Common use of The Warehousing Commitment Clause in Contracts

The Warehousing Commitment. On the terms and subject to the conditions and limitations of this Agreement, including Exhibit H, Lender agrees to make Warehousing Advances to Borrower from the Closing Date to the Business Day immediately preceding the Warehousing Maturity Date, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. The total aggregate principal amount of all Warehousing Advances outstanding at any one time may not exceed the Warehousing Commitment Amount. While a Default or Event of Default exists, Lender may refuse to make any additional Warehousing Advances to Borrower. Effective as of the Closing Date, all outstanding loans made under the Existing Agreement are deemed to be Warehousing Advances made under this Agreement. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and the Sublimit Note and for the performance of all of the Obligations. Warehousing Advances will be made to Cresleigh LLC, Cresleigh Bancorp or to Cresleigh Inc., as requested by Cresleigh LLC, Cresleigh Bancorp or Cresleigh Inc., respectively, will be deemed made to or for the benefit of Cresleigh LLC and Cresleigh Bancorp and Cresleigh Inc., jointly and severally, and each of Cresleigh LLC, Cresleigh Bancorp and Cresleigh, Inc. are obligated to repay any Warehousing Advances made to Cresleigh LLC, Cresleigh Bancorp or to Cresleigh Inc. under the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to any other Borrower, each Borrower agrees to the terms set forth in Exhibit I.

The Warehousing Commitment. On the terms and subject to the conditions and limitations of this Agreement, including Exhibit H, Lender agrees to make Warehousing Advances to Borrower from the Closing Date to the Business Day immediately preceding the Warehousing Maturity Date, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. The total aggregate principal amount of all Warehousing Advances outstanding at any one time may not exceed the Warehousing Commitment Amount. While a Default or Event of Default exists, Lender may refuse to make any additional Warehousing Advances to Borrower. Effective as of the Closing Date, all outstanding loans made under the Existing Agreement are deemed to be Warehousing Advances made under this Agreement. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and the Sublimit Note and for the performance of all of the Obligations. Warehousing Advances will be made either to Cresleigh LLC, Cresleigh Bancorp American Home or to Cresleigh Inc., Marina Mortgage as requested by Cresleigh LLCeither American Home or Marina Mortgage, Cresleigh Bancorp but each Warehousing Advance, whether made to American Home or Cresleigh Inc., respectivelyto Marina Mortgage, will be deemed made to or for the benefit of Cresleigh LLC American Home and Cresleigh Bancorp Marina Mortgage, and Cresleigh Inc.American Home and Marina Mortgage, jointly and severally, and each of Cresleigh LLC, Cresleigh Bancorp and Cresleigh, Inc. are obligated to repay any Warehousing Advances made to Cresleigh LLC, Cresleigh Bancorp American Home or to Cresleigh Inc. Marina Mortgage under the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to any the other Borrower, each Borrower agrees to the terms set forth in Exhibit I.J. If the initial Warehousing Advance has not been made within 15 days after the Closing Date, the Warehousing Commitment and Lender's obligation to make Warehousing Advances to Borrower under this Agreement will automatically terminate, and all Obligations (including any Obligations arising under Section 11.2) will automatically become due and payable, without presentment, demand or other Notice or requirements of any kind, all of which Borrower expressly waives.

The Warehousing Commitment. On (a) Subject to the terms and subject to the conditions and limitations of this AgreementAgreement and provided no Default or Event of Default has occurred and is continuing, including Exhibit H, the Lender agrees from time to time during the period from the Closing Date, to, but not including, the Warehousing Maturity Date, to make Warehousing Advances to Borrower from the Closing Date to Borrowers, provided the Business Day immediately preceding the Warehousing Maturity Date, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. The total aggregate principal amount of all Warehousing Advances outstanding at any one time may of all such Warehousing Advances shall not exceed the Warehousing Commitment Amount. While a Default or Event The obligation of Default exists, the Lender may refuse to make any additional Warehousing Advances hereunder up to Borrowerthe Warehousing Commitment Amount is hereinafter referred to as the "Warehousing Commitment." Within the Warehousing Commitment, the Borrowers may borrow, repay and reborrow. Effective as of On the Closing Date, the Lender shall, without further action by the Borrowers, make Warehousing Advances in an amount equal to the aggregate principal balance of all outstanding loans made pursuant to the Existing Warehousing Agreement, other than "P&I Advances" and "Working Capital Advances" (as defined therein), and shall apply such Warehousing Advances to repay such outstanding loans under the Existing Agreement are deemed to be Warehousing Advances made under this Agreement. All Warehousing Advances under this Agreement shall constitute a single indebtedness, and all of the Collateral is shall be security for the Warehousing Note and the Sublimit Promissory Note and for the performance of all of the Obligations. Warehousing Advances will shall be made either to Cresleigh LLC, Cresleigh Bancorp Washington or to Cresleigh Inc.Huntxxx, as xx shall be requested by Cresleigh LLCWashington or Huntxxx, Cresleigh Bancorp xxt each Warehousing Advance, whether made to Washington or Cresleigh Inc., respectively, will to Huntxxx xxxll be deemed made to or for the benefit of Cresleigh LLC Washington and Cresleigh Bancorp Huntxxx, and Cresleigh Inc.Washington and Huntxxx, jointly xxintly and severally, and each of Cresleigh LLC, Cresleigh Bancorp and Cresleigh, Inc. are shall be obligated to repay any Warehousing Advances made to Cresleigh LLC, Cresleigh Bancorp Washington or to Cresleigh Inc. under Huntxxx xxxer the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to any the other Borrower, each Borrower agrees to the terms set forth in Exhibit I.L attached hereto and made a part hereof.

The Warehousing Commitment. 1.1(a) On the terms and subject to the conditions and limitations of this Agreement, including Exhibit HC, Lender agrees Lenders agree to (a) continue Existing Warehousing Advances as Warehousing Advances under this Agreement (and hereafter to be referred to an treated as such), (b) make additional Warehousing Advances to GPF from the Closing Date to the last Business Day of the GPF Transition Period, and (c) make Warehousing Advances to Borrower W&D from the Closing Date to the Business Day immediately preceding the Warehousing Maturity Date, during which applicable period Borrower Borrowers may borrow, repay and reborrow in accordance with the provisions of this Agreement. The total Lenders have no obligation to make or maintain Warehousing Advances if, after giving effect to each requested Warehousing Advance, the aggregate outstanding principal amount of all Warehousing Advances outstanding at any one time may not would exceed the Warehousing Credit Limit. No Lender shall be obligated to make Warehousing Advances if, after giving effect to each requested Warehousing Advance, the aggregate outstanding principal amount of such Lender’s Warehousing Advances would exceed such Lender’s Warehousing Commitment Amount. While a Default or Event of Default exists, Lender Lenders may refuse to make any additional Warehousing Advances to Borrower. Effective as of the Closing Date, all outstanding loans made under the Existing Agreement are deemed to be Warehousing Advances made under this AgreementBorrowers. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and the Sublimit Note Notes and for the performance of all of the Obligations. Warehousing Advances . 1.1(b) On the Closing Date, the Credit Agent will be made to Cresleigh LLC, Cresleigh Bancorp or to Cresleigh Inc., as requested by Cresleigh LLC, Cresleigh Bancorp or Cresleigh Inc., respectively, will be deemed made to or for coordinate with the benefit of Cresleigh LLC and Cresleigh Bancorp and Cresleigh Inc., jointly and severallyLenders, and each the Lenders shall make, appropriate allocations, adjustments, and advances among themselves in order to properly reflect their respective Commitment Percentages of Cresleigh LLC, Cresleigh Bancorp and Cresleigh, Inc. are obligated to repay any Warehousing Advances made to Cresleigh LLC, Cresleigh Bancorp or to Cresleigh Inc. under the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to any other Borrower, each Borrower agrees to the terms set forth in Exhibit I.all Existing Agreement Obligations.

The Warehousing Commitment. 1.1(a) On the terms and subject to the conditions and limitations of this Agreement, including Exhibit HC, Lender agrees Lenders agree to make Warehousing Advances to Borrower from the Closing Date to the Business Day immediately preceding the Warehousing Maturity Date, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. The total Lenders have no obligation to make or maintain Warehousing Advances if, after giving effect to each requested Warehousing Advance, the aggregate outstanding principal amount of all Warehousing Advances outstanding at any one time may not would exceed the Warehousing Credit Limit, or if the outstanding amount of the Loan would exceed the Warehousing Collateral Value. No Lender shall be obligated to make Warehousing Advances if, after giving effect to each requested Warehousing Advance, the aggregate outstanding principal amount of such Lender’s Warehousing Advances would exceed such Lender’s Warehousing Commitment Amount. While a Default or Event of Default exists, Lender Lenders may refuse to make any additional Warehousing Advances to Borrower. Effective as of the Closing Date, all outstanding loans made under the Existing Agreement are deemed to be Warehousing Advances made under this Agreement. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and the Sublimit Note Notes and for the performance of all of the Obligations. . 1.1(b) On the Closing Date, the Credit Agent will coordinate with the Existing Lenders the repayment of the Existing Warehousing Advances will through Warehousing Advances to be made to Cresleigh LLC, Cresleigh Bancorp or to Cresleigh Inc., as requested by Cresleigh LLC, Cresleigh Bancorp or Cresleigh Inc., respectively, will be deemed made to or for Lenders on the benefit of Cresleigh LLC and Cresleigh Bancorp and Cresleigh Inc., jointly and severallyClosing Date, and each of Cresleigh LLC, Cresleigh Bancorp and Cresleigh, Inc. are obligated to Borrower will repay any Warehousing Advances made to Cresleigh LLC, Cresleigh Bancorp or to Cresleigh Inc. under the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to any other Borrower, each Borrower agrees directly to the Existing Lenders all other Existing Agreement Obligations (other than those which by their terms set forth in Exhibit I.survive the termination of the Existing Agreement and the lending commitments of the Existing Lenders thereunder.

The Warehousing Commitment. On the terms and subject to the conditions and limitations of this Agreement, including Exhibit H, Lender agrees to make Warehousing Advances to Borrower from the Closing Date to the Business Day immediately preceding the Warehousing Maturity Date, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. The total aggregate principal amount of all Lender has no obligation to make Warehousing Advances outstanding at any one time may not exceed in excess of the Warehousing Commitment Amount. While a Default or Event of Default exists, Lender may refuse to make any additional Warehousing Advances to Borrower. Effective as of the Closing Date, all outstanding loans made under the Existing Agreement are deemed to be the initial Warehousing Advances made under this Agreement. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and the Sublimit Note and for the performance of all of the Obligations. Warehousing Advances will be made either to Cresleigh First NLC LLC, Cresleigh Bancorp NLC, Inc. or to Cresleigh First NLC, Inc., as requested by Cresleigh either First NLC LLC, Cresleigh Bancorp NLC, Inc. or Cresleigh First NLC, Inc., respectively, will be deemed made to or for the benefit of Cresleigh LLC First NLC LLC, NLC, Inc. and Cresleigh Bancorp First NLC, Inc., and Cresleigh First NLC LLC, NLC, Inc. and First NLC, Inc., jointly and severally, and each of Cresleigh LLC, Cresleigh Bancorp and Cresleigh, Inc. are obligated to repay any Warehousing Advances made to Cresleigh First NLC LLC, Cresleigh Bancorp NLC, Inc. or to Cresleigh First NLC, Inc. under the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to any the other Borrower, each Borrower agrees to the terms set forth in Exhibit I.J.

The Warehousing Commitment. On the terms and subject to the conditions and limitations of this Agreement, including Exhibit H, Lender agrees to make Warehousing Advances to Borrower from the Closing Date to the Business Day immediately preceding the Warehousing Maturity Date, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. The total aggregate principal amount of all Warehousing Advances outstanding at any one time may not exceed the Warehousing Commitment Amount. While a Default or Event of Default exists, Lender may refuse to make any additional Warehousing Advances to Borrower. Effective as of the Closing Date, all outstanding loans made under the Existing Agreement are deemed to be Warehousing Advances made under this Agreement. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and the Sublimit Note and for the performance of all of the Obligations. Warehousing Advances will be made to Cresleigh LLCABMSI, Cresleigh Bancorp HACI or to Cresleigh Inc.ABCI, as requested by Cresleigh LLCABMSI, Cresleigh Bancorp HACI or Cresleigh Inc., respectivelyABCI, will be deemed made to or for the benefit of Cresleigh LLC ABMSI, HACI and Cresleigh Bancorp ABCI, and Cresleigh Inc.ABMSI, HACI and ABCI, jointly and severally, and each of Cresleigh LLC, Cresleigh Bancorp and Cresleigh, Inc. are obligated to repay any Warehousing Advances made to Cresleigh LLCABMSI, Cresleigh Bancorp HACI or to Cresleigh Inc. ABCI under the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to any the other Borrower, each Borrower agrees to the terms set forth in Exhibit I.J.

The Warehousing Commitment. On the terms and subject to the conditions and limitations of this Agreement, including Exhibit H, Lender agrees to make Warehousing Advances to Borrower from the Closing Date to the Business Day immediately preceding the Warehousing Maturity Date, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. The total aggregate principal amount of all Warehousing Advances outstanding at any one time may not exceed the Warehousing Commitment Amount. While a Default or Event of Default exists, Lender may refuse to make any additional Warehousing Advances to Borrower. Effective as of the Closing Date, all outstanding loans made under the Existing Agreement are deemed to be Warehousing Advances made under this Agreement. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and the Sublimit Note and for the performance of all of the Obligations. Warehousing Advances will be made to Cresleigh Oak Street LLC, Cresleigh Bancorp Oak Street of TN or to Cresleigh Oak Street Inc., as requested by Cresleigh Oak Street LLC, Cresleigh Bancorp Oak Street of TN or Cresleigh Oak Street Inc., respectively, will be deemed made to or for the benefit of Cresleigh Oak Street LLC and Cresleigh Bancorp Oak Street of TN and Cresleigh Oak Street Inc., jointly and severally, and each of Cresleigh Oak Street LLC, Cresleigh Bancorp Oak Street of TN and Cresleigh, Oak Street Inc. are obligated to repay any Warehousing Advances made to Cresleigh Oak Street LLC, Cresleigh Bancorp Oak Street of TN or to Cresleigh Oak Street Inc. under the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to any other Borrower, each Borrower agrees to the terms set forth in Exhibit I.

The Warehousing Commitment. On the terms and subject to the conditions and limitations of this Agreement, including Exhibit H, Lender agrees to make Warehousing Advances to Borrower from the Closing Date to the Business Day immediately preceding the Warehousing Maturity Date, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. The total aggregate principal amount of all Lender has no obligation to make Warehousing Advances outstanding at any one time may not exceed in excess of the Warehousing Commitment Amount. While a Default or Event of Default exists, Lender may refuse to make any additional Warehousing Advances to Borrower. , Effective as of the Closing Date, all outstanding loans made under the Existing Agreement are deemed to be the initial Warehousing Advances made under this Agreement. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and the Sublimit Note and for the performance of all of the Obligations. Warehousing Advances will be made either to Cresleigh LLC, Cresleigh Bancorp First NLC or to Cresleigh NLC, Inc., as requested by Cresleigh LLCeither First NLC or to NLC, Cresleigh Bancorp or Cresleigh Inc., respectively, will be deemed made to or for the benefit of Cresleigh LLC First NLC and Cresleigh Bancorp NLC, Inc., and Cresleigh First NLC and NLC, Inc., jointly and severally, and each of Cresleigh LLC, Cresleigh Bancorp and Cresleigh, Inc. are obligated to repay any Warehousing Advances made to Cresleigh LLC, Cresleigh Bancorp First NLC or to Cresleigh NLC, Inc. under the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to any the other Borrower, each Borrower agrees to the terms set forth in Exhibit I.J.

The Warehousing Commitment. (a) On the terms and subject to the conditions and limitations of this Agreement, including Exhibit HC, Lender agrees Lenders agree to make Warehousing Advances to Borrower from the Closing Date to the Business Day immediately preceding the Warehousing Maturity Date, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. The total Lenders have no obligation to make or maintain Warehousing Advances if, after giving effect to each requested Warehousing Advance, the aggregate outstanding principal amount of all Warehousing Advances outstanding at any one time may not would exceed the Warehousing Commitment Amount, or if the outstanding amount of the Loan would exceed the Warehousing Collateral Value. No Lender shall be obligated to make Warehousing Advances if, after giving effect to each requested Warehousing Advance, the aggregate outstanding principal amount of such Lender’s Warehousing Advances would exceed such Lender’s Warehousing Commitment Amount. While a Default or Event of Default exists, Lender Lenders may refuse to make any additional Warehousing Advances to Borrower. Effective as of the Closing Date, all outstanding loans made under the Existing Agreement are deemed to be Warehousing Advances made under this Agreement. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and the Sublimit Note Notes and for the performance of all of the Obligations. Warehousing Advances . (b) On or before the Closing Date, the Credit Agent and the Borrower will be made coordinate with Bank of America the regarding repayment of all amounts due and owing to Cresleigh LLC, Cresleigh Bancorp or to Cresleigh Inc., TD Bank as requested by Cresleigh LLC, Cresleigh Bancorp or Cresleigh Inc., respectively, will be deemed made to or for the benefit of Cresleigh LLC and Cresleigh Bancorp and Cresleigh Inc., jointly and severally, and each of Cresleigh LLC, Cresleigh Bancorp and Cresleigh, Inc. are obligated to repay any Warehousing Advances made to Cresleigh LLC, Cresleigh Bancorp or to Cresleigh Inc. a lender under the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to Bank of America Agented Credit Agreement and, in conjunction therewith, acknowledgment of the termination of the availability of any other Borrower, each Borrower agrees to further loans from TD Bank as a lender under the terms set forth in Exhibit I.Bank of America Agented Credit Agreement.

The Warehousing Commitment. On the terms and subject to the conditions and limitations of this Agreement, including Exhibit HLenders agree, Lender agrees severally and not jointly, to make Warehousing Advances to Borrower from the Closing Date to the Business Day immediately preceding the Warehousing Maturity Date, pro rata in accordance with their respective Percentage Shares, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. On the terms and subject to the conditions of this Agreement, RFC agrees to make RFC Direct Advances to Borrower from the Closing Date to the Business Day immediately preceding the Maturity Date, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. Effective as of the Closing Date, Lenders shall make Warehousing Advances and RFC shall make RFC Direct Advances in an amount equal to all loans outstanding under the Existing U.S. Home Agreement, and such Advances shall be applied by Credit Agent to repay such outstanding loans. In Credit Agent's discretion, Warehousing Advances and RFC Direct Advances may be made on or after June 30, 2001, against Eligible Assets previously financed under the Existing Universal Agreement, in connection with the repayment in full of Borrower's Debt under the Existing Universal Agreement. The total aggregate principal amount of all Warehousing Advances and Swingline Advances outstanding at any one time may not exceed the Warehousing Credit Limit, and the total aggregate principal amount of all RFC Direct Advances outstanding at any one time will not exceed the RFC Direct Commitment Amount. While a Default or Event of Default exists, Lender Lenders may refuse to make any additional Warehousing Advances and RFC may refuse to make additional RFC Direct Advances to Borrower. Effective as of the Closing Date, all outstanding loans made under the Existing Agreement are deemed to be Warehousing Advances made under this Agreement. All Warehousing Advances, RFC Direct Advances and Swingline Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and the Sublimit Note Notes and for the performance of all of the Obligations. Warehousing Advances will be made to Cresleigh LLC, Cresleigh Bancorp or to Cresleigh Inc., as requested by Cresleigh LLC, Cresleigh Bancorp or Cresleigh Inc., respectively, will be deemed made to or for the benefit of Cresleigh LLC and Cresleigh Bancorp and Cresleigh Inc., jointly and severally, and each of Cresleigh LLC, Cresleigh Bancorp and Cresleigh, Inc. are obligated to repay any Warehousing Advances made to Cresleigh LLC, Cresleigh Bancorp or to Cresleigh Inc. under the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to any other Borrower, each Borrower agrees to the terms set forth in Exhibit I..

The Warehousing Commitment. On the terms and subject to the conditions and limitations of this Agreement, including Exhibit H, Lender agrees to make Warehousing Advances to Borrower from the Closing Date to the Business Day immediately preceding the Warehousing Maturity Dateto, but not including, September 30, 2003, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. The total aggregate principal amount of all Warehousing Advances outstanding at any one time may not exceed the Warehousing Commitment Amount. While a Default or Event of Default exists, Lender may refuse to make any additional Warehousing Advances to Borrower. Effective as of the Closing Date, all outstanding loans made under the Existing Agreement are deemed to be Warehousing Advances made under this Agreement. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and the Sublimit Note and for the performance of all of the Obligations. Warehousing Advances will be made to Cresleigh LLCABMSI, Cresleigh Bancorp HACI or to Cresleigh Inc.ABCI, as requested by Cresleigh LLCABMSI, Cresleigh Bancorp HACI or Cresleigh Inc., respectivelyABCI, will be deemed made to or for the benefit of Cresleigh LLC ABMSI, HACI and Cresleigh Bancorp ABCI, and Cresleigh Inc.ABMSI, HACI and ABCI, jointly and severally, and each of Cresleigh LLC, Cresleigh Bancorp and Cresleigh, Inc. are obligated to repay any Warehousing Advances made to Cresleigh LLCABMSI, Cresleigh Bancorp HACI or to Cresleigh Inc. ABCI under the Warehousing Commitment. With respect to its obligation to repay Warehousing Advances made to any the other Borrower, each Borrower agrees to the terms set forth in Exhibit I.J.