COLLATERAL AMOUNT MAINTENANCE. (a) The Lender shall ▇▇▇▇ to market the Subordinate Certificates from time to time in its sole discretion, but at least monthly. If at any time 70% of the aggregate Market Value of the Subordinate Certificates is less than the Facility Balance (a "Margin Deficit"), then Lender may by notice to the Borrower require -------------- the Borrower to cure such Margin Deficit by delivering cash or such other additional collateral as is acceptable to the Lender in its sole discretion, to Lender within two (2) Business Days of notice thereof. (b) Notice required pursuant to subsection (a) may be given by any means of telecopier or telegraphic transmission. A notice for the payment of a Margin Deficit received before 9:00 a.m. on a Business Day, local time, of the party receiving the notice, must be met not later than 5:00 p.m. on the Business Day on which the notice was given, local time, of the party receiving the notice. Any notice given on a Business Day after 9:00 a.m., local time, of the party receiving the notice, shall be met not later than 2:00 p.m. (New York time) on the second Business Day thereafter. The failure of Lender, on any one or more occasions, to exercise its rights under subsection (a) of this Section 6 shall not change or alter the terms and conditions to which this Agreement is subject or limit the right of the Lender to do so at a later date. A failure or delay by Lender to exercise its rights under subsection (a) of this Section 6 shall not limit Lender's rights under this Agreement or otherwise existing by law or in any way create additional rights for the Borrower.
Appears in 1 contract
Sources: Subordinate Certificate Financing Agreement (BNC Mortgage Inc)
COLLATERAL AMOUNT MAINTENANCE. (a) The Lender shall ▇▇▇▇ to market the Subordinate Certificates Pledged Assets from time to time in its sole discretion, but at least monthly. If at any time 70% of the aggregate Market Lender Value of the Subordinate Certificates Pledged Assets is less than 200% of the Facility Balance (a "Margin Deficit"), then Lender may by notice to the Borrower require -------------- the Borrower to cure such Margin Deficit by delivering cash or such other additional collateral as is acceptable to the Lender in its sole discretion, to Lender within two one (21) Business Days Day of notice thereof.
(b) Notice required pursuant to subsection (a) may be given by any means of telecopier or telegraphic transmission. A notice for the payment of a Margin Deficit received before 9:00 a.m. on a Business Day, local time, of the party receiving the notice, must be met not later than 5:00 p.m. on the Business Day on which the notice was given, local time, of the party receiving the notice. Any notice given on a Business Day after 9:00 a.m., local time, of the party receiving the notice, shall be met not later than 2:00 p.m. (New York time) on the second following Business Day thereafterDay. The failure of Lender, on any one or more occasions, to exercise its rights under subsection (a) of this Section 6 shall not change or alter the terms and conditions to which this Agreement is subject or limit the right of the Lender to do so at a later date. A failure or delay by Lender to exercise its rights under subsection (a) of this Section 6 shall not limit Lender's rights under this Agreement or otherwise existing by law or in any way create additional rights for the Borrower.
Appears in 1 contract
Sources: Asset Assignment Agreement (Green Tree Financial Corp)