Warehousing Advances Clause Samples

Warehousing Advances. Borrower may obtain a Warehousing Advance under this Agreement, by delivering to Credit Agent a completed and signed request for a Warehousing Advance on Credit Agent’s then current form (“Warehousing Advance Request”), not later than 3:00 p.m. on the Business Day before the Business Day on which Borrower desires the Warehousing Advance. Warehousing Advance Requests received by Credit Agent after 3:00 p.m. on a Business Day will be deemed received on the following Business Day, provided, however, on a case-by-case basis at the request of Borrower, the Credit Agent may, in its sole discretion (and without thereby establishing any course of dealing), extend such 3:00 p.m. cut-off time to a later time on the subject Business Day. Subject to the delivery of a Warehousing Advance Request and the satisfaction of the conditions set forth in Sections 5.1 and 5.2, Borrower may obtain a Warehousing Advance under this Agreement upon compliance with the procedures set forth in this Section and in the applicable Exhibit B, including delivery to Credit Agent of all Collateral Documents required to be delivered on the applicable dates specified in this Agreement for such delivery. Credit Agent’s current form of Warehousing Advance Request is set forth in Exhibit A. Upon not less than five (5) Business Days’ prior Notice to Borrower, Credit Agent may modify its form of Warehousing Advance Request and any other Exhibit or document referred to in this Section to conform to current legal requirements or Lender practices and, as so modified, those Exhibits and documents will become part of this Agreement.

Warehousing Advances. 2.3.1 To obtain a Warehousing Advance under this Agreement, a Borrower must deliver to Agent, not later than 1 Business Day before the Business Day on which such Borrower desires the Warehousing Advance, a completed and signed request for a Warehousing Advance ("Warehousing Advance Request"), on the then current form approved by Agent. 2.3.2 Subject to the delivery of a Warehousing Advance Request, and the satisfaction of the conditions set forth in Sections 5.1 and 5.2, a Borrower may obtain a Warehousing Advance under this Agreement upon compliance with the procedures set forth in this Section and in the applicable Exhibit B, including delivery to Agent of all required Collateral Documents. Agent's current forms of Warehousing Advance Request are set forth in Exhibit C. Upon not less than 3 Business Days' prior Notice to the Borrowers, Agent may modify its form of Warehousing Advance Request and any other Exhibit referred to in this Section to conform to current legal requirements or Agent or any Lender practices and, as so modified, those Exhibits will be deemed a part of this Agreement.

Warehousing Advances. (a) Borrower may from time to time deliver to Administrative Agent a completed request for approval on the then current form approved by the Administrative Agent (each, an “Approval Request”), no later than 11:00 a.m. on a Business Day that is at least ten (10) Business Days before the Business Day on which the Borrower desires the funding of a Warehousing Advance. The Approval Request must be accompanied by all applicable Credit Underwriting Documents, other than as specifically set forth in the Approval Request. The Credit Underwriting Documents not delivered with the Approval Request are referred to as the “Trailing Credit Underwriting Documents.” The Administrative Agent will attempt to, within the earlier to occur of (i) ten (10) Business Days after receipt of an Approval Request and all related Third Party Reports, and (ii) five (5) Business Days after receipt of all related applicable Credit Underwriting Documents, including without limitation, the Trailing Credit Underwriting Documents and any other supporting documents that Administrative Agent may request (such period, the “Initial Review Period”), complete a review and analysis of the foregoing materials other than the Third Party Reports and the Trailing Credit Underwriting Documents. If, based on such review, the Administrative Agent determines, in its sole discretion, that the subject proposed Mortgage Loan and related Property conform in all respects with the applicable requirements of this Agreement (except to the extent such determination requires a review of the related Third Party Reports and the Trailing Credit Underwriting Documents), and that, in the Administrative Agent’s sole discretion, subject to the Administrative Agent’s satisfaction, in its sole discretion, with the form, content, and substance of such Third Party Reports and the Trailing Credit Underwriting Documents, the Administrative Agent is prepared to accept the proposed Mortgage Loan as an Eligible Loan, the Administrative Agent will so notify the Borrower (such notice, a “Preliminary Approval”), and will promptly commence and as soon as reasonably practicable complete the review of such Third Party Reports and, when delivered, the Trailing Credit

Warehousing Advances. (1) AT LEAST 1 BUSINESS DAY PRIOR TO THE DATE OF THE WAREHOUSING ADVANCE: Credit Agent must receive the following: (a) Original or facsimile (with original to be forwarded via overnight delivery) of the signed Warehousing Advance Request (Exhibit A). (b) An Application for Insurance of Advance of Mortgage Proceeds (HUD Form 92403), signed by an authorized representative of HUD. (2) ON THE DAY OF THE WAREHOUSING ADVANCE: Credit Agent must receive evidence of the insurance coverage in an amount at least equal to the aggregate amount of all Warehousing Advances related to such Mortgage Loan (including the requested Warehousing Advance), with a copy of the title insurance policy endorsement immediately following closing. (3) ON THE FIRST BUSINESS DAY AFTER THE WAREHOUSING ADVANCE DATE: If a participation certificate has been issued in connection with a subsequent Warehousing Advance for an FHA Mortgage Loan, Credit Agent must receive (a) the original participation certificate evidencing one hundred percent (100%) of the undivided interests in the pool of Pledged Mortgages and (b) original signed stock/bond powers or equivalent assignments for the participation certificate issued from the Company to Credit Agent (or from the Investor to Credit Agent if the participation certificate was issued in the name of the Investor).

Warehousing Advances. Each Warehousing Advance shall be subject to the condition precedent that all conditions to closing the Facility were satisfied or waived on the Closing Date and to the further satisfaction of each of the following conditions precedent, unless specifically waived in writing by Agent (with the consent of the Requisite Lenders or all of the Lenders, as may be applicable) at or prior to the time of each such Warehousing Advance:

Warehousing Advances. Each of U.S. Bank, Comerica and -------------------- National City Bank shall make Warehousing advances on the Increase Date, as requested by the Agent, so that in outstanding Warehousing Advances are equal to its respective Commitment Percentage of all Warehousing Advances outstanding on the Increase Date. If the outstanding principal balance of all Warehousing Advances on the Reduction Date exceeds the sum of the Commitment Amounts, after giving effect to the termination of such temporary increases in the Commitment Amounts of U.S. Bank, Comerica, and National City Bank, the Borrower shall repay the Warehousing Advances in the amount of such excess on the first Business Day following the Reduction Date. Provided there is no Default or Event of Default or any other failure to satisfy the Date, the Agent shall request that each of the Lenders (other than U.S. Bank, Comerica, and National City Bank) make Warehousing Advances on the first Business Day following the Reduction Date in the amount, if any, required to increase its outstanding Warehousing Advances to its Commitment Percentage of all outstanding Warehousing Advances, and shall deliver the proceeds of such Warehousing Advances to the Agent; provided, -------- however, that should any Lender fail to make such Warehousing Advances on the ------- first Business Day following the Reduction Date, the Borrower shall repay the Warehousing Advances in the amount that such Lender failed to deliver to the Agent. The Agent shall distribute to U.S. Bank, Comerica, and National City Bank on the first Business Day following the Reduction Date, out of any payments made by the Borrower as set forth above and the proceeds of Warehousing Advances made by the other lenders as set forth above, the amount required to reduce U.S. Bank's, Comerica's, and National City Bank's outstanding Warehousing Advances to its respective Commitment Percentage of all outstanding Warehouse Advances.

Warehousing Advances. 7 3.2. Wet Settlement Advances........................................8 4.

Warehousing Advances. Each Warehousing Advance shall be subject to the condition precedent that all conditions to closing the Facility were satisfied or waived on the Closing Date and to the further satisfaction of each of the following conditions precedent, unless specifically waived in writing by Agent at or prior to the time of each such Warehousing Advance:

Warehousing Advances. 2.3.1 To obtain a Warehousing Advance under this Agreement, the Borrower must deliver to Agent, not later than 1 Business Day before the Business Day on which the Borrower desires the Warehousing Advance, a completed and signed request for a Warehousing Advance ("WAREHOUSING ADVANCE REQUEST"), on the then current form approved by Agent. 2.3.2 Subject to the delivery of a Warehousing Advance Request, and the satisfaction of the conditions set forth in Sections 5.1 and 5.2, the Borrower may obtain a Warehousing Advance under this Agreement upon compliance with the procedures set forth in this Section and in the applicable EXHIBIT B, including delivery to Agent of all required Collateral Documents. Agent's current forms of Warehousing Advance Request are set forth in EXHIBIT C. Upon not less than 3 Business Days' prior Notice to the Borrower, Agent may modify its form of Warehousing Advance Request and any other Exhibit referred to in this Section to conform to current Legal Requirements or Agent's or any Lender's practices and, as so modified, those Exhibits will be deemed a part of this Agreement.