Common use of The Variable Funding Notes Clause in Contracts

The Variable Funding Notes. (a) On the terms and conditions hereinafter set forth, the Sellers shall deliver a duly executed variable funding note (each such note, a “Variable Funding Note” or “VFN”), in substantially the form of Exhibit B-1 or B-2, as applicable, (i) on the Closing Date, to each Purchaser Agent at their respective addresses set forth on the signature pages of this Agreement, and (ii) on each date on which an Additional Purchaser purchases a Variable Funding Note, to the related Additional Agent at the address designated by such Additional Agent. Each Variable Funding Note shall evidence each Purchaser’s ratable share of the security interest in the Collateral granted pursuant to Section 9.1. Interest shall accrue, and each VFN shall be payable, as described herein. The VFN purchased by (1) WBNA shall be in the name of “Wachovia Capital Markets, LLC, as the WBNA Agent” and shall be in the face amount equal to $106,518,000 and otherwise duly completed, and (2) an Additional Purchaser shall be in the name of such Additional Purchaser and shall be in a face amount to be determined; provided, that the aggregate amount outstanding under all VFNs at any one time shall not exceed the Facility Amount.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

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The Variable Funding Notes. (a) On the terms and conditions hereinafter set forth, the Sellers Seller shall deliver a duly executed variable funding note (each such note, a “Variable Funding Note” or “VFN”), in substantially the form of Exhibit B-1 or B-2, as applicable, (i) on the Closing Date, to each the WBNA Agent and the Swingline Purchaser Agent at their respective addresses its address set forth on the signature pages of Annex A to this Agreement, and (ii) on each date on which an Additional additional Purchaser purchases a Variable Funding Note, to the related Additional additional Purchaser Agent at the address designated by such Additional additional Purchaser Agent. Each Variable Funding Note shall evidence each Purchaser’s ratable share of the security interest in the Collateral granted pursuant to Section 9.1. Interest shall accrue, and each VFN shall be payable, as described herein. The VFN purchased by (1a) WBNA shall be in the name of “Wachovia Capital Markets, LLC, as the WBNA Agent” and shall be in the face amount equal to $106,518,000 400,000,000 and otherwise duly completed, (b) the Swingline Purchaser shall be in the name of “Wachovia Bank, National Association, as the Swingline Purchaser” and be in a face amount equal to $25,000,000, and (2c) an Additional additional Purchaser shall be in the name of such Additional additional Purchaser and shall be in a face amount to be determined; provided, provided that the aggregate amount outstanding under all VFNs at any one time shall not exceed the Facility Amount.

Appears in 1 contract

Samples: Sale and Servicing Agreement (NewStar Financial, Inc.)

The Variable Funding Notes. (a) On the terms and conditions hereinafter set forth, the Sellers Seller shall deliver a duly executed variable funding note (each such note, a “Variable Funding Note” or “VFN”), in substantially the form of Exhibit B-1 or B-2, as applicable, (i) on the Closing Date, to each Purchaser Agent at their respective addresses set forth on the signature pages of this Agreement, and (ii) on each date on which an Additional Purchaser purchases a Variable Funding Note, to the related Additional Agent at the address designated by such Additional Agent. Each Variable Funding Note shall evidence each Purchaser’s ratable share of the security interest in the Collateral granted pursuant to Section 9.1. Interest shall accrue, and each VFN shall be payable, as described herein. The VFN purchased by (1) WBNA shall be in the name of “Wachovia Capital Markets, LLC, as the WBNA Agent” and shall be in the face amount equal to $106,518,000 100,000,000 and otherwise duly completed, and (2) an Additional Purchaser shall be in the name of such Additional Purchaser and shall be in a face amount to be determined; provided, that the aggregate amount outstanding under all VFNs at any one time shall not exceed the Facility Amount.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

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The Variable Funding Notes. (a) On the terms and conditions hereinafter set forth, the Sellers Seller shall deliver a duly executed variable funding note (each such note, a “Variable Funding Note” or “VFN”), in substantially the form of Exhibit B-1 or B-2, as applicable, (i) on the Closing Date, to each Purchaser Agent at their respective addresses set forth on the signature pages of this Agreement, and (ii) on each date on which an Additional Purchaser purchases a Variable Funding Note, to the related Additional Agent at the address designated by such Additional Agent. Each Variable Funding Note shall evidence each Purchaser’s ratable share of the security interest in the Collateral granted pursuant to Section 9.1. Interest shall accrue, and each VFN shall be payable, as described herein. The VFN purchased by (1) WBNA shall be in the name of “Wachovia Capital Markets, LLC, as the WBNA Agent” and shall be in the face amount equal to $106,518,000 90,000,000 and otherwise duly completed, and (2) an Additional Purchaser shall be in the name of such Additional Purchaser and shall be in a face amount to be determined; provided, that the aggregate amount outstanding under all VFNs at any one time shall not exceed the Facility Amount.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

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