when an Event of Default exists, the Borrower hereby promises to pay to Agent for the account of Lender interest at the applicable Post-Default Rate on the entire outstanding any principal balance of the Loans any Loan and on any other amount payable by the Borrower hereunder or under the Note, that shall not be paid in full when due (whether at stated maturity, by acceleration or by mandatory prepayment or otherwise), for the period from and including the due date thereof to but excluding the date the same is paid in full. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) Business Day of each month and for the last month of the Loan Agreement on the Maturity first Business Day of such last month and on the Termination Date; provided, that, Agent may, in its sole discretion, require accrued except that interest to payable at the Post-Default Rate shall accrue daily and shall be paid simultaneously with any prepayment of principal made by Borrower on account of any of the Loans outstandingpayable upon such accrual. Promptly after the determination of any interest rate provided for herein or any change therein, Agent the Lender shall endeavor to give notice thereof to the Borrower.
(c) Following each Funding Date and from time to time (as further described in Section 11.15 hereof), the Lender shall have the right to perform a Due Diligence Review with respect to any or all of the Mortgage Loans. In the event that the Lender discovers any discrepancy between the information set forth on the Mortgage Loan Tape and the information discovered as a result of the Lender's Due Diligence Review (in each case, a "Discrepancy"), then the Lender ----------- shall give notice thereof to the Borrower and the Borrower shall promptly correct the information set forth on the related Mortgage Loan Tape. In the event that any Discrepancy affects the classification of a Mortgage Loan as an 'A' Credit Mortgage Loan, a 'B' Credit Mortgage Loan, a 'C' Credit Mortgage Loan or a 'D' Credit Mortgage Loan (in each case, a "Misclassified Mortgage Loan"), --------------------------- then the Lender shall recalculate the accrued interest on the Loans outstanding during the period of time during which such Misclassified Mortgage Loan was pledged to the Lender hereunder (in each case, an "Interest Recalculation"), using the Applicable Margin which would have been applied for the Loans then outstanding if such Misclassified Mortgage Loan had been properly classified. The Borrower shall promptly remit to the Lender the excess (if any) of the Interest Recalculation over the accrued interest previously calculated and paid by the Borrower for the affected period of time.
(d) It is understood and agreed that, unless and until a Default shall have occurred and be continuing, the Borrower shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agent, Borrower shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder.
Appears in 2 contracts
Samples: Loan Agreement (Southern Pacific Funding Corp), Loan Agreement (Southern Pacific Funding Corp)
Repayment of Loans; Interest. (a) Borrower The Borrowers hereby promises promise, jointly and severally, to repay in full in Dollars on the Maturity Date, Termination Date the then aggregate outstanding principal amount of the Loans then outstandingLoans.
(b) Borrower The Borrowers hereby promises promise, jointly and severally, to pay to Agent for the account of Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to but excluding the date such Loan shall be paid in full, at a rate per annum equal to the Contract RateEurodollar Rate plus the Applicable Margin. Notwithstanding the foregoing, at all times when an Event of Default existsthe Borrowers hereby promise, Borrower hereby promises jointly and severally, to pay to Agent for the account of Lender interest at the applicable Post-Default Rate on the entire outstanding any principal balance of the Loans any Loan and on any other amount payable by Borrower the Borrowers hereunder or under the NoteNote that shall not be paid in full when due (whether at stated maturity, by acceleration or by mandatory prepayment or otherwise) for the period from and including the due date thereof to but excluding the date the same is paid in full. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) Business Day of each month and for the last month of the Loan Agreement on the Maturity first Business Day of such last month and on the Termination Date; provided, that, Agent the Lender may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by Borrower the Borrowers on account of any of the Loans outstanding. Promptly after Interest payable at the determination of any interest rate provided for herein or any change therein, Agent Post-Default Rate shall endeavor to give notice thereof to Borroweraccrue daily and shall be payable upon such accrual.
(c) It is understood and agreed that, unless and until a Default shall have occurred and be continuing, Borrower the Borrowers shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agent, Borrower shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder.
Appears in 2 contracts
Samples: Loan and Security Agreement (American Home Mortgage Holdings Inc), Master Loan and Security Agreement (American Home Mortgage Holdings Inc)
Repayment of Loans; Interest. (a) Borrower The Borrowers hereby promises promise, jointly and severally, to repay in full in Dollars on the Maturity Date, Termination Date the then aggregate outstanding principal amount of the Loans then outstandingLoans.
(b) Borrower The Borrowers hereby promises promise, jointly and severally, to pay to Agent for the account of Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to but excluding the date such Loan shall be paid in full, at a rate per annum equal to the Contract RateEurodollar Rate plus the Applicable Margin; provided, that in no event shall such rate per annum exceed the maximum rate permitted by law. Notwithstanding the foregoing, at all times when an Event of Default existsthe Borrowers hereby promise, Borrower hereby promises jointly and severally, to pay to Agent for the account of Lender interest at the applicable Post-Default Rate on the entire outstanding any principal balance of the Loans any Loan and on any other amount payable by Borrower the Borrowers hereunder or under the NoteNote that shall not be paid in full when due (whether at stated maturity, by acceleration or by mandatory prepayment or otherwise) for the period from and including the due date thereof to but excluding the date the same is paid in full. Accrued interest on each Loan shall be payable monthly in arrears on the first fifth (1st5th) Business Day of each month and for the last month of the Loan Agreement on the Maturity fifth (5th) Business Day of such last month and on the Termination Date (each a “Remittance Date”); provided, that, Agent the Lender may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by Borrower the Borrowers on account of any of the Loans outstanding. Promptly after Interest payable at the determination of any interest rate provided for herein or any change therein, Agent Post-Default Rate shall endeavor to give notice thereof to Borroweraccrue daily and shall be payable upon such accrual.
(c) It is understood and agreed that, unless and until a Default or Event of Default shall have occurred and be continuing, Borrower the Borrowers shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agentthe Lender, Borrower the Borrowers shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunderhereunder to the Lender.
Appears in 2 contracts
Samples: Loan Agreement (Aames Investment Corp), Master Loan and Security Agreement (Aames Financial Corp/De)
Repayment of Loans; Interest. (a) Borrower The Borrowers hereby promises promise, jointly and severally, to repay in full in Dollars on the Maturity Termination Date, the aggregate principal amount of the Loans then outstanding.
(b) Borrower The Borrowers hereby promises promise, jointly and severally, to pay to the Agent for the account of the Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to to, but excluding excluding, the date such Loan shall be paid in full, at a rate per annum equal to the Contract Applicable Loan Rate. Notwithstanding the foregoing, at all times when an Event of Default exists, Borrower the Borrowers hereby promises promise to pay to the Agent for the account of the Lender interest at the applicable Post-Default Rate on the entire outstanding any principal balance of the Loans any Loan and on any other amount payable by Borrower the Borrowers hereunder or under any Note that shall not be paid in full when due (whether at stated maturity, by acceleration or by mandatory prepayment or otherwise) for the Noteperiod from and including the due date thereof to but excluding the date the same is paid in full. Interest shall accrue on the unpaid principal balance of each Loan on a daily basis. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) Business Day of each month and for the last month of the Loan Agreement on the Maturity first (1st) Business Day of such last month and on the Termination Date; provided, that, that the Agent may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by Borrower the Borrowers on account of any of the Loans outstanding. Promptly after Interest payable at the determination of any interest rate provided for herein or any change therein, Agent Post-Default Rate shall endeavor to give notice thereof to Borroweraccrue daily and shall be payable in accordance with the foregoing.
(c) It is understood and agreed that, unless and until a Default shall have occurred and be continuing, Borrower the Borrowers shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to the Agent, for the benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agent, Borrower shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder.
Appears in 1 contract
Samples: Master Loan and Security Agreement (New Century Financial Corp)
Repayment of Loans; Interest. (a) The Borrower hereby promises to repay in full in Dollars on the Maturity Date, Termination Date the then aggregate outstanding principal amount of the Loans then outstandingLoans.
(b) The Borrower hereby promises to pay to Agent for the account of Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to but excluding the date such Loan shall be paid in full, at a rate per annum equal to the Contract RateEurodollar Rate plus the Applicable Margin. ---- Notwithstanding the foregoing, at all times when an Event of Default exists, the Borrower hereby promises to pay to Agent for the account of Lender interest at the applicable Post-Default Rate on the entire outstanding any principal balance of the Loans any Loan and on any other amount payable by the Borrower hereunder or under the Note, that shall not be paid in full when due (whether at stated maturity, by acceleration or by mandatory prepayment or otherwise), for the period from and including the due date thereof to but excluding the date the same is paid in full. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) Business Day of each month and for the last month of the Loan Agreement on the Maturity first Business Day of such last month and on the Termination Date; provided, that, Agent may, in its sole discretion, require accrued except that interest to payable at the Post-Default Rate shall accrue daily and shall be paid simultaneously with any prepayment of principal made by Borrower on account of any of the Loans outstandingpayable upon such accrual. Promptly after the determination of any interest rate provided for herein or any change therein, Agent the Lender shall endeavor to give notice thereof to the Borrower.
(c) Following each Funding Date and from time to time (as further described in Section 11.15 hereof), the Lender shall have the right to perform a Due Diligence Review with respect to any or all of the Mortgage Loans. In the event that the Lender discovers any discrepancy between the information set forth on the Mortgage Loan Tape and the information discovered as a result of the Lender's Due Diligence Review (in each case, a "Discrepancy"), then the ----------- Lender shall give notice thereof to the Borrower and the Borrower shall promptly correct the information set forth on the related Mortgage Loan Tape. In the event that any Discrepancy affects the classification of a Mortgage Loan as an 'A' Credit Mortgage Loan, a 'B' Credit Mortgage Loan, a 'C' Credit Mortgage Loan, a First Lien Mortgage Loan or a Second Lien Mortgage Loan (in each case, a "Misclassified Mortgage Loan"), then the Lender shall recalculate the accrued --------------------------- interest on the Loans outstanding during the period of time during which such Misclassified Mortgage Loan was pledged to the Lender hereunder (in each case, an "Interest Recalculation"), using the Applicable Margin which would have been ---------------------- applied for the Loans then outstanding if such Misclassified Mortgage Loan had been properly classified. The Borrower shall promptly remit to the Lender the excess (if any) of the Interest Recalculation over the accrued interest previously calculated and paid by the Borrower for the affected period of time. The Lender shall promptly remit to the Borrower the excess (if any) of the accrued interest previously calculated and paid by the Borrower for the affected period of time over the Interest Recalculation.
(d) It is understood and agreed that, unless and until a Default shall have occurred and be continuing, the Borrower shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agent, Borrower shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Life Financial Corp)
Repayment of Loans; Interest. (a) Borrower hereby promises to repay in full in Dollars on the Maturity Termination Date the aggregate outstanding principal amount of the Loans; provided, however, in the event the Termination Date shall be extended to the date that is nine (9) months after the First Anniversary pursuant to the terms hereof, Borrower promises to repay such aggregate principal amount of the Loans outstanding on the First Anniversary by the payment on the first Business Day of each calendar month during the Amortization Period beginning with the first Business day of the first calendar month following the First Anniversary and on the Termination Date, as extended (each, an "Installment Date") of an amount equal to the quotient of (x) the aggregate principal amount of the Loans outstanding as at the First Anniversary divided by (y) nine (9) (such schedule of payments, the "Amortization Schedule"); provided, further, that in the event that Borrower shall repay any portion of the outstanding principal in an amount in excess of the amount then outstandingdue and payable in accordance with the Amortization Schedule, the Amortization Schedule shall be recalculated such that Borrower shall repay the principal amount of the Loans outstanding on the date of such repayment (after taking such repayment into account) by the payment on each Installment Date remaining in the Amortization Period of an amount equal to the quotient of (x) the aggregate principal amount of the Loans outstanding on the date of such repayment (after taking such repayment into account) divided by (y) the number of Installment Dates remaining during the Amortization Period. Any repayment of the principal of the Loans made by Borrower to Lender subsequent to an Installment Date shall be credited at the time of such payment and applied to the payment due on next succeeding Installment Date.
(b) Borrower hereby promises to pay to Agent for the account of Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to but excluding the date such Loan shall be paid in full, at a rate per annum equal to the Contract Rate. Notwithstanding Eurodollar Rate plus the foregoing, at all times when an Event of Default exists, Borrower hereby promises to pay to Agent for the account of Lender interest at the Default Rate on the entire outstanding principal balance of the Loans and on any other amount payable by Borrower hereunder or under the Note. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) Business Day of each month and on the Maturity Date; provided, that, Agent may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by Borrower on account of any of the Loans outstanding. Promptly after the determination of any interest rate provided for herein or any change therein, Agent shall endeavor to give notice thereof to Borrower.
(c) It is understood and agreed that, unless and until a Default shall have occurred and be continuing, Borrower shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agent, Borrower shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder.applicable
Appears in 1 contract
Repayment of Loans; Interest. (a) The Borrower hereby promises to repay in full in Dollars on cash the Maturity Date, the then aggregate outstanding principal amount of the Loans then outstandingon the Termination Date.
(b) The Borrower hereby promises to pay to Agent for the account of Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to but excluding the date such Loan shall be paid in full, at a rate per annum equal to the Contract RateEurodollar Rate plus the Applicable Margin stated in clause (a) of the definition of "Applicable Margin"; provided, that in no event shall such rate per annum exceed the maximum rate permitted by law. Notwithstanding the foregoing, at all times when upon the occurrence and during the continuance of an Event of Default existsApplicable Margin Increase Event, the Borrower hereby promises to pay to Agent for the account of Lender interest at a rate per annum equal to the Default Eurodollar Rate on plus the entire outstanding principal balance Applicable Margin stated in clause (b) of the Loans definition of "Applicable Margin" on any principal of any Loan and on any other amount payable by the Borrower hereunder or under the NoteNote that shall not be paid in full when due (whether at stated maturity, by acceleration or by mandatory prepayment or otherwise) for the period from and including the due date thereof to but excluding the date the same is paid in full. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) Business Day of each month Payment Date and on the Maturity Termination Date; provided, that, Agent the Lender may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by the Borrower on account of any of the Loans outstanding. Interest payable at the rate per annum equal to the Eurodollar Rate plus the Applicable Margin stated in clause (b) of the definition of "Applicable Margin" shall accrue daily and shall be payable upon such accrual. Promptly after the determination of any interest rate provided for herein or any change therein, Agent the Lender shall endeavor to give notice thereof to the Borrower.
(c) It is understood and agreed that, unless and until a Default shall have occurred and be continuing, Borrower shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agent, Borrower shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder.
Appears in 1 contract
Samples: Master Loan, Guarantee and Security Agreement (Northstar Realty)
Repayment of Loans; Interest. (a) Borrower The Borrowers hereby promises promise, jointly and severally, to repay in full in Dollars on the Maturity Date, Termination Date the then aggregate outstanding principal amount of the Loans then outstandingLoans.
(b) Borrower The Borrowers hereby promises promise, jointly and severally, to pay to Agent for the account of Lender Lenders interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to but excluding the date such Loan shall be paid in full, at a rate per annum equal to the Contract RateEurodollar Rate plus the Applicable Margin. Notwithstanding the foregoing, at all times when an Event of Default existsthe Borrowers hereby promise, Borrower hereby promises jointly and severally, to pay to Agent for the account of Lender Lenders interest at the applicable Post-Default Rate on the entire outstanding any principal balance of the Loans any Loan and on any other amount payable by Borrower the Borrowers hereunder or under the NoteNote that shall not be paid in full when due (whether at stated maturity, by acceleration or by mandatory prepayment or otherwise) for the period from and including the due date thereof to but excluding the date the same is paid in full. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) Business Day of each month and for the last month of the Loan Agreement on the Maturity first Business Day of such last month and on the Termination Date; provided, that, the Agent may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by Borrower the Borrowers on account of any of the Loans outstanding. Promptly after Interest payable at the determination of any interest rate provided for herein or any change therein, Agent Post-Default Rate shall endeavor to give notice thereof to Borroweraccrue daily and shall be payable upon such accrual.
(c) It is understood and agreed that, unless and until a Default or Event of Default shall have occurred and be continuing, Borrower the Borrowers shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to the Agent, for the ratable benefit of Lender the Lenders hereunder. At any time while a Default has occurred and is continuing, upon notice from Agentthe Lender, Borrower the Borrowers shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunderhereunder to the Lender.
Appears in 1 contract
Samples: Master Loan and Security Agreement (American Home Mortgage Investment Corp)
Repayment of Loans; Interest. (a) Borrower The Borrowers hereby promises promise, jointly and severally, to repay in full in Dollars on the Maturity Termination Date, the aggregate principal amount of the Loans then outstanding.
(b) Borrower The Borrowers hereby promises promise, jointly and severally, to pay to the Agent for the account of each Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to to, but excluding excluding, the date such Loan shall be paid in full, at a rate per annum equal to the Contract Applicable Loan Rate. Notwithstanding the foregoing, at all times when an Event of Default exists, Borrower the Borrowers hereby promises promise to pay to the Agent for the account of each Lender interest at the applicable Post-Default Rate on the entire outstanding any principal balance of the Loans any Loan and on any other amount payable by Borrower the Borrowers hereunder or under any Note that shall not be paid in full when due (whether at stated maturity, by acceleration or by mandatory prepayment or otherwise) for the Noteperiod from and including the due date thereof to but excluding the date the same is paid in full. Interest shall accrue on the unpaid principal balance of each Loan on a daily basis. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) Business Day of each month and for the last month of the Loan Agreement on the Maturity first (1st) Business Day of such last month and on the Termination Date; provided, that, that the Agent may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by Borrower the Borrowers on account of any of the Loans outstanding. Promptly after Interest payable at the determination of any interest rate provided for herein or any change therein, Agent Post-Default Rate shall endeavor to give notice thereof to Borroweraccrue daily and shall be payable in accordance with the foregoing.
(c) It is understood and agreed that, unless and until a Default shall have occurred and be continuing, Borrower the Borrowers shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to the Agent, for the ratable benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agent, Borrower shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender Lenders hereunder.
Appears in 1 contract
Repayment of Loans; Interest. (a) The Borrower hereby promises to repay in full in Dollars on the Maturity Date, Termination Date the then aggregate outstanding principal amount of the Loans then outstandingLoans.
(b) The Borrower hereby promises to pay to Agent for the account of Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan to but excluding the date such Loan shall be paid in full, at a rate per annum equal to the Contract RateEurodollar Rate PLUS the Applicable Margin. Notwithstanding the foregoing, at all times when an Event of Default exists, the Borrower hereby promises to pay to Agent for the account of Lender interest at the applicable Post-Default Rate on the entire outstanding any principal balance of the Loans any Loan and on any other amount payable by the Borrower hereunder or under the NoteNote that shall not be paid in full when due (whether at stated maturity, by acceleration or by mandatory prepayment or otherwise) for the period from and including the due date thereof to but excluding the date the same is paid in full. Accrued interest on each Loan shall be payable monthly in arrears on the first (1st) fifth Business Day of each month and for the last month of the Loan Agreement on the Maturity Datefifth Business Day of such last month and on the Termination Date (each a "REMITTANCE DATE"); provided, that, Agent the Lender may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by the Borrower on account of any of the Loans outstanding. Promptly after Interest payable at the determination of any interest rate provided for herein or any change therein, Agent Post-Default Rate shall endeavor to give notice thereof to Borroweraccrue daily and shall be payable upon such accrual.
(c) It is understood and agreed that, unless and until a Default or Event of Default shall have occurred and be continuing, the Borrower shall be entitled to the proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit of Lender hereunder. At any time while a Default has occurred and is continuing, upon notice from Agentthe Lender, the Borrower shall promptly deliver to Agent all proceeds of the Mortgage Loans and the Pledged Securities pledged to Agent, for the benefit Lender hereunder to the Lender. At any time while an Event of Default has occurred and is continuing the Borrower shall promptly deliver all proceeds of the Mortgage Loans pledged to the Lender hereunder.hereunder to the Lender
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Samples: Master Loan and Security Agreement (Aames Financial Corp/De)