Examples of Discretionary Funding Advances in a sentence
The Manager may not assign, sell, transfer, participate, pledge, or hypothecate, in whole or in part, its interest in any Discretionary Funding Advances without the consent of the Initial Member, and until the Purchase Money Notes Defeasance Date, the Purchase Money Notes Guarantor.
In no event may Discretionary Funding Advances be used for payment of any Working Capital Expenses other than Funding Draws.
The proceeds of Discretionary Funding Advances shall be deposited into the Collection Account for disbursement therefrom for the making of the applicable Funding Draws.
All Discretionary Funding Advances, together with a detailed statement of the sources and uses thereof (which shall be broken out by the reimbursable and unreimbursable portions thereof) and description of the allocation to the Loans for which such Discretionary Funding Advance was made, shall be reflected in the Monthly Report with respect to the calendar month during which the relevant Discretionary Funding Advance was made.
Without limiting the generality of the foregoing, the Company shall assume on and as of the Closing Date all obligations with respect to funding any Funding Draws and shall consult and coordinate with the Paying Agent concerning any advances from the Working Capital Reserve and the provision of any Discretionary Funding Advances to fund any such construction draws.
The Servicer shall not cause funds from any other source (other than interest or earnings on the Loan Proceeds and the proceeds of Excess Working Capital Advances and Discretionary Funding Advances and other funds expressly permitted to be deposited into the Collection Account pursuant to the Custodial and Paying Agency Agreement) to be commingled in the Collection Account.
Pursuant to Section 5.3 of the LLC Operating Agreement, the Manager may make, at its discretion, Discretionary Funding Advances from its own funds to the extent there are insufficient funds in the Collection Account and the Working Capital Reserve with which to fund any Funding Draw permitted pursuant to any Loan Documents, which Discretionary Funding Advances are to be designated as applicable only to the Loan for which any Funding Draw is funded.
Any Discretionary Funding Advances are to be deposited into the Collection Account from which the funds will be available to fund such Funding Draw.
In no event may Discretionary Funding Advances be used for payment of any Working Capital Expenses.
No funds from any other source (other than Loan Proceeds, interest or earnings on the Loan Proceeds, funds transferred from the Working Capital Reserve Account pursuant to Section 3.6, funds advanced by the Manager as Excess Working Capital Advances pursuant to the LLC Operating Agreement and Section 3.7 and funds advanced by the Manager as Discretionary Funding Advances pursuant to the LLC Operating Agreement and Section 3.8) shall be commingled in the Collection Account.