Yield Protection Fee means, for any Yield Period, with respect to any Portion of Capital, to the extent that (i) any payments are made by the Seller to the related Purchaser in respect of such Capital hereunder prior to the applicable maturity date of any Notes or other instruments or obligations used or incurred by such Purchaser to fund or maintain such Portion of Capital or (ii) any failure by the Seller to borrow, continue or prepay any Portion of Capital on the date specified in any Purchase Notice delivered pursuant to Section 1.2 of this Agreement, the amount, if any, by which: (a) the additional Discount related to such Portion of Capital that would have accrued through the maturity date of such Notes or other instruments on the portion thereof for which payments were received from the Seller (or with respect to which the Seller failed to borrow such amounts), exceeds (b) the income, if any, received by such Purchaser from investing the proceeds so received in respect of such Portion of Capital, as determined by the applicable Purchaser Agent, which determination shall be binding and conclusive for all purposes, absent manifest error.
Yield Protection Fee means, for any Yield Period, with respect to any Portion of Capital, to the extent that (i) any payments are made by the Seller to the related Purchaser in respect of such Capital hereunder prior to the applicable maturity date of any Notes or other instruments or obligations used or incurred by such Purchaser to fund or maintain such Portion of Capital or (ii) any failure by the Seller to borrow, continue or prepay any Portion of Capital on the date specified in any Purchase Notice delivered pursuant to Section 1.2 of this Agreement occurs, the amount, if any, by which: (a) the additional Discount related to such Portion of Capital that would have accrued through the maturity date of such Notes or other instruments on the portion thereof for which payments were received from the Seller (or with respect to which the Seller failed to borrow such amounts), exceeds (b) the income, if any, received by such Purchaser from investing the proceeds so received in respect of such Portion of Capital, as determined by the applicable Purchaser Agent, which determination shall be binding and conclusive for all purposes, absent manifest error.
Yield Protection Fee means the Yield Protection Fee to be paid under the Loan to pay at least 6 months interest under the Loan.Thorofare conveyed to Time Equities and Time Equities acquired from Thorofare, subject to the terms and conditions of the Participation Agreement, a participation interest compromised of an undivided interest in the Loan and all of the Loan Documents together with all rights,benefits, obligations, payments, fees, proceeds and awards arising from and out of the Loan Documents to the extent expressly designated as applicable to the “B Piece” or “B Piece Lender” under the Participation Agreement (the “B Piece”). The Loan is a single loan notwithstanding the participation interests created herein, and as a result Thorofare holds legal title to the Loan solely in its name. The Loan constitutes a single claim against Borrower within the meaning of the Federal Bankruptcy Code and that the B Piece Lender is not a separate creditor of Loan Borrower or any other Loan Debtor. Lender Consent Required by each LenderAny and all actions and decisions with respect to the ownership, administration, servicing and enforcement of the Loan, the Loan Documents and the Loan Collateral shall require Lender Consent and shall be jointly determined by both the A and P Piece Lenders. Each of the following actions and matters with respect to the Loan shall require Lender Consent (including the consent of the B Piece Lender):
Examples of Yield Protection Fee in a sentence
All payments made pursuant to this Section 1.23 shall be subject to any applicable Yield Protection Fee payable to any Purchaser at such time in connection therewith.
Yield Protection Fee: The Loan is prepayable, in whole at any time, provided if the LoanBorrower prepays before December 31, 2020, the Loan Borrower shall pay interest on the Loan through December 31, 2020.
All payments made pursuant to this Section 1.14 shall be subject to any applicable Yield Protection Fee payable to any Purchaser at such time in connection therewith.
More Definitions of Yield Protection Fee
Yield Protection Fee means, for any Settlement Period, with respect to any Net Investment, to the extent that (i) any payments are made by the Seller to a Purchaser (including payments made in accordance with the proviso in Section 1.6(b)(iii)) in respect of such Net Investment hereunder prior to the applicable maturity date of any Notes or other instruments or obligations used or incurred by such Purchaser to fund or maintain such Net Investment or (ii) any failure by the Seller to borrow, continue or prepay any Net Investment on the date specified in the related purchase notice delivered pursuant to Section 1.2 of the Agreement, the amount, if any, of the additional Discount related to such Net Investment that would have accrued through the maturity date of such Notes or other instruments or obligations on the portion thereof for which payments were received from the Seller (or with respect to which the Seller failed to borrow such amounts); it being understood that any Purchaser who receives any Yield Protection Fee as part of the Discount payable to it on any Settlement Date, shall (or shall cause the applicable Funding Agent on its behalf), on or prior to the second Business Day following such Settlement Date on which such Yield Protection Fee was received, pay to the Seller an amount equal to the income, if any, received by such Purchaser (up to an amount not exceeding the applicable Yield Protection Fee paid with respect thereto), from investing the amounts received by it from the Seller to so reduce such Net Investment (or portion thereof) or such amounts not so borrowed, as determined by the applicable Funding Agent, which determination shall be binding and conclusive absent manifest error.
Yield Protection Fee means, for any Yield Period, with respect to any Portion of Capital, to the extent that (i) any payments are made by the Seller to the related Purchaser in respect of such Capital hereunder prior to the applicable maturity date of any Notes or other ability of the Servicer (or such Affiliate) to perform its obligations under this Agreement or any other Transaction Document to which it is a party.
Yield Protection Fee has the meaning set forth in Section 2.09(c).
Yield Protection Fee means, for any Settlement Period, with respect to any Net Investment, to the extent that (i) any payments are made by the Seller to a Purchaser (including payments made in accordance with the proviso in Section 1.6(b)(iii)) in respect of such Net Investment hereunder prior to the applicable maturity date of any Notes or other instruments or obligations used or incurred by such Purchaser to fund or maintain such Net Investment or (ii) any failure by the Seller to borrow, continue or prepay any Net Investment on the date specified in the related purchase notice delivered pursuant to Section
Yield Protection Fee means, for any Yield Period, with respect to any Portion of Capital, to the extent that (i) any payments are made by the Seller to the Issuer or any applicable Program Support Provider in respect of such Capital hereunder prior to the applicable maturity date of any Notes or other instruments or obligations used or incurred by such Person to fund or maintain such Portion of Capital or (ii) without duplication of any amounts payable by the Seller pursuant to Section 1.10 of the Agreement, any failure by the Seller to borrow, continue or prepay any Portion of Capital on the date specified in any Purchase Notice delivered pursuant to Section 1.2 of the Agreement, the amount, if any, by which: (a) the additional Discount related to such Portion of Capital that would have accrued through the maturity date of such Notes or other instruments on the portion thereof for which payments were received from the Seller (or with respect to which the Seller failed to borrow such amounts), exceeds (b) the income, if any, received by the Issuer or any applicable Program Support Provider from investing the proceeds so received in respect of such Portion of Capital, as determined by the Administrator, which determination shall be binding and conclusive for all purposes, absent manifest error.
Yield Protection Fee means, for any Yield Period, with respect to any Portion of Capital, to the extent that (i) any payments are made by the Seller to the related Purchaser in respect of such Capital hereunder prior to the applicable maturity date of any Notes or other instruments or obligations used or incurred by such Purchaser to fund or maintain such Portion of Capital or (ii) any failure by the Seller to borrow, continue or prepay any Portion of Capital on the date specified in any Purchase Notice delivered pursuant to Section 1.2 of this Agreement, the amount, if any, by which: (a) the additional Discount related to such Portion of Capital that
Yield Protection Fee set forth in Exhibit I to the Agreement is hereby amended by replacing the term “Settlement Period” where it appears therein with the term “Accrual Period”.