Application of Funds After the exercise of remedies provided for in Section 8.02 (or after the Loans have automatically become immediately due and payable and the L/C Obligations have automatically been required to be Cash Collateralized as set forth in the proviso to Section 8.02), any amounts received on account of the Obligations shall be applied by the Administrative Agent in the following order: First, to payment of that portion of the Obligations constituting fees, indemnities, expenses and other amounts (including fees, charges and disbursements of counsel to the Administrative Agent and amounts payable under Article III) payable to the Administrative Agent in its capacity as such; Second, to payment of that portion of the Obligations constituting fees, indemnities and other amounts (other than principal, interest and Letter of Credit Fees) payable to the Lenders and the L/C Issuer (including fees, charges and disbursements of counsel to the respective Lenders and the L/C Issuer and amounts payable under Article III), ratably among them in proportion to the respective amounts described in this clause Second payable to them; Third, to payment of that portion of the Obligations constituting accrued and unpaid Letter of Credit Fees and interest on the Loans, L/C Borrowings and other Obligations, ratably among the Lenders and the L/C Issuer in proportion to the respective amounts described in this clause Third payable to them;
Collection of Funds Except as permitted under this Indenture, the Indenture Trustee may demand payment or delivery of, and will receive and collect, directly the funds and other property payable to or to be received by the Indenture Trustee under this Indenture and the Sale and Servicing Agreement. The Indenture Trustee will apply the funds and other property received by it, and will make deposits to, and distributions from, the Bank Accounts, under this Indenture and the Sale and Servicing Agreement.
Provision of Funds (a) GMAC agrees to contribute and deposit in the Certificate Account on behalf of Residential Funding (or otherwise provide to Residential Funding, or to cause to be made available to Residential Funding), either directly or through a subsidiary, in any case prior to the related Distribution Date, such moneys as may be required by Residential Funding to perform its Subordinate Certificate Loss Obligation when and as the same arises from time to time upon the demand of the Trustee in accordance with Section 12.01 of the Servicing Agreement.
Distribution of Funds Deliver (i) to Seller, or order, the cash portion of the Purchase Price, adjusted for prorations, charges and other credits and debits provided for herein; and (ii) to Buyer, or order, any excess funds delivered to Escrow Agent by Buyer. Such funds shall be delivered by wire transfer or cashier’s check in accordance with instructions for Seller and Buyer; if no instructions are given, Escrow Agent shall deliver such funds by Escrow Agent’s check via overnight courier (or as otherwise requested by the intended recipient) to the appropriate party at the address set forth for notice in this Agreement.
Application of Funds Received It is anticipated that the Master Servicer will be collecting all payments with respect to the Mortgage Loans, any Serviced Companion Mortgage Loan and any B Note (other than payments with respect to REO Income). If, however, the Special Servicer should receive any payments with respect to any Mortgage Loan (other than REO Income) it shall, within one Business Day of receipt from the Mortgagor or otherwise of any amounts attributable to payments with respect to or the sale of any Mortgage Loan or any Specially Serviced Mortgage Loan, if any, (but not including REO Income, which shall be deposited in the applicable REO Account as provided in Section 9.14 hereof), either, (i) forward such payment (endorsed, if applicable, to the order of the Master Servicer), to the Master Servicer, or (ii) deposit such amounts, or cause such amounts to be deposited, in the Certificate Account. The Special Servicer shall notify the Master Servicer of each such amount received on or before the date required for the making of such deposit or transfer, as the case may be, indicating the Mortgage Loan or Specially Serviced Mortgage Loan to which the amount is to be applied and the type of payment made by or on behalf of the related Mortgagor.
Termination of Fund At any time following the first anniversary of the Closing Date, the Surviving Corporation shall be entitled to require the Paying Agent to deliver to it any funds (including any interest received with respect thereto) that had been made available to the Paying Agent and which have not been disbursed to holders of Certificates, and thereafter such holders shall be entitled to look only to Parent and the Surviving Corporation (subject to abandoned property, escheat or other similar Laws) as general creditors thereof with respect to the payment of any Merger Consideration that may be payable upon surrender of any Certificates held by such holders, as determined pursuant to this Agreement, without any interest thereon. Any amounts remaining unclaimed by such holders at such time at which such amounts would otherwise escheat to or become property of any Governmental Authority shall become, to the extent permitted by applicable Law, the property of Parent, free and clear of all claims or interest of any Person previously entitled thereto.
Payment of Funds Subject to the terms and conditions hereof, at the Closing:
Discretion of Banks as to Manner of Funding Notwithstanding any provision of this Agreement to the contrary, each Bank shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder shall be made as if such Bank had actually funded and maintained each Eurodollar Loan during each Interest Period for such Loan through the purchase of deposits having a maturity corresponding to such Interest Period and bearing an interest rate equal to the Eurodollar Rate for such Interest Period.
Discretion of Lender as to Manner of Funding Notwithstanding any other provision of this Agreement, each Lender shall be entitled to fund and maintain its funding of all or any part of its Loans in any manner it sees fit, it being understood, however, that for the purposes of this Agreement all determinations hereunder with respect to Eurodollar Loans shall be made as if each Lender had actually funded and maintained each Eurodollar Loan through the purchase of deposits in the interbank eurodollar market having a maturity corresponding to such Loan’s Interest Period, and bearing an interest rate equal to LIBOR for such Interest Period.
LIST OF FUNDS This Schedule A, as may be amended from time to time, is incorporated into that certain Agency Agreement dated April 30, 2010 by and between DST Systems, Inc. and Lord Xxxxxx Family of Funds. Capitalized terms used herein but not defined herein in this Schedule A have the meanings given to such terms in the Agreement. The following table is the list of the Funds within the Lord Xxxxxx Family of Funds. Registrants are listed in bold font and each Registrant’s Series, if any, are listed in italics immediately below the Registrant. LORD XXXXXX AFFILIATED FUND, INC. LORD XXXXXX BLEND TRUST Lord Xxxxxx Small-Cap Blend Fund LORD XXXXXX BOND-DEBENTURE FUND, INC. LORD XXXXXX DEVELOPING GROWTH FUND, INC. LORD XXXXXX GLOBAL FUND, INC. Lord Xxxxxx Global Allocation Fund Lord Xxxxxx Developing Local Markets Fund LORD XXXXXX INVESTMENT TRUST Lord Xxxxxx Convertible Fund Lord Xxxxxx Core Fixed Income Fund Lord Xxxxxx Floating Rate Fund Lord Xxxxxx High Yield Fund Lord Xxxxxx Income Fund Lord Xxxxxx Short Duration Income Fund Lord Xxxxxx Total Return Fund Lord Xxxxxx Balanced Strategy Fund Lord Xxxxxx Diversified Income Strategy Fund Lord Xxxxxx Growth & Income Strategy Fund Lord Xxxxxx Diversified Equity Strategy Fund LORD XXXXXX MID-CAP VALUE FUND, INC. 1 As amended on November 19, 2010 to reflect (1) the Reorganization of each of Lord Xxxxxx Connecticut Tax-Free Income Fund, Georgia Series, Lord Xxxxxx Hawaii Tax-Free Income Fund, Lord Xxxxxx Missouri Tax-Free Income Fund, and Pennsylvania Series into Lord Xxxxxx National Tax-Free Income Fund; and (2) the Redomestication of each of Lord Xxxxxx High Yield Municipal Bond Fund, Lord Xxxxxx Intermediate Tax-Free Fund, and Lord Xxxxxx Short Duration Tax Free Fund, as a series of Lord Xxxxxx Municipal Income Fund, Inc. LORD XXXXXX MUNICIPAL INCOME FUND, INC. Lord Xxxxxx AMT Free Municipal Bond Fund Lord Xxxxxx California Tax-Free Income Fund Lord Xxxxxx High Yield Municipal Bond Fund Lord Xxxxxx Intermediate Tax-Free Fund Lord Xxxxxx National Tax-Free Income Fund Lord Xxxxxx New Jersey Tax-Free Income Fund Lord Xxxxxx New York Tax-Free Income Fund Lord Xxxxxx Short Duration Tax Free Fund LORD XXXXXX RESEARCH FUND, INC. Lord Xxxxxx Capital Structure Fund Lord Xxxxxx Classic Stock Fund Lord Xxxxxx Growth Opportunities Fund Small-Cap Value Series LORD XXXXXX SECURITIES TRUST Lord Xxxxxx Alpha Strategy Fund Lord Xxxxxx Fundamental Equity Fund Lord Xxxxxx International Core Equity Fund Lord Xxxxxx International Dividend Income Fund Lord Xxxxxx International Opportunities Fund Lord Xxxxxx Large-Cap Value Fund Lord Xxxxxx Micro-Cap Growth Fund Lord Xxxxxx Micro-Cap Value Fund Lord Xxxxxx Value Opportunities Fund LORD XXXXXX SERIES FUND, INC. Bond-Debenture Portfolio Capital Structure Portfolio Classic Stock Portfolio Developing Growth Portfolio Fundamental Equity Portfolio Growth and Income Portfolio Growth Opportunities Portfolio International Core Equity Portfolio International Opportunities Portfolio Mid-Cap Value Portfolio Total Return Portfolio Value Opportunities Portfolio LORD XXXXXX STOCK APPRECIATION FUND LORD XXXXXX U.S. GOVERNMENT & GOVERNMENT SPONSORED ENTERPRISES
