Common use of Extension of Facility Termination Date Clause in Contracts

Extension of Facility Termination Date. Upon written request of Seller delivered to Buyer at least 30 days, but in no event earlier than 60 days, prior to the Initial Termination Date, and (i) so long as no event which has a Material Adverse Effect and no Margin Deficit, Default or Event of Default, or any default under any other Repurchase Document, shall have occurred and be continuing on the Initial Termination Date, (ii) so long as all representations and warranties are true, correct, complete and accurate in all material respects at the time of such extension, and (iii) upon payment by Seller to Buyer of an Extension Fee in immediately available funds, Buyer may in its sole discretion agree to extend the Facility Termination Date, for a period not to exceed 364 days (the “Facility Extension Period”), by giving written notice to Seller of such extension and of the new Facility Termination Date determined by Buyer and the dates and amounts of the payments required to be made under Section 3.04(b); provided, that (y) any failure by Buyer to deliver any such notice of extension to Seller shall be deemed to be Buyer’s determination not to extend the Facility Termination Date and (z) Seller shall not be permitted to submit any Transaction Request during such an extension. During the Facility Extension Period, no additional Transactions shall be permitted and Seller shall amortize the remaining aggregate Repurchase Price of all Purchased Assets in equal quarterly installment payments over the term of the Facility Extension Period.

Appears in 1 contract

Samples: Master Repurchase Agreement (CBRE Realty Finance Inc)

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Extension of Facility Termination Date. Upon written request of all of Seller delivered to Buyer at least 30 ninety (90) days, but in no event earlier than 60 120 days, prior to the Initial Termination Date, and (i) so long as no event which has a Material Adverse Effect and no Margin Deficit, Default or Event of Default, or any default under any other Repurchase Document, shall have occurred and be continuing on the Initial Termination Date, (ii) Date and so long as all representations and warranties are true, correct, complete complete, and accurate in all material respects at the time of such extension, and (iii) upon payment by Seller to Buyer of an Extension Fee in immediately available funds, Buyer may in its sole discretion agree to extend the Facility Termination Date, for a period not to exceed 364 days (the “Facility Extension Period”)days, by giving written notice to Seller of such extension and of the new Facility Termination Date determined by Buyer and the dates and amounts of the payments required to be made under Section 3.04(b); provided, that (yi) any failure by Buyer to deliver any such notice of extension to Seller shall be deemed to be Buyer’s 's determination not to extend the Facility Termination Date, (ii) in no event shall the Facility Termination Date be extended beyond the Final Purchase Date and (ziii) Seller in no event shall not be permitted to submit any Transaction Request during such an extension. During the Facility Extension PeriodTermination Date be extended unless, no additional Transactions as of the Initial Termination Date, (A) the Parent shall be permitted listed on a national securities exchange and Seller (B) Buyer shall amortize have received payment of an amount equal to the remaining aggregate Repurchase Price of all Purchased Assets Extension Fee (as defined in equal quarterly installment payments over the term of the Facility Extension PeriodFee Letter).

Appears in 1 contract

Samples: Repurchase Agreement (Gramercy Capital Corp)

Extension of Facility Termination Date. Upon written request of Seller delivered to Buyer at least 30 thirty (30) days, but in no event earlier than 60 sixty (60) days, prior to the Initial Termination Date, and (i) so long as no event which has a Material Adverse Effect and no Margin Deficit, Default or Event of Default, or any default under any other Repurchase Document, shall have occurred and be continuing on the Initial Termination Date, (ii) so long as all representations and warranties are true, correct, complete and accurate in all material respects at the time of such extensionextension except as waived by Buyer, and (iii) upon payment by Seller to Buyer of an Extension Fee in immediately available funds, Buyer may in its sole discretion agree to extend the Facility Termination Date, for a period not to exceed 364 one-hundred and eighty (180) days (the “Facility Extension Period”), by giving written notice to Seller of such extension and of the new Facility Termination Date determined by Buyer and the dates and amounts of the payments required to be made under Section 3.04(b); provided, that (y) any failure by Buyer to deliver any such notice of extension to Seller shall be deemed to be Buyer’s determination not to extend the Facility Termination Date and (z) Seller shall not be permitted to submit any Transaction Request during such an extensionDate. During the Facility Extension Period, no additional Transactions shall be permitted and Seller shall amortize the remaining aggregate Repurchase Price of all Purchased Assets in equal quarterly monthly installment payments over the term of the Facility Extension Period, as specified in Section 3.04(b).

Appears in 1 contract

Samples: Master Repurchase Agreement (CBRE Realty Finance Inc)

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Extension of Facility Termination Date. Upon written request of Seller all of the Sellers delivered to Buyer at least 30 ninety (90) days, but in no event earlier than 60 120 days, prior to the Initial Termination Date, and (i) so long as no event which has a Material Adverse Effect and no Margin Deficit, Default or Event of Default, or any default under any other Repurchase Document, shall have occurred and be continuing on the Initial Termination Date, (ii) so long as all representations and warranties are true, correct, complete and accurate in all material respects at the time of such extension, and (iii) upon payment by Seller to Buyer of an Extension Fee in immediately available funds, Buyer may in its sole discretion agree to extend the Facility Termination Date, for a period not to exceed 364 days (the “Facility Extension Period”)days, by giving written notice to Seller the Sellers of such extension and of the new Facility Termination Date determined by Buyer and the dates and amounts of the payments required to be made under Section 3.04(b); provided, that (yi) any failure by Buyer to deliver any such notice of extension to Seller the Sellers shall be deemed to be Buyer’s 's determination not to extend the Facility Termination Date, (ii) in no event shall the Facility Termination Date be extended beyond either the fourth (4th) year anniversary of the Effective Date or the Final Purchase Date and (ziii) Seller in no event shall not be permitted to submit any Transaction Request during such an extension. During the Facility Extension PeriodTermination Date be extended unless, no additional Transactions as of the Initial Termination Date, (A) the Parent shall be permitted listed on a national securities exchange and Seller (B) Buyer shall amortize have received payment of an amount equal to the remaining aggregate Repurchase Price of all Purchased Assets Extension Fee (as defined in equal quarterly installment payments over the term of the Facility Extension PeriodFee Letter).

Appears in 1 contract

Samples: Master Repurchase Agreement (Gramercy Capital Corp)

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