Assigned Loan. A Loan originated by a Person other than the Originator or any other Subsidiary of CapitalSource Inc. in which a constant percentage interest has been assigned to the Originator by such Person in accordance with the Credit and Collection Policy and (i) such transaction has been fully consummated prior to such Loan becoming part of the Collateral hereunder, (ii) the Originator is a party to a credit agreement and/or an assignment agreement and a promissory note or a loan register, as applicable, with the Obligor with respect to such Loan, and (iii) the agent receives payment directly from the Obligor thereof on behalf of each lender that has been assigned a percentage interest in such Loan.
Assigned Loan means a Loan originated by a Person other than the Originator in which a constant percentage interest has been assigned to the Originator by such Person in accordance with the Credit and Collection Policy and (a) such transaction has been fully consummated prior to such Loan becoming part of the Loan Pool, (b) the Originator is a party to the underlying loan documents, (c) upon the sale of the Underlying Notes under the Transfer and Servicing Agreements to the Issuer, such Underlying Notes will be endorsed to and held by the Indenture Trustee, (d) the Issuer, as assignee of the Underlying Notes, will have all of the rights (but none of the obligations) of the Originator with respect to such Underlying Notes and the Originator's right, title and interest in and to the Collateral, (e) the Underlying Notes are secured by an undivided interest in the Collateral that also secures and is shared by, on a pro rata basis, all other holders of such Obligor's notes of equal priority, and (f) the agent bank receives payment directly from the Obligor thereof on behalf of each lender that has been assigned a percentage interest in such Loan.
Examples of Assigned Loan in a sentence
Such written notification from the Master Servicer shall include the loan number, prepayment penalty code and prepayment penalty amount as calculated by the Master Servicer or the Verification Agent, as applicable, of each Assigned Loan for which there is a discrepancy.
Assignor hereby assigns and sells to Assignee all of the rights of Assignor under the Loan Agreement in and to the Assigned Loan and Commitment, and Assignee hereby accepts such assignment from Assignor and assumes all of the obligations of Assignor under the Loan Agreement with respect to the Assigned Loan and Commitment.
Assignor represents and warrants that it (x) owns the Assigned Loan and Commitment free and clear of all liens and other encumbrances and (y) is legally authorized to enter into and perform this Agreement.
In addition to the foregoing, in the event that a breach of any representation of the Company materially and adversely affects the interests of the Assignor in any prepayment penalty or the collectability of such prepayment penalty, the Company shall pay the amount of the scheduled prepayment penalty to the Assignor upon the payoff of any related Assigned Loan.
As consideration for the assignment and sale contemplated in Section 1 hereof, Assignee shall pay to Assignor on the date hereof, in immediately available funds, an amount equal to the outstanding principal amount under the Assigned Loan and Commitment recited in paragraph 4 of the Preliminary Statement above.
More Definitions of Assigned Loan
Assigned Loan. A Loan originated by a Person other than the applicable Originator or any other Subsidiary of CapitalSource Inc. in compliance with Section 2.21 in which a constant percentage interest has been assigned to such Originator by such Person in accordance with the Credit and Collection Policy and (i) such transaction has been fully consummated prior to such Loan becoming part of the Collateral hereunder, (ii) no later than 30 days after the Closing Date, the applicable Originator is a party to a credit agreement and/or an assignment agreement and a promissory note or loan register, as applicable, with the Obligor with respect to such Loan and (iii) the agent receives payment directly from the Obligor thereof on behalf of each lender that has been assigned a percentage interest in such Loan.
Assigned Loan means a loan made to a Transferee Participant by a Prior Plan represented by a promissory note or other evidence of indebtedness and any and all security for such loan which was transferred directly to the Trustee of this Plan by the trustee of such other Prior Plan as part of the transfer of such Prior Plan’s assets.
Assigned Loan means a Loan originated by a Person other than a Subsidiary of the Initial Borrower and in which a constant percentage has been assigned to any Pledgor in accordance with the Credit and Collection Policy.
Assigned Loan means a Loan originated by a Person other than the Originator in which a constant percentage interest has been assigned to the Originator by such Person in accordance with the Credit and Collection Policy and (a) such transaction has been fully consummated prior to such Loan becoming part of the Loan Pool, (b) the Originator is a party to the underlying loan documents, (c) upon the sale of the Loan under the Transfer and Servicing Agreements to the Issuer, any Underlying Notes will be endorsed to and held by the Indenture Trustee, (d) the Issuer, as assignee of the Loan, will have all of the rights (but none of the obligations) of the Originator with respect to such Loan and the Originator’s right, title and interest in and to the Collateral, (e) the Loan is secured by an undivided interest in the Collateral that also secures and is shared by, on a pro rata basis, all other holders of such Obligor’s indebtedness of equal priority, and (f) the agent bank receives payment directly from the Obligor thereof on behalf of each lender that has been assigned a percentage interest in such Loan.
Assigned Loan means a Loan originated by a Person other than the Originator in which a constant percentage interest has been assigned to the Originator by such Person in accordance with the Credit and Collection Policy and (a) such transaction has been fully consummated prior to such Loan becoming part of the Loan Pool, (b) the Originator is a party to the underlying loan documents, (c) the Issuer, as assignee of the Loan, will have all of the rights (but none of the obligations) of the Originator with respect to such Loan and the Originator’s right, title and interest in and to the Related Property, and (d) the agent bank receives payment directly from the Obligor thereof on behalf of each lender that has been assigned a percentage interest in such Loan.
Assigned Loan. A Loan (other than an Agented Loan) originated by a Person other than the Originator in which a constant percentage interest has been assigned to the Originator by such Person in accordance with the Credit and Collection Policy and (i) the transaction has been fully consummated prior to such Loan becoming part of the Collateral hereunder, (ii) the Originator is a party to a credit agreement and/or an assignment agreement with the Obligor with respect to such Loan, and (iii) the agent receives payment directly from the Obligor thereof on behalf of each lender that has been assigned a percentage interest in such Loan; provided that any such Loan shall exclude any Retained Interest.
Assigned Loan. A Loan originated by a Person other than the Loan Originator in which a constant percentage or a fixed principal amount has been assigned to the Loan Originator or in which a participation interest has been granted to the Loan Originator by such Person in accordance with the Loan Originator’s Underwriting Guidelines and (a) such transaction has been fully consummated prior to such Loan becoming subject to this Agreement; (b) except with respect to participation interests, the Loan Originator is not a party to (but is instead an assignee of) the underlying loan documents; (c) upon the sale of any Underlying Notes or related Participation Certificates to the Depositor under the Loan Sale Agreement and sale to the Issuer by the Depositor under this Agreement, any such Underlying Notes or Participation Certificates, as the case may be, will be endorsed in blank and held by the Collateral Custodian on behalf of the Indenture Trustee for the benefit of the Noteholders; (d) the Issuer, as assignee of any Underlying Notes or Participation Certificates, as applicable, will have all of the rights (but none of the obligations) of the Loan Originator with respect to any such Underlying Notes or Participation Certificates, as applicable and the Loan Originator’s right, title and interest in and to the Loan Collateral; (e) any Underlying Notes are secured by, and the Participation Certificates represent, an undivided interest in any and all Loan Collateral that also secures and is shared by, on a pro rata basis, all other holders of such Obligor’s notes of equal priority; and (f) the agent bank receives payment directly from the Obligor thereof on behalf of each lender that has been assigned a percentage interest in such Loan. Assignment: A LPA Assignment or S&SA Assignment.