Rate Cap Collateral definition

Rate Cap Collateral shall have the meaning set forth in Section 9.2.
Rate Cap Collateral. 2.6.2 “Register” – 10.24 “Registrar” – 10.24 “Release Conditions” – 2.5
Rate Cap Collateral means all of the right, title and interest of the Borrowers in and to (i) the Interest Rate Cap Agreement; (ii) all payments, distributions, disbursements or proceeds due, owing, payable or required to be delivered to the Borrowers in respect of the Interest Rate Cap Agreement or arising out of the Interest Rate Cap Agreement, whether as contractual obligations, damages or otherwise; and (iii) all of each Borrower’s claims, rights, powers, privileges, authority, options, security interests, liens and remedies, if any, under or arising out of the Interest Rate Cap Agreement, in each case including all accessions and additions to, substitutions for and replacements, products and proceeds of any or all of the foregoing.

Examples of Rate Cap Collateral in a sentence

  • Borrower acknowledges that the terms of the Interest Rate Cap Agreement may prohibit public sales, that the Rate Cap Collateral may not be of the type appropriately sold at public sales, and that such sales may be prohibited by law.

  • In the case of all sales of the Rate Cap Collateral, public or private, Borrower shall pay all reasonable costs and expenses of every kind for sale or delivery, including brokers’ and attorneys’ fees and disbursements and any tax imposed thereon.

  • To the extent permitted by law, Lender shall not be obligated to make any sale of the Rate Cap Collateral if it shall determine not to do so, regardless of the fact that notice of sale may have been given, and Lender may without notice or publication adjourn any public or private sale, and such sale may, without further notice, be made at the time and place to which the same was so adjourned.

  • In light of these considerations, Borrower agrees that private sales of the Rate Cap Collateral shall not be deemed to have been made in a commercially unreasonably manner by mere virtue of having been made privately.

  • However, the proceeds of sale of Rate Cap Collateral shall be available to cover such costs and expenses, and, after deducting such costs and expenses from the proceeds of sale, Lender shall apply any residue to the payment of the Obligations in the order of priority as set forth in this Agreement.


More Definitions of Rate Cap Collateral

Rate Cap Collateral or “Cap Collateral” means all the following:
Rate Cap Collateral has the meaning specified in Section 2.18(b).
Rate Cap Collateral shall have the meaning set forth in Section 9.2. 25 Rating Agencies shall mean each of S&P, Moody’s and any other nationally-recognized statistical rating agency which has been approved by Administrative Agent. Real Property shall mean, collectively, the Land, the Improvements and the Appurtenances (as defined in the Security Instrument).
Rate Cap Collateral. (SECOND MEZZANINE) shall have the meaning set forth in Section 9.2. RATING AGENCIES shall have the meaning set forth in the Loan Agreement (Mortgage).
Rate Cap Collateral shall have the meaning set forth in Section 9.2. Rating Agencies shall mean (a) prior to a Securitization, each of S&P, Xxxxx’x and Fitch and any other nationally-recognized statistical rating agency which has been approved by Lender and (b) after a Securitization has occurred, each such Rating Agency which has rated the Securities in the Securitization.
Rate Cap Collateral means all of the right, title and interest of the Borrower Representative in and to (i) the Interest Rate Cap Agreement; (ii) all payments, distributions, disbursements or proceeds due, owing, payable or required to be delivered to the Borrower Representative in respect of the Interest Rate Cap Agreement or arising out of the Interest Rate Cap Agreement, whether as contractual obligations, damages or otherwise; and (iii) all of the Borrower Representative’s claims, rights, powers, privileges, authority, options, security interests, liens and remedies, if any, under or arising out of the Interest Rate Cap Agreement, in each case including all accessions and additions to, substitutions for and replacements, products and proceeds of any or all of the foregoing.