Procedure for making Sample Clauses
Procedure for making a demand under a Performance Bond
(a) RfL(I) may either:
(i) apply all or any portion of the proceeds so received in or towards remedying, or procuring the remedy, of the relevant matter which gave rise to its entitlement to issue such demand; and/or
(ii) deposit all or any portion of the proceeds so received into an interest-bearing suspense account;
(b) any interest earned on the proceeds so deposited shall be for RfL(I)'s sole account; and
(c) to the extent that the Train Operator subsequently effects remediation of the relevant matter which gave rise to RfL(I)'s entitlement to issue such demand, then RfL(I) shall within a reasonable time transfer to the Train Operator such portion of the principal amount demanded under the Performance Bond as has not already been disbursed by RfL(I) in or towards itself remedying, or procuring the remedy, of the relevant matter which gave rise to RfL(I)'s entitlement to issue such demand.
Procedure for making. Claims against the PFI. If a notice of Realized Loss delivered pursuant to Section 4.4 includes an amount to be paid by the PFI pursuant to Section 4.3 (a) (iii) above and the PFI has not already advanced all of such amount to the Bank, the Bank shall immediately debit from the PFI's DDA that part of such amount not previously advanced. Further, in the event that the PFI fails to pay any amounts it is required to pay under this Contract at such time as it is required to do so, then at such time or thereafter, the Bank may debit such amounts from the PFI's DDA, and if such amounts are payable to a third party, to make the payment on behalf of the PFI, and if such amounts are payable to the Bank, to retain such amounts. In the event that any such debit from the PFI's DDA shall cause the balance in such account to become negative, such deficit shall be subject to the overdraft provisions of the depository agreement between the PFI and the Bank, which may include, without limitation, treating such overdraft as an advance under the Advances Agreement. In the event of the breach by the PFI of its obligation to make any payment due under this Contract, the Bank shall have all rights available at law or in equity, including specifically, but not limited to, (x) the right to terminate, in whole or in part, the rights of the PFI under this Contract, (y) the right of set-off against any funds of the PFI held by, or at, the Bank and (z) the right to realize upon any collateral pledged to the Bank to secure the PFI's obligations to the Bank.
Procedure for making a Permanent Loan ------------------------------------- Borrower may request that Lender cause Servicer to make a Permanent Loan to Borrower, which request shall specify (1) the Collateral Pool Property(ies) that will constitute the Permanent Loan Collateral, (2) the original principal amount of the requested Permanent Loan, (3) the related reduction in the Collateral Pool Value and the Maximum Facility Available, (4) whether Borrower has selected Lender's then current early rate lock delivery option, and (5) any payment or prepayment of a Borrowing Tranche, (ii) an Underwriting Fee for each Collateral Pool Property proposed by Borrower to be subject to the Permanent Loan, and (iii) the Underwriting Materials. Following receipt of such notice, the Underwriting Fee and the Underwriting Materials, Lender shall use best efforts to consent to Borrower's request within thirty (30) days of such notice, provided that (a) at the time of such request no Event of Default or Potential Default exists, (b) the permanent loan amount shall be in an amount not less than Five Million Dollars ($5,000,000.00), (c) the Permanent Loan shall be made in accordance with the terms and conditions of the Streamlined Refinancing Program, (d) after giving effect to such release no Event of Default or Potential Default shall exist and Borrower will be in compliance with all provisions hereof, including the Sublimits set forth in Section 2.1.1, further provided that if any Permanent Loan shall cause Borrower ------------- to be in non-compliance with the Sublimits, Borrower shall have the opportunity to cure the same, prior to the consummation of the Permanent Loan (which shall occur pursuant to the Streamlined Refinancing Program), by either adding a real property pursuant to Section 2.9, or prepaying, in accordance with the ----------- provisions of Section 4.3, so much of the Loan as is necessary to cause ----------- compliance with the Sublimits, (e) Borrower shall provide evidence to Lender of title insurance in form and substance acceptable to Lender and in the face amount of the Permanent Loan, (f) Borrower under the Permanent Loan shall execute and deliver such documents as Lender, in its discretion, may request in order to evidence the making of the Permanent Loan and in order to grant Lender a Prior Security Interest in the personal property and a first priority Lien on the real property constituting the Permanent Loan Collateral, and (g) Borrower shall pay Lender (1) a fee equ...