Examples of Excess Yield Transaction in a sentence
As of the date of the related Excess Yield Transaction and upon Xxxxxx's satisfaction that no Borrowing Base Deficiency or breach of representation and warranty or covenant will result, the Lender releases its security interest in that portion of the Collateral defined as Excess Yield.
In connection with such Excess Yield Transaction, the Lender will execute a Partial Release (Excess Yield) and approve the filing of such financing statement amendments required to reflect the fact that the Excess Yield is no longer subject to the Liens granted under the Facility Documents.
In connection with an Excess Yield Transaction and to the extent permitted in accordance with the provisions of Section 3.02(b)(iii) hereof, the Lender shall release its security interest in that portion of the Collateral that will be defined as Excess Yield upon consummation of the Excess Yield Transaction solely with respect to the Released Excess Yield Mortgages identified in the Partial Release (Excess Yield).
In connection with an Excess Yield Transaction and to the extent permitted in accordance with the provisions of Section 2.08(c) hereof, the Lender shall release its security interest in that portion of the Collateral that will be defined as Excess Yield upon consummation of the Excess Yield Transaction solely with respect to the Released Excess Yield Mortgages identified in the Partial Release (Excess Yield).
Lender’s release will be effective on the Excess Yield Transaction Settlement Date.
Borrower may request that Xxxxxx consent to Borrower entering into an Excess Yield Transaction by delivering notice to Lender (an “EYT Notice”), at least seven (7) Business Days prior to the applicable closing date of such Excess Yield Transaction (the “Excess Yield Transaction Settlement Date”).
Notwithstanding the foregoing, the parties hereby agree that only one Excess Yield Transaction is permitted pursuant to the provisions hereunder.
Each EYT Notice shall identify the Excess Yield Transaction Settlement Date and the proposed Released Excess Yield Mortgages and request that the Administrative Agent on behalf of each Lender (i) releases its Lien on the portion of the Collateral that will be defined as Excess Yield upon consummation of the Excess Yield Transaction, solely with respect to Released Excess Yield Mortgages, and (ii) consent to the filing of an applicable UCC-3 reflecting such release.
Subject to the satisfaction of the conditions in Section 2.10(c) below, the Administrative Agent on behalf of Xxxxxx shall execute the Partial Release (Excess Yield) and shall, on the Excess Yield Transaction Date, release its security interest in the Excess Yield solely with respect to the Released Excess Yield Mortgages identified in the Partial Release (Excess Yield).
If the Borrower elects to enter into an Excess Yield transaction with Xxxxxx Xxx, the Borrower shall deliver notice (which may be an email notice) of such request to the Administrative Agent (an “EYT Notice”) [***] prior to the Excess Yield Transaction Date (or such lesser period of time as may be agreed by the Administrative Agent).