Examples of Yen Fronting Loan in a sentence
Immediately upon the making of a Yen Fronting Loan, the applicable Yen Non-Qualified Lender shall be deemed to, and hereby irrevocably and unconditionally agrees to, purchase from such Fronting Lender a risk participation in 100% of such Yen Fronting Loan.
Each applicable Yen Non-Qualified Lender shall make the amount of its participation in each applicable Yen Fronting Loan specified in such notice available to Yen Funding Agent in Same Day Funds for the account of the applicable Fronting Lender at Yen Funding Agent’s Office for payments in the same currency as the applicable Yen Fronting Loan not later than 1:00 p.m., Tokyo time, on the Business Day specified in such notice.
Notwithstanding the foregoing, no Fronting Lender shall be required to make a Yen Fronting Loan with respect to which there is a Yen Non-Qualified Lender that is a Defaulting Lender at the time of the receipt by Administrative Agent of the applicable Yen Loan Notice or at any time prior to the funding of such Yen Fronting Loan.
Notwithstanding any other provision of this Agreement, until a Yen Lender funds its risk participation pursuant to this Section 4.2 to refinance such Yen Lender’s applicable Yen Fronting Loan, all payments made hereunder in respect of the portion of any Yen Loans that was funded in part by a Fronting Lender shall be solely for the account of the applicable Fronting Lender.
Notwithstanding the foregoing, no Fronting Lender shall be required to make a Yen Fronting Loan on behalf of a Yen Non-Qualified Lender that is a Defaulting Lender at the time of the receipt by Yen Funding Agent of the applicable Yen Committed Loan Notice.
The purchase of such risk participation in each Yen Fronting Loan by such Yen Non-Qualified Lender shall satisfy such Yen Non-Qualified Lender’s funding requirements under Section 5.1. Notwithstanding any other provision herein, no more than five (5) Credit Extensions that utilize Yen Fronting Loans shall be made during any calendar month.
If the Fronting Lenders based on the limitations set forth in the proviso to the first sentence of Section 5.2.1 are unable to fund the entire requested Yen Fronting Loan, then the applicable Yen Borrower may decrease the amount of the requested Yen Committed Borrowing within one (1) Business Day after notice by Yen Funding Agent of such limitation.
If any such Yen Fronting Loan is not repaid in full on the last day of an Interest Period (if applicable or required under clause (i)(B) above), subject to Section 6.4.2, such Yen Fronting Loan shall bear interest at the Money Market Rate plus the Applicable Margin until such payment is made hereunder.
Each applicable Yen Non-Qualified Lender shall make the amount of its participation in each applicable Yen Fronting Loan specified in such notice available to Administrative Agent in Same Day Funds for the account of the applicable Fronting Lender at Administrative Agent’s Office for payments in the same currency as the applicable Yen Fronting Loan not later than 1:00 p.m., Tokyo time, on the Business Day specified in such notice.
Each Yen Lender that makes a Yen Loan, other than a Yen Fronting Loan, hereby represents and warrants that it is not a Non-Qualified Japan Lender.