Common use of Additional Advances Clause in Contracts

Additional Advances. At any time prior to the Revolving Period Expiration Date, if Margin Excess exists (as determined by Buyer in its sole discretion) with respect to a Purchased Asset, Seller may, upon the delivery of prior written notice to Buyer (which may be via email or in physical format), to be received by no later than five (5) Business Days immediately preceding the date of the requested Additional Advance, submit to Buyer a request (an “Additional Advance Notice”) for Buyer to transfer additional funds to Seller to increase the Purchase Price for such Purchased Asset (an “Additional Advance”) up to the amount of such Margin Excess for such Purchased Asset. Buyer shall fund such Additional Advance on the date set forth on such Additional Advance Notice so long as, immediately prior to and immediately after giving effect to the funding of such Additional Advance, (i) each of the conditions precedent set forth in Section 6.02 have been satisfied, (ii) the Aggregate Amount Outstanding does not exceed the Maximum Amount, (iii) the requested Additional Advance would not violate a Sub-Limit and (iv) the amount of such Additional Advance would not cause the Repurchase Price of such Purchased Asset (without giving effect to any Price Differential that has accrued but is not yet due and payable hereunder) to exceed the maximum approved Purchase Price for such Purchased Asset. In connection with any such Additional Advance, Buyer and Seller shall execute an Amended and Restated Confirmation setting forth the new outstanding Purchase Price and Applicable Percentage with respect to such Transaction.

Appears in 3 contracts

Sources: Master Repurchase and Securities Contract (Seven Hills Realty Trust), Master Repurchase and Securities Contract (Seven Hills Realty Trust), Master Repurchase and Securities Contract (Seven Hills Realty Trust)

Additional Advances. At any time prior to the Revolving Period Expiration Date, if Margin Excess exists (as determined by Buyer in its sole discretion) with respect to a Purchased Asset, Seller may, upon the delivery of prior written notice to Buyer (which may be via email or in physical format), to be received by no later than five (5) Business Days immediately preceding the date of the requested Additional Advance, submit to Buyer a request (an “Additional Advance Notice”) for Buyer to transfer additional funds to Seller to increase the Purchase Price for such Purchased Asset (an “Additional Advance”) up to the amount of such Margin Excess for such Purchased Asset. Buyer shall fund such Additional Advance on the date set forth on such Additional Advance Notice so long as, immediately prior to and immediately after giving effect to the funding of such Additional Advance, (i) each of the conditions precedent set forth in Section 6.02 have been satisfied, (ii) the Aggregate Amount Outstanding does not exceed the Maximum Amount, (iii) the requested Additional Advance would not violate a Sub-Limit and Limit, (iv) the amount of such Additional Advance would not cause the Repurchase Price of such Purchased Asset (without giving effect to any Price Differential that has accrued but is not yet due and payable hereunder) to exceed the maximum approved Purchase Price for such Purchased Asset, and (v) the amount of the requested Additional Advance is equal to or greater than $1,000,000. In connection with any such Additional Advance, Buyer and Seller shall execute an Amended and Restated Confirmation setting forth the new outstanding Purchase Price and Applicable Percentage with respect to such Transaction. Notwithstanding anything to the contrary herein, in no event shall Buyer make any Additional Advance with respect to any LIBOR Based Transaction on or after January 1, 2022, unless otherwise agreed by Buyer in its sole discretion.

Appears in 2 contracts

Sources: Master Repurchase and Securities Contract (Claros Mortgage Trust, Inc.), Master Repurchase and Securities Contract (Claros Mortgage Trust, Inc.)

Additional Advances. At any time prior to during the Revolving Period Expiration DateFunding Period, if Margin Excess Additional Advance Availability exists (as determined by Buyer in its sole discretion) with respect to a Purchased Asset, Seller may, upon the delivery of prior written notice to Buyer (which may be via email or in physical format)Buyer, to be received by no earlier than ninety (90) days prior to, and no later than five 11:00 a.m. on the seventh (57th) Business Days Day immediately preceding preceding. the date of the requested Additional Advance, submit to Buyer a request (an “Additional Advance Notice”) for Buyer to transfer additional funds to Seller to increase the Purchase Price for such Purchased Asset (an “Additional Advance”) up to the amount of such Margin Excess Additional Advance Availability for such Purchased Asset. Buyer shall fund such Additional Advance on the date set forth on such Additional Advance Notice so long as, immediately prior to and to, and, immediately after giving effect to to, the funding of such the Additional Advance, Advance (i) each of the conditions precedent set forth in Section 6.02 6.02(b) and each of the Additional Advance Requirements have been satisfied, (ii) the Aggregate Amount Outstanding aggregate outstanding Purchase Price of all Transactions does not exceed the Maximum Amount, (iii) the requested Additional Advance would not violate a Sub-Limit and Sub‑Limit, (iv) the amount of such Additional Advance Amount would not cause the Repurchase Price of such Purchased Asset (without giving effect to any Price Differential that has accrued but is not yet due and payable hereunder) to exceed the maximum approved Maximum Purchase Price for such Purchased Asset, and (v) the amount of the requested Additional Advance is equal to or greater than $1,000,000. In connection with any such Additional AdvanceAdvance funded by Buyer pursuant to this Section 3.11, Buyer and Seller shall execute and deliver an Amended and Restated updated Confirmation setting forth the new outstanding Purchase Price and Applicable Percentage with respect to such Transaction. Notwithstanding the foregoing, Seller shall not be permitted to make more than three (3) requests for Additional Advances under this Section 3.11 in any calendar month.

Appears in 1 contract

Sources: Master Repurchase and Securities Contract (KKR Real Estate Finance Trust Inc.)

Additional Advances. At any time prior to during the Revolving Period Expiration DateFunding Period, if Margin Excess exists (as determined by Buyer in its sole discretion) with respect to a Purchased Asset, Seller may, upon the delivery of prior written notice to Buyer (which may be via email or in physical format)Buyer, to be received by no later than five (5a) for each Purchased Asset where the proposed Purchase Date for the requested Additional Advance (as defined below) is within ninety (90) days of the date of the related written notice, 11:00 a.m. on the second Business Day immediately preceding the date of the requested Additional Advance, or (b) in all other instances, seven (7) Business Days immediately preceding the date of the requested Additional Advance, submit to Buyer a request (an “Additional Advance Notice”) for Buyer to transfer additional funds to Seller to increase the Purchase Price for such Purchased Asset (an “Additional Advance”) up to the amount of such Margin Excess for such Purchased Asset. Buyer shall fund such Additional Advance on the date set forth on such Additional Advance Notice so long as, immediately prior to and and, immediately after giving effect to the funding of such the Additional Advance, Advance (i) each of the conditions precedent set forth in Section 6.02 6.02(b) have been satisfied, (ii) the Aggregate Amount Outstanding aggregate outstanding Purchase Price of all Transactions does not exceed the Maximum Amount, (iii) the requested Additional Advance would not violate a Sub-Limit and Limit, (iv) the amount of such Additional Advance Amount would not cause the Repurchase Price of such Purchased Asset (without giving effect to any Price Differential that has accrued but is not yet due and payable hereunder) to exceed the maximum approved Maximum Purchase Price for such Purchased Asset, and (v) the amount of the requested Additional Advance is equal to or greater than $1,000,000. In connection with any such Additional AdvanceAdvance funded by Buyer pursuant to this Section 3.11, Buyer and Seller shall execute and deliver an Amended and Restated updated Confirmation setting forth the new outstanding Purchase Price and Applicable Percentage with respect to such Transaction. Notwithstanding the foregoing, Seller shall not be permitted to make more than three (3) requests for Additional Advances under this Section 3.11 in any calendar month.

Appears in 1 contract

Sources: Master Repurchase and Securities Contract (TPG RE Finance Trust, Inc.)

Additional Advances. At any time prior to the Revolving Period Expiration Date, if Margin Excess exists (as determined by Buyer in its sole discretion) with respect to a Purchased Asset, Seller may, upon the delivery of prior written notice to Buyer (which may be via email or in physical format), to be received by no later than five (5) Business Days immediately preceding the date of the requested Additional Advance, submit to Buyer a request (an “Additional Advance Notice”) for Buyer to transfer additional funds to Seller to increase the Purchase Price for such Purchased Asset (an “Additional Advance”) up to the amount of such Margin Excess for such Purchased Asset. Buyer shall fund such Additional Advance on the date set forth on such Additional Advance Notice so long as, immediately prior to and immediately after giving effect to the funding of such Additional Advance, (i) each of the conditions precedent set forth in Section 6.02 have been satisfied, (ii) the Aggregate Amount Outstanding does not exceed the Maximum Amount, (iii) the requested Additional Advance would not violate a Sub-Limit and Limit, (iv) the amount of such Additional Advance would not cause the Repurchase Price of such Purchased Asset (without giving effect to any Price Differential that has accrued but is not yet due and payable hereunder) to exceed the maximum approved Purchase Price for such Purchased Asset, and (v) the amount of the requested Additional Advance is equal to or greater than $1,000,000. In connection with any such Additional Advance, Buyer and Seller shall execute an Amended and Restated Confirmation setting forth the new outstanding Purchase Price and Applicable Percentage with respect to such Transaction.

Appears in 1 contract

Sources: Master Repurchase and Securities Contract (Claros Mortgage Trust, Inc.)

Additional Advances. At (i) On any time Business Day prior to the Revolving Period Expiration Repurchase Date, if Margin Excess exists (as determined by Buyer in its sole discretion) at any time the effective Advance Rate based on the outstanding Purchase Price with respect to a Purchased Asset is less than the Advance Rate as set forth in the Confirmation for such Purchased Asset, Seller may, upon the delivery of prior written notice to Buyer (which may be via email or in physical format), to be received by no later than five (5) Business Days immediately preceding the date of the requested Additional Advance, submit to Buyer Administrative Agent a request (an “Additional Advance Notice”) for Buyer to that Buyers transfer additional funds cash to Seller so as to increase the outstanding Purchase Price for such Purchased Asset in the amount requested by Seller (an “Additional Advance”) up ). Buyers’ agreement to make any Additional Advance shall be in the sole discretion of Administrative Agent, on behalf of Buyers, and in any case is subject to the amount satisfaction of such Margin Excess for such Purchased Asset. Buyer shall fund the following conditions precedent, both immediately prior to making such Additional Advance on the date set forth on such Additional Advance Notice so long as, immediately prior to and immediately also after giving effect to the consummation thereof: (A) as of the funding of such Additional Advance, no Margin Deficit that is due and payable or Event of Default has occurred and is continuing or would result from the funding of such Additional Advance; (iB) each the funding of the conditions precedent set forth in Section 6.02 have been satisfied, (ii) the Aggregate Amount Outstanding does not exceed the Maximum Amount, (iii) the requested Additional Advance would not violate a Sub-Limit and (iv) the amount of such Additional Advance would not cause the Repurchase Price of such related Purchased Asset (without giving effect to any Price Differential that has accrued but is not yet due and payable hereunder) to exceed the maximum approved applicable Maximum Advance Rate; (C) the funding of the Additional Advance would not cause the aggregate outstanding Purchase Price for such all Purchased Asset. In connection with any such Assets to exceed the Maximum Facility Amount; (D) the amount of the Additional Advance is no less than $500,000; and (E) Administrative Agent, on behalf of Buyers, shall have satisfactorily completed all applicable credit approval requirements. (ii) On the date of the Additional Advance, Buyer which shall occur following the final approval of the Additional Advance that all conditions set forth in this Article 3(k) have been satisfied, Buyers shall transfer cash to Seller as provided in this Article 3(k) (and in accordance with the wire instructions provided by Seller in such request). Upon approval by Administrative Agent, on behalf of Buyers, of a particular Additional Advance pursuant to this Article 3(k), Administrative Agent, on behalf of Buyers, and Seller shall execute an Amended and Restated modify the existing Confirmation setting for the applicable Transaction to set forth the new Advance Rate, outstanding Purchase Price and Applicable Percentage with respect Buyer’s LTV for such Purchased Asset and any other modifications to such Transactionthe terms set forth on the existing Confirmation.

Appears in 1 contract

Sources: Master Repurchase and Securities Contract Agreement (Claros Mortgage Trust, Inc.)