Common use of Variable Advances; Amortization Clause in Contracts

Variable Advances; Amortization. The maturity date of each Variable Advance shall be specified by Borrower for such Variable Advance and shall be the earliest of (i) the Variable Facility Termination Date, (ii) (A) with respect to a Variable DMBS Advance, the maturity date of the applicable outstanding DMBS, or (B) with respect to a Variable Structured ARM Advance, the date that is no earlier than the date five (5) years after the Closing Date and no later than the date ten (10) years after the Closing Date, or (iii) such other maturity date referenced in any Variable Facility Note. Not less than thirty (30) Business Days prior to the maturity date of the applicable outstanding DMBS, the relevant Borrower may request that the Variable DMBS Advance backing the outstanding DMBS be (1) refinanced with a Rollover Variable Advance through the sale of a new DMBS using the DMBS Refinance Request Form (in the form attached to the applicable Variable Facility Note) which, shall take effect on the maturity date of the outstanding DMBS and shall be funded by the sale of a single DMBS, in an amount sufficient to fund the aggregate outstanding principal balance of such Variable DMBS Advance or (2) converted to a Fixed Advance which, shall take effect on the maturity date of the outstanding DMBS. No Borrower may refinance any Variable DMBS Advance on or after the Variable Facility Termination Date. The DMBS Issue Date shall be the first day of the month in which the DMBS is issued, and the maturity date of the DMBS funding each Variable DMBS Advance shall be specified by Borrower in its Advance Request, which date shall be three, six or nine full months after the DMBS Issue Date; provided, however, in connection with a release, an addition or a substitution of a Mortgaged Property and subject to Borrower’s payment to Lender of an administrative fee of $2,500, the maturity date of the DMBS funding a Variable DMBS Advance may be one or two full months after the DMBS Issue Date. For these purposes, a year shall be deemed to consist of twelve (12) 30-day months. For example, the date which completes three full months after September 1 shall be December 1; and the date which completes three full months after January 1 shall be April 1. The initial Variable Advance will require amortization calculated over the Amortization Period. Any Future Advances that are Variable Advances may be payable interest only, as determined by Lender. Amended and Restated Master Credit Facility Agreement EDR Credit Facility (2009 Additions)

Appears in 1 contract

Samples: Master Credit Facility Agreement (Education Realty Trust, Inc.)

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Variable Advances; Amortization. The maturity date of each Variable Advance shall be specified by Borrower for such Variable Advance and shall be the earliest earlier of (i) the Variable Facility Termination Date, (ii) (A) with respect to a Variable DMBS Advance, the maturity date of the applicable outstanding DMBS, or (B) with respect to a Variable Structured ARM Advance, the date that is no earlier than the date five (5) years after the Closing Date and no later than the date ten (10) years after the Closing Date, or (iii) such other maturity date referenced in any Variable Facility Note. The maturity date of any Variable Advance shall be specified by Borrower for such Variable Advance, provided that such maturity date shall be no earlier than the date that is the first day of the month following the date five (5) years after the Closing Date of such Variable Advance and not later than the Variable Facility Termination Date, except as permitted in Section 2.06. Not less than thirty (30) Business Days prior to the maturity date of the applicable outstanding DMBS, the relevant Borrower may request that the Variable DMBS Advance backing the outstanding DMBS be (1) refinanced with a Rollover Variable Advance through the sale of a new DMBS using the DMBS Refinance Request Form (in the form attached to the applicable Variable Facility Note) or converted to a Fixed Advance which, in each instance shall take effect on the maturity date of the outstanding DMBS and shall be funded by the sale of a single DMBS, in an amount sufficient to fund the aggregate outstanding principal balance of such Variable DMBS Advance or (2) converted to a Fixed Advance which, shall take effect on the maturity date of the outstanding DMBSAdvance. No Borrower may refinance any Variable DMBS Advance on or after the Variable Facility Termination Date. The DMBS Issue Date shall be the first day of the month in which the DMBS is issued, and the maturity date of the DMBS funding each Variable DMBS Advance shall be specified by Borrower in its Advance Request, which date shall be three, six or nine full months after the DMBS Issue Date; provided, however, in connection with a release, release or an addition or a substitution of a Mortgaged Property and subject to Borrower’s payment to Lender of an administrative fee of $2,5001,500, the maturity date of the DMBS funding a Variable DMBS Advance may shall be one or two full months after the DMBS Issue Date. For these purposes, a year shall be deemed to consist of twelve (12) 30-day months. For example, the date which completes three full months after September 1 shall be December 1; and the date which completes three full months after January 1 shall be April 1. The initial Variable Advance will require amortization calculated over the Amortization Period. Any Future Advances that are Indebtedness extended to Borrower hereunder through Variable Advances may be payable interest only, as determined by Lender. Amended and Restated Master Credit Facility Agreement EDR Credit Facility (2009 Additions)shall not require amortization.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Camden Property Trust)

Variable Advances; Amortization. The maturity date of each Variable Advance shall be specified by Borrower for such Variable Advance and shall be the earliest earlier of (i) the Variable Facility Termination Date, (ii) the maturity date of the applicable outstanding DMBS (A) with respect to a Variable DMBS Advance, the maturity date of the applicable outstanding DMBS, or (B) with respect to a Variable Structured ARM Advance, the date that is no earlier than the date five (5) years after the Closing Date and no later than the date ten (10) years after the Closing Date), or (iii) such other maturity date referenced in any Variable Facility Note. Subject to the terms of the preceding sentence, the maturity date of any Variable Advance shall be specified by Borrower for such Variable Advance, provided that such maturity date shall be no earlier than the date five (5) years after the Closing Date of such Variable Advance and no later than the date ten (10) years after the Closing Date of such Variable Advance, provided that no maturity date shall exceed the Variable Facility Termination Date. Not less than thirty (30) Business Days prior to the maturity date of the applicable outstanding DMBS, the relevant Borrower may request that the Variable DMBS Advance backing the outstanding DMBS be (1) refinanced with a Rollover Variable Advance through the sale of a new DMBS using the DMBS Refinance Request Form (in the form attached to the applicable Variable Facility Note) which, shall take effect on the maturity date of the outstanding DMBS and shall be funded by the sale of a single DMBS, in an amount sufficient to fund the aggregate outstanding principal balance of such Variable DMBS Advance or (2) converted to a Fixed Advance which, shall take effect on the maturity date of the outstanding DMBS. No Borrower may refinance any Variable DMBS Advance on or after the Variable Facility Termination Date. The DMBS Issue Date shall be the first day of the month in which the DMBS is issued, and the maturity date of the DMBS funding each Variable DMBS Advance shall be specified by Borrower in its Advance Request, which date shall be three, six or nine full months after the DMBS Issue Date; provided, however, in connection with a release, an addition or a substitution of a Mortgaged Property and subject to Borrower’s payment to Lender of an administrative fee of $2,500, the maturity date of the DMBS funding a Variable DMBS Advance may be one or two full months after the DMBS Issue Date. For these purposes, a year shall be deemed to consist of twelve (12) 30-day months. For example, the date which completes three full months after September 1 shall be December 1; and the date which completes three full months after January 1 shall be April 1. The initial Variable Advance will require amortization calculated over the Amortization Period. Any Future Advances that are Variable Advances may be payable interest only, as determined by in Lender. Amended ’s sole and Restated Master Credit Facility Agreement EDR Credit Facility (2009 Additions)absolute discretion.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Education Realty Trust, Inc.)

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Variable Advances; Amortization. The maturity date of each Variable Advance shall be specified by Borrower for such Variable Advance and shall be the earliest earlier of (i) the Variable Facility Termination Date, (ii) (A) with respect to a Variable DMBS Advance, the maturity date of the applicable outstanding DMBS, or (B) with respect to a Variable Structured ARM Advance, the date that is no earlier than the date five (5) years after the Closing Date and no later than the date ten (10) years after the Closing Date, or (iii) such other maturity date referenced in any Variable Facility Note. The maturity date of any Variable Advance shall be specified by Borrower for such Variable Advance, provided that such maturity date shall be no earlier than the date that is the first day of the month following the date five (5) years after the Closing Date of such Variable Advance and not later than the Variable Facility Termination Date, except as permitted in Section 2.06. Not less than thirty (30) Business Days prior to the maturity date of the applicable outstanding DMBS, the relevant Borrower may request that the Variable DMBS Advance backing the outstanding DMBS be (1) refinanced with a Rollover Variable Advance through the sale of a new DMBS using the DMBS Refinance Request Form (in the form attached to the applicable Variable Facility Note) or converted to a Fixed Advance which, in each instance shall take effect on the maturity date of the outstanding DMBS and shall be funded by the sale of a single DMBS, in an amount sufficient to fund the aggregate outstanding principal balance of such Variable DMBS Advance or (2) converted to a Fixed Advance which, shall take effect on the maturity date of the outstanding DMBSAdvance. No Borrower may refinance any Variable DMBS Advance on or after the Variable Facility Termination Date. The DMBS Issue Date shall be the first day of the month in which the DMBS is issued, and the maturity date of the DMBS funding each Variable DMBS Advance shall be specified by Borrower in its Advance Request, which date shall be three, six or nine full months after the DMBS Issue Date; provided, however, in connection with a release, release or an addition or a substitution of a Mortgaged Property and subject to Borrower’s payment to Lender of an administrative fee of $2,5001,500, the maturity date of the DMBS funding a Variable DMBS Advance may shall be one or two full months after the DMBS Issue Date. For these purposes, a year shall be deemed to consist of twelve (12) 30-day months. For example, the date which completes three full months after September 1 shall be December 1; and the date which completes three full months after January 1 shall be April 1. The initial Variable Advance will require amortization calculated over the Amortization Period. Any Future Advances that are Indebtedness extended to Borrower hereunder through Variable Advances may be payable interest only, as determined by Lender. Amended and Restated Master Credit Facility Agreement EDR Credit Facility (2009 Additions)shall not require amortization.

Appears in 1 contract

Samples: Master Credit Facility Agreement (Camden Property Trust)

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