Financing Terms Clause Samples
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Financing Terms. Certain financial terms of any advance which CDF makes under this Agreement are not set forth herein because such terms depend, in part, upon many variable factors, including the availability of Vendor discounts, payment terms or other incentives, and CDF’s floorplanning volume with Dealer and with Vendors. Therefore, CDF and Dealer agree to set forth in this Agreement only the general terms of Dealer’s financing arrangement with CDF. Upon agreeing to finance an item of inventory for Dealer, CDF will send Dealer a Statement of Transaction (“SOT”) identifying such inventory and the applicable financial terms. Dealer’s failure to notify CDF in writing of any objection to an SOT within fifteen (15) days after an SOT is mailed to Dealer shall constitute Dealer’s: (a) acceptance of all terms thereof; (b) agreement that CDF is financing such inventory at Dealer’s request; and (c) agreement that such SOT will be incorporated herein by reference. If Dealer objects to the terms of any SOT, Dealer will pay CDF for such inventory in accordance with the most recent terms for similar inventory to which Dealer has not objected (or, if there are no prior terms, at the lesser of 16% per annum or at the maximum lawful contract rate of interest permitted under applicable law), but CDF may then elect to terminate Dealer’s inventory financing program. Such termination will not accelerate the maturities of advances previously made, unless Dealer is otherwise in default of this Agreement.
Financing Terms. (a) Agent, Lenders and Dealers agree to set forth in this Agreement only the general terms of the financing arrangement among Dealers, Agent and Lenders and certain contractual obligations related to this Agreement, shall be set forth in Program Terms Letters entered into by Dealers, Agent and any one or more Lenders from time to time (the “Program Terms Letters”), Transaction Statements (as defined below) or other Loan Documents or other agreements described herein. References to an “inventory financing agreement” in any Loan Document shall be deemed to refer to this Agreement. Agent, Lenders and Dealer hereby acknowledge that certain financial terms depend, in part, on factors which vary from time to time, including without limitation, the availability of Vendor discounts, payment terms or other incentives, Agent’s and Lenders’ floorplanning volume with Dealers and Vendor and other economic factors. Upon agreeing to finance an item of inventory for any Dealer, Agent, on behalf of the Lenders, will transmit, send or otherwise make available to such Dealer and Lenders a “Transaction Statement” which is a record that may be authenticated and which identifies the Collateral financed and/or the advance made and the terms and conditions of repayment of such advance. Dealers agree that a Dealer’s failure to notify Agent in writing of any objection to a Transaction Statement within thirty (30) days after a Transaction Statement is transmitted, sent or otherwise made available to such Dealer shall constitute Dealers’ (i) acceptance of all terms thereof, (ii) agreement that the Lenders are financing such inventory at Dealers’ request, and (iii) agreement that such Transaction Statement will be incorporated herein by reference. If any Dealer objects to the terms of any Transaction Statement, Dealers will pay Agent for the benefit of Lenders for such inventory in accordance with the most recent terms for similar inventory to which Dealers have not objected (or, if there are no prior terms, at the lesser of 16% per annum or at the maximum lawful contract rate of interest permitted under applicable law), subject to termination of this Agreement by Agent, or, if applicable, Lenders, and its rights under the termination provision contained herein. To the extent Vendor program subsidies are applicable to Dealers’ financing program (each a “Lender Credit”), with respect to any Loan which Lenders make to a Vendor on behalf of a Dealer, Agent may apply against any such amou...
Financing Terms. Cash Conventional VA FHA Other (specify) 24 Seller Financing: Seller will hold a purchase money mortgage in the amount of $ 25 with the following terms: 26 Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ plus 27 an assumption fee of $ . The mortgage is for a term of years beginning in 28 , at an interest rate of % fixed variable (describe) . 29 Lender approval of assumption is required is not required unknown. Notice to Seller: (1) You may 30 remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your 31 lender to determine the extent of your liability. Seller will ensure that all mortgage payments and required 32 escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing.
Financing Terms. Cash Conventional VA FHA Other (specify) 24 Seller Financing: Seller will hold a purchase money mortgage in the amount of $ 25 with the following terms: ___________________ 26 Assumption of Existing Mortgage: Buyer may assume existing mortgage for $ plus ____________________. ______ 27 an assumption fee of $ The mortgage is for a term of years beginning in ______ ______ ______________________________ 28 , at an interest rate of % fixed variable (describe) . 29 Lender approval of assumption is required is not required unknown. Notice to Seller: (1) You may 30 remain liable for an assumed mortgage for a number of years after the Property is sold. Check with your 31 lender to determine the extent of your liability. Seller will ensure that all mortgage payments and required 32 escrow deposits are current at the time of closing and will convey the escrow deposit to the buyer at closing.
Financing Terms. The Seller’s financing terms shall be: (Choose One) ☐ Amortized Loan. Fully Amortized for a term of ____ ☐ Months ☐ Years.
Financing Terms. Cash Conventional VA FHA Other:
Financing Terms. Tenant shall be entitled to finance or refinance any debt secured by a Leasehold Mortgage during the Term upon written notice to but without the consent of Landlord, provided that such Leasehold Mortgage meet the requirements of this ARTICLE 6, and provided further that such refinancing meets the following additional requirements:
(a) the term of such new mortgage loan may not extend beyond the Lease Expiration Date; and
(b) the aggregate debt incurred in such financing or refinancing shall not exceed eighty-five percent (85%) of the appraised fair market value (as determined by a MAI appraiser reasonably satisfactory to Landlord and Leasehold Mortgagee) of the Tenant’s Leasehold Estate and
(c) there shall be no mortgage balance nor any Leasehold Mortgage at the end of the Term.
Financing Terms. The terms of the Secured Notes, the terms and conditions of the Convertible Secured Notes and the New ABL Facility (including but not limited to terms and conditions relating to the interest rate, fees, amortization, maturity, subordination, covenants, events of default and remedies), shall be consistent in all material respects with the terms set forth herein and in the RSAs and otherwise reasonably satisfactory in all respects to the Commitment Parties.
Financing Terms. The Financing granted under this Borrowing Agreement will be governed by the following terms:
Financing Terms. Concurrent with the execution of this Agreement, ABX and AZ shall execute and deliver the Purchase Agreement (together with all other documents, instruments and agreements (other than this Agreement) required to be executed and delivered in connection with such agreement) (collectively, the “Financing Documents”).
