Repayment of Loans; Interest. (a) The Borrower hereby promises to repay in full on the Termination Date the then aggregate outstanding principal amount of the Loans. (b) The Borrower hereby promises to pay to the Lender interest on the unpaid principal amount of each Loan for the period from and including the date such Loan is advanced to but excluding the date such Loan shall be paid in full, at a rate per annum (the "Interest Rate") equal to the Eurodollar Rate plus the Applicable Margin. Notwithstanding the foregoing, the Borrower hereby promises to pay to the Lender interest at the applicable Post-Default Rate on the principal amount of any Loan outstanding 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 on the first Business Day of each month and for the last month of the Loan Agreement on the first Business Day of such last month and on the Termination Date, except that interest payable at the Post-Default Rate 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, the Lender shall give notice thereof to the Borrower. The Lender shall, prior to each due date hereunder, deliver notice to the Borrower of the amount due on such due date together with the Lender's calculation thereof. (c) It is understood and agreed that, unless and until an Event of Default shall have occurred and be continuing, the Borrower shall be entitled to the proceeds of the Mortgage Loans pledged to the Lender hereunder.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Chastain Capital Corp)
Repayment of Loans; Interest. (a) The Borrower Borrowers hereby promises promise, jointly and severally, to repay in full in Dollars on the Termination Date Date, the then aggregate outstanding principal amount of the Loans.
(b) The Borrower Borrowers hereby promises promise, jointly and severally, to pay to the Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan is advanced to to, but excluding excluding, the date such Loan shall be paid in full, at a rate per annum (the "Interest Rate") equal to the Eurodollar Rate plus the Applicable MarginLoan Rate. Notwithstanding the foregoing, the Borrower Borrowers hereby promises promise to pay to the Lender interest at the applicable Post-Default Rate on the any principal amount of any Loan outstanding and on any other amount payable by the Borrower Borrowers 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. Interest shall accrue on the unpaid principal balance of each Loan on a daily basis. Accrued interest on each Loan shall be payable monthly on the first Business Day of each month and for the last month of the Loan Agreement on the first Business Day of such last month and on the Termination Date; provided, except that the Lender may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by the Borrowers on account of any of the Loans outstanding. Interest payable at the Post-Default Rate 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, the Lender shall give notice thereof to the Borrower. The Lender shall, prior to each due date hereunder, deliver notice to the Borrower of the amount due on such due date together in accordance with the Lender's calculation thereofforegoing.
(c) It is understood and agreed that, unless and until an Event of a Default shall have occurred and be continuing, the Borrower Borrowers shall be entitled to the proceeds of the Mortgage Loans pledged to the Lender hereunder.
Appears in 1 contract
Samples: Master Loan and Security Agreement (New Century Financial Corp)
Repayment of Loans; Interest. (a) The Borrower Borrowers hereby promises promise, jointly and severally, to repay in full on the Termination Date the then aggregate outstanding principal amount of the Loans.
(b) The Borrower Borrowers hereby promises promise, jointly and severally, to pay to the Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan is advanced to but excluding the date such Loan shall be paid in full, at a rate per annum (the "Interest Rate") equal to the Eurodollar Rate plus the Applicable Margin. Notwithstanding the foregoing, the Borrower Borrowers hereby promises promise, jointly and severally, to pay to the Lender interest at the applicable Post-Default Rate on the any principal amount of any Loan outstanding and on any other amount payable by the Borrower Borrowers 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 on the first fifth Business Day of each month and for the last month of the Loan Agreement on the first fifth Business Day of such last month and on the Termination Date (each a "Remittance Date"); provided, except that that, the Lender may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by the Borrowers on account of any of the Loans outstanding. Interest payable at the Post-Default Rate 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, the Lender shall give notice thereof to the Borrower. The Lender shall, prior to each due date hereunder, deliver notice to the Borrower of the amount due on such due date together with the Lender's calculation thereof.
(c) It is understood and agreed that, unless and until an a Default or Event of Default shall have occurred and be continuing, the Borrower Borrowers shall be entitled to the proceeds of the Mortgage Loans pledged to the Lender hereunder.. At any time while a Default has occurred and is continuing, upon notice from the Lender, the Borrowers shall promptly deliver all proceeds of the Mortgage Loans pledged to the Lender hereunder to the Lender. At any time while an Event of Default has occurred and is continuing the Borrowers shall promptly deliver all proceeds of the Mortgage Loans pledged to the Lender hereunder to the Lender
Appears in 1 contract
Samples: Master Loan and Security Agreement (Aames Financial Corp/De)
Repayment of Loans; Interest. (a) The Borrower Borrowers hereby promises promise, jointly and severally, to repay in full on the Termination Date the then aggregate outstanding principal amount of the Loans.
(b) The Borrower Borrowers hereby promises promise, jointly and severally, to pay to the Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan is advanced to but excluding the date such Loan shall be paid in full, at a rate per annum (the "Interest Rate") equal to the Eurodollar LIBOR 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, the Borrower Borrowers hereby promises promise, jointly and severally, to pay to the Lender interest at the applicable Post-Default Rate on the any principal amount of any Loan outstanding and on any other amount payable by the Borrower Borrowers hereunder or under the 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 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 on the first Business Day of each month and for the last month of the Loan this Agreement on the first Business Day of such last month and on the Termination Date; provided, except that that, the Lender may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by the Borrowers on account of any of the Loans outstanding. Interest payable at the Post-Default Rate 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, the Lender shall give notice thereof to the Borrower. The Lender shall, prior to each due date hereunder, deliver notice to the Borrower of the amount due on such due date together with the Lender's calculation thereofBorrowers.
(c) It is understood and agreed that, unless and until (i) an Event of Default shall have occurred and be continuingcontinuing or (ii) an Accelerated Amortization Event shall have occurred and be continuing , the Borrower Borrowers shall be entitled to the proceeds of the Mortgage Loans Unit Leases or Units pledged to the Lender hereunderhereunder subject to Section 2.07 and Section 6.10 of this Agreement.
Appears in 1 contract
Samples: Credit Agreement (Affordable Residential Communities Inc)
Repayment of Loans; Interest. (a) The Borrower Borrowers hereby promises promise to repay in full on the Termination Date the then aggregate outstanding principal amount of the Loans; provided, however, in the event the Termination Date shall be extended to April 15, 2006 pursuant to the terms hereof, Borrowers promise to repay such aggregate principal amount of the Loans outstanding on July 16, 2005 by the payment on the first Business Day of each calendar month during the Amortization Period beginning with August 1, 2005 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 July 16, 2005 divided by (y) nine (9) (such schedule of payments, the "Amortization Schedule"); provided, further, that in the event that Borrowers shall repay any portion of the outstanding principal in an amount in excess of the amount then due and payable in accordance with the Amortization Schedule, the Amortization Schedule shall be recalculated such that Borrowers 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 Borrowers 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) The Borrower Borrowers hereby promises promise to pay to the Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan is advanced to but excluding the date such Loan shall be paid in full, at a rate per annum (the "Interest Rate") equal to the Eurodollar Rate plus the Applicable Marginapplicable Eurodollar Rate Spread. Notwithstanding the foregoing, the Borrower Borrowers hereby promises promise to pay to Lender, to the Lender extent permitted by applicable law, interest at the applicable Post-Default Rate on the any principal amount of any Loan outstanding and on any other amount payable by the Borrower Borrowers 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 Payment and acceptance of interest on each Loan pursuant to this subsection shall be payable monthly on the first Business Day not constitute a waiver of each month and for the last month of the Loan Agreement on the first Business Day of such last month and on the Termination Date, except that interest payable at the Post-any Default Rate shall accrue daily and shall be payable upon such accrualnot otherwise limit or prejudice any right of Lender hereunder. Promptly after the determination of any interest rate provided for herein or any change therein, the In no event shall Lender shall give notice thereof to the Borrower. The Lender shall, prior to each due date hereunder, deliver notice to the Borrower of the amount due on such due date together with the Lender's calculation thereof.
(c) It is understood and agreed that, unless and until an Event of Default shall have occurred and be continuing, the Borrower shall be entitled to receive any proceeds received from any Collateral Obligor in connection with the proceeds of the Mortgage Loans pledged refinancing and/or final distribution to Lender with respect to any Eligible Collateral to the extent same exceeds the sums provided to be paid to Lender hereunderunder Section 7.l6 of this Loan Agreement.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Capital Trust Inc)
Repayment of Loans; Interest. (a) The Borrower hereby promises to repay in full on the Termination applicable Maturity Date the then aggregate outstanding principal amount of the related Loans.
(b) The Borrower hereby promises to pay to the Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan is advanced to but excluding the date such Loan shall be paid in full, at a rate per annum (the "Interest Rate") equal to the Eurodollar Rate plus the Applicable Margin. Notwithstanding the foregoing, the Borrower hereby promises to pay to the Lender interest at the applicable Post-Default Rate on the any principal amount of any Loan outstanding 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, if applicable, on the first second Business Day of each month and for the last month of the Loan Agreement on the first second Business Day of such last month and on the Termination related Maturity Date, except that interest payable at the Post-Default Rate 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, the Lender shall give notice thereof to the Borrower. The Lender shall, prior to each due date hereunder, deliver notice to the Borrower of the amount due on such due date together with the Lender's calculation thereof.
(c) It is understood and agreed that, unless and until an Event of a Default shall have occurred and be continuing, the Borrower shall be entitled to the proceeds of the Eligible Mortgage Loans pledged to the Lender hereunder.
(d) In addition to any other amounts payable hereunder, the Borrower shall pay a fee to the Lender on the Second Business Day of each month and the related Maturity Date when such interest would be due under Section 2.05(b) above equal to the imputed interest on that portion of any Loan requested by the Borrower pursuant to a Notice of Request for Borrowing which has been accepted by the Lender but has not been fully utilized by the Borrower. Such imputed accrued interest shall accrue at the Applicable Margin for the period of time from the proposed funding date specified in the Notice of Request for Borrowing until the earlier to occur of (x) the Maturity Date specified in the Notice of Request for Borrowing, and (y) the actual date the related Loan is fully utilized by the Borrower.
Appears in 1 contract
Samples: Master Loan and Security Agreement (BNC Mortgage Inc)
Repayment of Loans; Interest. Paragraph
(a) The of subsection 3.01 of the Original Loan and Security Agreement is hereby amended by the insertion immediately before the period at the end thereof of the following: "; provided, however, in the event the Termination Date shall be extended to April 1, 2001 pursuant to the terms hereof, Borrower hereby promises to repay in full on the Termination Date the then such aggregate outstanding principal amount of the Loans.
(b) The Borrower hereby promises to pay to the Lender interest Loans outstanding on the unpaid principal amount of each Loan for the period from and including the date such Loan is advanced to but excluding the date such Loan shall be paid in fullJune 30, at a rate per annum (the "Interest Rate") equal to the Eurodollar Rate plus the Applicable Margin. Notwithstanding the foregoing, the Borrower hereby promises to pay to the Lender interest at the applicable Post-Default Rate on the principal amount of any Loan outstanding and on any other amount payable 2000 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 payment on the first Business Day of each month and for during the last month of the Loan Agreement on the first Business Day of such last month and on Amortization Period beginning with August 1, 2000 (including the Termination Date, except that interest payable 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 June 30, 2000 divided by (y) the Post-Default Rate shall accrue daily and shall be payable upon number of Installment Dates during the Amortization Period (such accrual. Promptly after the determination schedule of any interest rate provided for herein or any change thereinpayments, the Lender "Amortization Schedule"); provided, further, that in the event that Borrower shall give notice thereof to repay any portion of the Borrower. The Lender shall, prior to each due date hereunder, deliver notice to the Borrower outstanding principal in an amount in excess of the amount then due on such due date together and payable in accordance with the Lender's calculation thereof.
(c) It is understood and agreed that, unless and until an Event of Default shall have occurred and be continuingAmortization Schedule, the Amortization Schedule shall be recalculated such that Borrower shall be entitled repay the principal amount of the Loans outstanding as at 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 proceeds quotient of (x) the aggregate principal amount of the Mortgage Loans pledged to outstanding as at the Lender hereunderdate of such repayment (after taking such repayment into account) divided by (y) the number of Installment Dates remaining during the Amortization Period."
Appears in 1 contract
Samples: Master Loan and Security Agreement (Capital Trust Inc)
Repayment of Loans; Interest. (a) The Borrower hereby promises to repay in full on the Termination Date Date, or in full or in part on the date of any required prepayment pursuant to Section 2.06(a), the then aggregate outstanding principal amount of the Loans.
(b) The Borrower hereby promises to pay to the Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan is advanced to but excluding the date such Loan shall be paid in full, at a rate per annum (the "Interest Rate") equal to the Eurodollar Rate plus PLUS the Applicable Margin. Notwithstanding the foregoing, the Borrower hereby promises to pay to the Lender interest at the applicable Post-Default Rate on the any principal amount of any Loan outstanding and on any other amount payable by the Borrower hereunder or under the Note 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 on the first Business Day of each month and for the last month of the Loan Agreement on the first Business Day of such last month and on the Termination Date, except that interest payable at the Post-Default Rate 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, the Lender shall give notice thereof to the Borrower. The Lender shall, prior to each due date hereunder, deliver notice to the Borrower of the amount due on such due date together with the Lender's calculation thereof.
(c) It is understood Following each Funding Date and agreed thatfrom time to time (as further described in Section 11.15 hereof), unless and until an Event of Default the Lender shall have occurred 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 be continuingthe 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 be entitled to promptly correct the proceeds information set forth on the related Mortgage Loan Tape. In the event that any Discrepancy affects the classification of a Mortgage Loan as a non-Delinquent Mortgage Loan or a Delinquent 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 Loans Loan was pledged to the Lender hereunderhereunder (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.
Appears in 1 contract
Repayment of Loans; Interest. (a) The Borrower Borrowers hereby promises promise to repay in full on the Termination Date the then aggregate outstanding principal amount of the Loans.
(b) The Borrower Borrowers hereby promises promise to pay to the Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan is advanced to but excluding the date such Loan shall be paid in full, at a rate per annum (the "Interest Rate") equal to the Eurodollar Rate plus the Applicable Margin. Notwithstanding the foregoing, the Borrower Borrowers hereby promises promise to pay to the Lender interest at the applicable Post-Default Rate on the any principal amount of any Loan outstanding 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 Business Day of each month and for the last month of the Loan Agreement on the first Business Day of date such last month and on the Termination DateLoan shall be repaid in full, except that interest payable at the Post-Default Rate 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, the Lender shall give notice thereof to the Borrower. The Lender shall, prior to each due date hereunder, deliver notice to the Borrower of the amount due on such due date together with the Lender's calculation thereofBorrowers.
(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 all cases, based upon the Underwriting Guidelines and the Borrower's credit classification criteria (in each case, a "Discrepancy"), then the Lender shall give notice thereof to the applicable Borrower and such 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 (in each case, a "Misclassified Mortgage Loan"), then such Mortgage Loan shall be re-classified.
(d) It is understood and agreed that, unless and until an Event of Default shall have occurred and be continuingcontinuing and Lender shall have exercised its remedies under Section 9(a) hereof, the Borrower shall be entitled to the proceeds of the Mortgage Loans Collateral pledged to the Lender hereunder.
Appears in 1 contract
Repayment of Loans; Interest. (a) The Borrower Borrowers hereby promises promise to repay in full on the Termination Date in cash the then aggregate outstanding principal amount of the LoansLoans on the Termination Date; provided, that any Dollar Equivalent Overadvance Loan shall be repaid in full in cash on the Dollar Equivalent Overadvance Maturity Date.
(b) The Borrower Borrowers hereby promises promise to pay to the Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan is advanced to but excluding the date such Loan shall be paid in full, at a rate per annum (the "Interest Rate") equal to the Eurodollar Eurocurrency Rate plus the Applicable Margin stated in 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, upon the Borrower occurrence and during the continuance of an Applicable Margin Increase Event, the Borrowers hereby promises promise to pay to the Lender interest at a rate per annum equal to the applicable Post-Default Eurocurrency Rate plus the Applicable Margin stated in the proviso to the definition of "Applicable Margin" on the any principal amount of any Loan outstanding and on any other amount payable by the a 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 on the first Business Day of each month and for the last month of the Loan Agreement on the first Business Day of such last month Payment Date and on the Termination Date, except that plus (in the case of a Eurocurrency Rate Loan which is lent from a lending office in the United Kingdom or a Participating Member State) the Mandatory Cost; provided, that, the Lender may, in its sole discretion, require accrued interest to be paid simultaneously with any prepayment of principal made by a Borrower on account of any of the Loans outstanding. Interest payable at the Post-Default rate per annum equal to the Eurocurrency Rate plus the Applicable Margin stated in the proviso to 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, the Lender shall give notice thereof to the Borrower. The Lender shall, prior to each due date hereunder, deliver notice to the Borrower of the amount due on such due date together with the Lender's calculation thereofAgent.
(c) It is understood and agreed that, unless and until an Event of Default shall have occurred and be continuing, the Borrower shall be entitled to the proceeds of the Mortgage Loans pledged to the Lender hereunder.
Appears in 1 contract
Repayment of Loans; Interest. (a) The Borrower hereby promises to repay in full on the Termination Date the then 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 due 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) The Borrower hereby promises to pay to the Lender interest on the unpaid principal amount of each Loan for the period from and including the date of such Loan is advanced to but excluding the date such Loan shall be paid in full, at a rate per annum (the "Interest Rate") equal to the Eurodollar Rate plus the Applicable Marginapplicable Eurodollar Rate Spread. Notwithstanding the foregoing, the Borrower hereby promises to pay to Lender, to the Lender extent permitted by applicable law, interest at the applicable Post-Default Rate on the any principal amount of any Loan outstanding 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 Payment and acceptance of interest on each Loan pursuant to this subsection shall be payable monthly on the first Business Day not constitute a waiver of each month and for the last month of the Loan Agreement on the first Business Day of such last month and on the Termination Date, except that interest payable at the Post-any Default Rate shall accrue daily and shall be payable upon such accrualnot otherwise limit or prejudice any right of Lender hereunder. Promptly after the determination of any interest rate provided for herein or any change therein, the In no event shall Lender shall give notice thereof to the Borrower. The Lender shall, prior to each due date hereunder, deliver notice to the Borrower of the amount due on such due date together with the Lender's calculation thereof.
(c) It is understood and agreed that, unless and until an Event of Default shall have occurred and be continuing, the Borrower shall be entitled to receive any proceeds received from any Collateral Obligor in connection with the proceeds of the Mortgage Loans pledged refinancing and/or final distribution to Lender with respect to any Eligible Collateral to the extent same exceeds the sums provided to be paid to Lender hereunderunder Section 7.l5 of this Loan Agreement.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Capital Trust Inc)