Hypothecation Loan definition
Examples of Hypothecation Loan in a sentence
The Borrower and the Lender are parties to a Hypothecation Loan Agreement dated as of April 7, 2000 (as modified and supplemented and in effect from time to time, the "Loan Agreement"), providing, subject to the terms and conditions thereof, for a loan to be made by the Lender to the Borrower in a principal amount on the date hereof not exceeding $ .
If any Obligor on a Pledged Loan shall be in default of any of its obligations under any of the A&D Loan Documents or Hypothecation Loan Documents, a Borrower shall not be authorized to waive any such default, or to enter into any forbearance or moratorium with respect thereto, for so long as such Pledged Loan remains part of the Collateral, unless and until Lender shall otherwise give its consent in writing.
THE CHASE MANHATTAN BANK By ----------------------------- Name: Title: CHASE PREFERRED CAPITAL CORPORATION By ----------------------------- Name: Hypothecation Loan Agreement 29 EXHIBIT A [Form of Borrowing Base Certificate] BORROWING BASE CERTIFICATE [DATE] Reference is made to the Hypothecation Loan Agreement dated as of April 7, 2000 (as modified and supplemented and in effect from time to time, the "Loan Agreement"), between The Chase Manhattan Bank and Chase Preferred Capital Corporation.
Terms defined in the Hypothecation Loan Agreement dated as of April 7, 2000 between the Borrower and the Lender (as amended and supplemented and in effect from time to time, the "Loan Agreement") are used herein as defined therein, and Section 1.02 of the Loan Agreement is incorporated herein by reference as fully and to the same extent as if set forth herein.
The grant and conveyance of Liens pursuant to the terms hereof and the other Loan Documents shall not obligate or be construed to obligate Lender to perform any of the terms contained in the A&D Loan Documents, Hypothecation Loan Documents or any other instrument or agreement forming part of any of the Pledged Loan Collateral or otherwise to impose any duties upon Lender with respect to the same.
The proceeds of the Receivables Component of the Loan shall be used exclusively to repay in full Borrower's receivables loan from RFI in the original principal amount of $3,000,000, pursuant to that certain Hypothecation Loan Agreement dated October 3, 1995, by and between ▇▇▇▇▇▇▇ and Borrower, as amended or supplemented from time to time, together with any and all related documents or instruments that evidence or secure said loan (the "RFI Receivables Loan").
The Borrower Hypothecation Loan Agreement 21 will, and will cause the Servicer to, permit any representatives designated by Lender (including any consultants, accountants, lawyers and appraisers retained by the Lender) to conduct evaluations and appraisals of the Borrower's computation of the Borrowing Base and the assets included in the Borrowing Base, all at such reasonable times and as often as reasonably requested.
In no event shall any Hypothecation Loan Documents be deemed to constitute "Acceptable Hypothecation Loan Documents" unless, pursuant to express provisions set forth therein, such documents, together with all Payment Rights, Remedies and Liens provided for thereunder, may be assigned (whether outright or as security) to any Person without the necessity of obtaining the consent of or giving prior notice to any other party to any of such documents for the effectiveness of any such assignment or transfer.
Any collateral including, without limitation, all Liens, pledges, assignments, mortgages or security interest granted to or for the benefit of Lender pursuant to the Timeshare Receivables Purchase Facility, the Timeshare Construction Credit Facility and the Timeshare Receivables Hypothecation Loan Facility and the Long Wharf Loan shall secure Borrower's Obligations pursuant to this Loan as well as Borrower's obligations pursuant to each of the above-referenced facilities.
To the best of Borrower's knowledge after good faith diligent inquiry, all representations and warranties made by the Applicable Underlying Borrower in the Applicable Underlying Loan Documents, including but not limited to those set forth in Section 6.9 of the Hypothecation Loan Agreement attached as Exhibit "A" hereto, are true and correct in all material respects.