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. Lender has no obligation to make Warehousing Advances 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. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and for the performance of all of the Obligations. If the initial Warehousing Advance has not been made within 90 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 kinds, all of which Borrower expressly waives.

Appears in 3 contracts

Samples: Warehousing Credit and Security Agreement (MortgageIT Holdings, Inc.), Warehousing Credit and Security Agreement (Mortgageit Holdings Inc), Warehousing Credit and Security Agreement (MortgageIT Holdings, Inc.)

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The Warehousing Commitment. On the terms and subject to the conditions and limitations of this Agreement, including Exhibit 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. Lender has no obligation to make Warehousing Advances 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. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and for the performance of all of the Obligations. If the initial Warehousing Advance has not been made within 90 days after the Closing Date, the Warehousing Commitment and Lender’s '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 kinds, all of which Borrower expressly waives.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (MortgageIT Holdings, Inc.)

The Warehousing Commitment. On the terms and subject to the conditions and limitations of this Agreement, including Exhibit H, Lender agrees Lenders agree, severally and not jointly, to make Warehousing Advances against Eligible Assets other than Third-Party Builder Construction Mortgage Loans and Unimproved Land Loans, to Borrower Borrowers 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 Borrowers may borrow, repay and reborrow in accordance with the provisions of this Agreement. Lender has Lenders and RFC have no obligation to make Warehousing Advances or Swingline Advances in an aggregate amount outstanding at any time in excess of the lesser of (a) the Warehousing Commitment AmountCredit Limit or (b) the Aggregate Warehousing Collateral Value. While a Default or Event of Default exists, Lender Lenders may refuse to make any additional Warehousing Advances to BorrowerBorrowers. Effective as of the Closing Date, all outstanding “Warehousing Advances” and “Swingline Advances” made under the Existing Agreement are deemed to be Warehousing Advances and Swingline Advances, as applicable, made under this Agreement and the Interest Rates and fees set forth in the Existing Agreement, or any separate letter agreement entered into under the Existing Agreement, will no longer apply. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and Swingline Note and for the performance of all of the Obligations. If the initial Warehousing Advance has not been made within 90 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 kinds, all of which Borrower expressly waives.

Appears in 1 contract

Samples: Credit and Security Agreement (Lennar Corp /New/)

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 Commitment Termination Date, during which period Borrower may borrow, repay and reborrow in accordance with the provisions of this Agreement. Lender has no obligation to make Warehousing Advances 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. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and for the performance of all of the Obligations. If Warehousing Advances will be made either to MMA, MTEI, Midland Mortgage, MMA Construction or MMA Capital, as requested by either MMA, MTEI, Midland Mortgage, MMA Construction or MMA Capital, but will be deemed made to or for the initial benefit of MMA and the requesting Borrower, and MMA and the requesting Borrower, jointly and severally, is obligated to repay each Warehousing Advance has not been Advances made within 90 days after the Closing Date, under the Warehousing Commitment and Lender’s Commitment. With respect to its obligation to make repay Warehousing Advances made to Borrower under this Agreement will automatically terminateany other Borrower, 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 kinds, all of which Borrower expressly waives.MMA agrees to the terms set forth in Exhibit J.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (Municipal Mortgage & Equity LLC)

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. Lender has Lenders have no obligation to make or maintain Warehousing Advances in excess if, after giving effect to each requested Warehousing Advance, the aggregate outstanding principal amount of all Warehousing Advances 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. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note Notes and for the performance of all of the Obligations. If the initial Warehousing Advance has not been made within 90 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 kinds, all of which Borrower expressly waives.

Appears in 1 contract

Samples: Mortgage Warehousing Credit and Security Agreement (Walker & Dunlop, Inc.)

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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. Lender has Lenders have no obligation to make or maintain Warehousing Advances in excess if, after giving effect to each requested Warehousing Advance, the aggregate outstanding principal amount of all Warehousing Advances 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. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note Notes and for the performance of all of the Obligations. If the initial Warehousing Advance has not been made within 90 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 kinds, all of which Borrower expressly waives.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (Walker & Dunlop, Inc.)

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. Lender has no obligation to make Warehousing Advances 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. All Warehousing Advances under this Agreement constitute a single indebtedness, and all of the Collateral is security for the Warehousing Note and for the performance of all of the Obligations. If the initial Warehousing Advance has not been made within 90 days after the Closing Date, the Warehousing Commitment and Lender’s '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 kinds, all of which Borrower expressly waives.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (MortgageIT Holdings, Inc.)

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