Single Disbursement to Borrower; Funding Date. Xxxxxxxx may request and receive only one (1) borrowing hereunder in respect of the Loan and any amount borrowed and repaid hereunder in respect of the Loan may not be reborrowed. Xxxxxxxx agrees to pay to Lender a fee (a “Ticking Fee”) equal to six percent (6%) per annum on the unfunded amount of the Loan during the period from and including the Closing Date to but excluding the earlier to occur of (i) the Funding Date and (ii) the Outside Funding Date. Accrued Ticking Fees shall be payable in arrears (i) on the last Business Day of each month, commencing on September 29, 2023, and (ii) on the earlier to occur of (i) the Funding Date and (ii) the Outside Funding Date. Ticking Fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day). Subject to the terms of this Section 2.1.2, Borrower shall have the right to request a single disbursement of the original principal amount of the Loan, upon not less than two (2) Business Days’ prior written notice to Xxxxxx and the satisfaction (or waiver in Xxxxxx’s sole discretion) of the following conditions precedent (collectively, the “Funding Conditions”):
Appears in 2 contracts
Samples: Loan Agreement (Net Lease Office Properties), Mezzanine Loan Agreement (Net Lease Office Properties)
Single Disbursement to Borrower; Funding Date. Xxxxxxxx Bxxxxxxx may request and receive only one (1) borrowing hereunder in respect of the Loan and any amount borrowed and repaid hereunder in respect of the Loan may not be reborrowed. Xxxxxxxx Bxxxxxxx agrees to pay to Lender a fee (a “Ticking Fee”) equal to six percent (6%) per annum on the unfunded amount of the Loan during the period from and including the Closing Date to but excluding the earlier to occur of (i) the Funding Date and (ii) the Outside Funding Date. Accrued Ticking Fees shall be payable in arrears (i) on the last Business Day of each month, commencing on September 29, 2023, and (ii) on the earlier to occur of (i) the Funding Date and (ii) the Outside Funding Date. Ticking Fees shall be computed on the basis of a year of 360 days and shall be payable for the actual number of days elapsed (including the first day but excluding the last day). Subject to the terms of this Section 2.1.2, Borrower shall have the right to request a single disbursement of the original principal amount of the Loan, upon not less than two (2) Business Days’ prior written notice to Xxxxxx Lxxxxx and the satisfaction (or waiver in XxxxxxLxxxxx’s sole discretion) of the following conditions precedent (collectively, the “Funding Conditions”):
Appears in 2 contracts
Samples: Mezzanine Loan Agreement (W. P. Carey Inc.), Loan Agreement (W. P. Carey Inc.)