Common use of Warehousing Commitment Fees Clause in Contracts

Warehousing Commitment Fees. Borrower must pay Lender a fee (“Warehousing Commitment Fee”) in the amount set forth in Exhibit I. The Warehousing Commitment Fee is payable quarterly in advance. On the Closing Date, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the Closing Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s invoice or, if applicable, within 2 days after the date of Lender’s account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Warehousing Commitment Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. Lender’s determination of the Warehousing Commitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 4 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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Warehousing Commitment Fees. Borrower Borrowers must pay Lender each Lender, through Credit Agent, a fee ("Warehousing Commitment Fee") in the amount set forth in Exhibit I. of 0.125% per annum of the amount of such Lender's Warehousing Commitment Amount. The Warehousing Commitment Fee is payable quarterly in advance. Credit Agent computes the Warehousing Commitment Fee on the basis of the actual number of days in each Calendar Quarter and a year of 360 days. On the Closing Date, Borrower Borrowers must pay the prorated portion of the Warehousing Commitment Fee due from the Closing Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower Borrowers must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s Credit Agent's invoice or, if applicable, within 2 days after the date of Lender’s Credit Agent's account analysis statement. If any Lender increases its Warehousing Commitment Amount, or if an Additional Lender becomes a party hereto, during any Calendar Quarter, Borrowers shall pay the prorated portion of the Warehousing Commitment Fee on the amount of such increase or the amount of such Additional Lender's Warehousing Commitment Amount from the effective date thereof to the last day of the current Calendar Quarter. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower Borrowers must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that date. Borrower is Borrowers are not entitled to a reduction in the amount of the Warehousing Commitment Fee if (a) the Warehousing Commitment Amount is Amounts are reduced or (b) the Warehousing Commitment is terminated at the request of Borrower Borrowers or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower Borrowers or as a result of an Event of Default, Borrower Borrowers must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount Amounts in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. Lender’s Credit Agent's determination of the Warehousing Commitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 2 contracts

Samples: American Home Mortgage Investment Corp, American Home Mortgage Investment Corp

Warehousing Commitment Fees. Borrower Borrowers must pay Lender a to each Lender, through Credit Agent, an annual non-refundable fee (“Warehousing Commitment Fee”) in the amount set forth in Exhibit I. The Warehousing Commitment Fee is payable quarterly in advance. On advance on the Closing Date and on each anniversary of the Closing Date. If any Lender increases its Warehousing Commitment Amount, Borrower must or if the Warehousing Credit Limit is increased by an Additional Lender becoming a party to this Agreement, Borrowers will pay the prorated portion of the applicable Warehousing Commitment Fee due on the amount of such increase or the amount of such Additional Lender’s Warehousing Commitment Amount from the Closing effective date of such increase to the Warehousing Maturity Date. If, at any time, the Warehousing Maturity Date of any Commitment is extended, Borrowers will pay an additional Warehousing Commitment Fee in the prorated amount determined pursuant to the calculations set forth in Exhibit I from the day after the original Warehousing Maturity Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s invoice or, if applicable, within 2 days after the date of Lender’s account analysis statement. If the date set forth in clause (a) of the definition of extended Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that dateDate. Borrower is Borrowers are not entitled to a reduction in the amount of the Warehousing Commitment Comitment Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower Borrowers or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. LenderCredit Agent’s determination of the Warehousing Commitment Comitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 2 contracts

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

Warehousing Commitment Fees. Borrower must pay Lender each Lender, through Credit Agent, a fee ("Warehousing Commitment Fee") in the amount set forth in Exhibit I. of 0.125% per annum of the amount of such Lender's Warehousing Commitment Amount. The Warehousing Commitment Fee is payable quarterly in advance. Credit Agent computes the Warehousing Commitment Fee on the basis of the actual number of days in each Calendar Quarter and a year of 360 days. On the Closing Date, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the Closing Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 10 days after the date of Lender’s Credit Agent's invoice or, if applicable, within 2 days after the date of Lender’s or account analysis statement. If any Lender increases its Warehousing Commitment Amount, or if an Additional Lender becomes a party hereto, during any Calendar Quarter, Borrower shall pay the Warehousing Commitment Fee on the amount of such increase or the amount of such Additional Lender's Warehousing Commitment Amount from the effective date thereof to the last day of the current Calendar Quarter. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Warehousing Commitment Fee if (a) the Warehousing Commitment Amount is Amounts are reduced or (b) the Warehousing Commitment is Commitments are terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates Commitments terminate at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount Amounts in effect immediately prior to termination, for the period from the first day of the first month following the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such terminationDate. Lender’s Credit Agent's determination of the Warehousing Commitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 1 contract

Samples: Loan and Security Agreement (American Home Mortgage Holdings Inc)

Warehousing Commitment Fees. Borrower must pay Lender a fee ("Warehousing Commitment Fee") in the amount set forth in Exhibit I. of 0.125% per annum of the Warehousing Commitment Amount. The Warehousing Commitment Fee is payable quarterly in advance. Lender computes the Warehousing Commitment Fee on the basis of the actual number of days in each Calendar Quarter and a year of 360 days. On the Closing Date, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the Closing Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s 's invoice or, if applicable, within 2 days after the date of Lender’s 's account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Warehousing Commitment Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. Lender’s 's determination of the Warehousing Commitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 1 contract

Samples: Gmac Residential Funding (American Business Financial Services Inc /De/)

Warehousing Commitment Fees. Borrower must pay Lender a fee (“Warehousing Commitment Fee”) in the amount set forth in Exhibit I. of 0.2% per annum of the Warehousing Commitment Amount. The Warehousing Commitment Fee is payable quarterly in advance. Lender computes the Warehousing Commitment Fee on the basis of the actual number of days in each Calendar Quarter and a year of 360 days. On the Closing Date, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the Closing Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s invoice or, if applicable, within 2 days after the date of Lender’s account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Warehousing Commitment Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. Lender’s determination of the Warehousing Commitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 1 contract

Samples: Credit and Security Agreement (Homebanc Corp)

Warehousing Commitment Fees. Borrower must pay Lender a fee ("Warehousing Commitment Fee") in the amount set forth in Exhibit I. of 0.125% per annum on $100,000,000 of the Warehousing Commitment Amount. The Warehousing Commitment Fee is payable quarterly in advance. Lender computes the Warehousing Commitment Fee on the basis of the actual number of days in each Calendar Quarter and a year of 360 days. Should Borrower use in excess of $100,000,000 of the Warehousing Commitment Amount, Borrower will pay a Warehousing Commitment Fee of 0.125% on the actual amount used monthly in arrears. On the Closing Date, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the Closing Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s 's invoice or, if applicable, within 2 days after the date of Lender’s 's account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Warehousing Commitment Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. Lender’s 's determination of the Warehousing Commitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 1 contract

Samples: Gmac Residential Funding (Oak Street Financial Services Inc)

Warehousing Commitment Fees. Borrower Borrowers must pay Lender a each Lender, through Credit Agent, an annual non-refundable fee (“Warehousing Commitment Fee”) in the amount set forth in Exhibit I. The Warehousing Commitment Fee is payable quarterly in advance. On advance on the Closing Date and on each anniversary of the Closing Date. If any Lender increases its Warehousing Commitment Amount, Borrower must if the Warehousing Credit Limit is increased by an Additional Lender becoming a party to this Agreement, or if RFC increases the RFC Direct Commitment Amount, Borrowers will pay the prorated portion of the applicable Commitment Fee on the amount of such increase or the amount of such Additional Lender’s Warehousing Commitment Amount from the effective date of such increase to the applicable Maturity Date. If, at any time, the Warehousing Maturity Date of any Commitment is extended, Borrowers will pay an additional Warehousing Commitment Fee due in the prorated amount determined pursuant to the calculations set forth in Exhibit I from the Closing day after the original Warehousing Maturity Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s invoice or, if applicable, within 2 days after the date of Lender’s account analysis statement. If the date set forth in clause (a) of the definition of extended Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that dateDate. Borrower is Borrowers are not entitled to a reduction in the amount of the Warehousing Commitment Comitment Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower Borrowers or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. LenderCredit Agent’s determination of the Warehousing Commitment Comitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 1 contract

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

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Warehousing Commitment Fees. Borrower Borrowers must pay Lender a to each Lender, through Credit Agent, an annual non-refundable fee (“Warehousing Commitment Fee”) in the amount set forth in Exhibit I. The Warehousing Commitment Fee is payable quarterly in advance. On advance on the Closing Date and on each anniversary of the Closing Date. If any Lender increases its Warehousing Commitment Amount, Borrower must if the Warehousing Credit Limit is increased by an Additional Lender becoming a party to this Agreement, if RFC and WaMu increase the RFC/WaMu Commitment Amount or if RFC increases the RFC Direct Commitment Amount, Borrowers will pay the prorated portion of the applicable Warehousing Commitment Fee due on the amount of such increase or the amount of such Additional Lender’s Warehousing Commitment Amount from the Closing effective date of such increase to the Warehousing Maturity Date. If, at any time, the Warehousing Maturity Date of any Commitment is extended, Borrowers will pay an additional Warehousing Commitment Fee in the prorated amount determined pursuant to the calculations set forth in Exhibit I from the day after the original Warehousing Maturity Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s invoice or, if applicable, within 2 days after the date of Lender’s account analysis statement. If the date set forth in clause (a) of the definition of extended Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that dateDate. Borrower is Borrowers are not entitled to a reduction in the amount of the Warehousing Commitment Comitment Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower Borrowers or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. LenderCredit Agent’s determination of the Warehousing Commitment Comitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 1 contract

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

Warehousing Commitment Fees. Borrower must pay Lender a fee ("Warehousing Commitment Fee") in the amount set forth in Exhibit I. J. The Warehousing Commitment Fee is payable quarterly in advance. On the Closing Date, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the Closing Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s 's invoice or, if applicable, within 2 days after the date of Lender’s 's account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Warehousing Commitment Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. Lender’s 's determination of the Warehousing Commitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 1 contract

Samples: Credit and Security Agreement (Oak Street Financial Services Inc)

Warehousing Commitment Fees. Borrower must pay Lender a fee ("Warehousing Commitment Fee") in the amount set forth in Exhibit I. The Warehousing Commitment Fee is payable quarterly in advance. On the Closing Date, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the Closing Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s 's invoice or, if applicable, within 2 days after the date of Lender’s 's account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Warehousing Commitment Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. Lender’s 's determination of the Warehousing Commitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 1 contract

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

Warehousing Commitment Fees. Borrower must pay Lender a fee ("Warehousing Commitment Fee") in the amount set forth in Exhibit I. of 0.125% per annum on $125,000,000 of the Warehousing Commitment Amount. The Warehousing Commitment Fee is payable quarterly in advance. Lender computes the Warehousing Commitment Fee on the basis of the actual number of days in each Calendar Quarter and a year of 360 days. On the Closing Date, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the Closing Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s 's invoice or, if applicable, within 2 days after the date of Lender’s 's account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Warehousing Commitment Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. Lender’s 's determination of the Warehousing Commitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 1 contract

Samples: Warehousing Credit and Security Agreement (Oak Street Financial Services Inc)

Warehousing Commitment Fees. Borrower must pay Lender a fee (“Warehousing Commitment Fee”"WAREHOUSING COMMITMENT FEE") in the amount set forth in Exhibit EXHIBIT I. The Warehousing Commitment Fee is payable quarterly in advance. On the Closing Date, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the Closing Date to the last day of the current Calendar Quarter. After the Closing Date, Borrower must pay the Warehousing Commitment Fee within 9 days after the date of Lender’s 's invoice or, if applicable, within 2 days after the date of Lender’s 's account analysis statement. If the date set forth in clause (a) of the definition of Warehousing Maturity Date occurs on a day other than the last day of a Calendar Quarter, Borrower must pay the prorated portion of the Warehousing Commitment Fee due from the beginning of the then current Calendar Quarter to and including that date. Borrower is not entitled to a reduction in the amount of the Warehousing Commitment Fee if (a) the Warehousing Commitment Amount is reduced or (b) the Warehousing Commitment is terminated at the request of Borrower or as a result of an Event of Default. If the Warehousing Commitment terminates at the request of Borrower or as a result of an Event of Default, Borrower must pay, on the date of termination, a Warehousing Commitment Fee on the Warehousing Commitment Amount in effect immediately prior to termination, for the period from the date of termination to and including the date set forth in clause (a) of the definition of Warehousing Maturity Date on the date of such termination. Lender’s 's determination of the Warehousing Commitment Fee for any period is conclusive and binding, absent manifest error.

Appears in 1 contract

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

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