Common use of The Commitment Clause in Contracts

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default has occurred and is continuing, the Bank agrees, from time to time during the period from the date hereof to the expiration date as provided in Section ~2.6 hereof, to make Company Subsidiary Loans to, or on behalf of, Company Subsidiaries, provided, however, that the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans shall not exceed the lesser of (i) the aggregate approved principal amount of all Company Subsidiary Loans which have been approved by Bank under this Agreement from time to time, or (ii) the amount permitted by the lesser of (a) the loan policy guidelines adopted by the Bank from time to time or (b) any regulatory limitations applicable to the Bank which are now or hereafter in effect (the "Commitment"). (b) Company Subsidiary Loans approved by Bank from time to time as provided herein shall be used by Company Subsidiaries solely for the purpose of funding or financing the purchase of Mortgage Loans, or for the consolidation and refinancing of then existing Company Subsidiary Loans against the pledge of such Mortgage Loans. (c) All Company Subsidiary Loans outstanding prior to the date of this Agreement for the purpose of funding or financing the purchase of Pledged Mortgage Loans shall be treated as having been issued under, and shall be subject to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effect. (d) The warehousing credit line extended by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary of the Company shall be separate from and shall not be subject to this Agreement except as specifically otherwise provided in this Agreement.

Appears in 1 contract

Sources: Master Credit and Security Agreement (Franklin Credit Management Corp/De/)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank agrees, Lender agrees from time to time during the period from the date hereof to Closing Date to, but not including, the expiration date as provided in Section ~2.6 hereofMaturity Date, to make Company Subsidiary Loans toAdvances to the Company, or on behalf of, Company Subsidiaries, provided, however, that provided the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans Advances shall not exceed the lesser Commitment Amount. The obligation of (i) the aggregate approved principal amount Lender to make Advances hereunder up to the Commitment Amount is hereinafter referred to as the "Commitment." Within the Commitment, the Company may borrow, repay and reborrow. Effective as of the date of this Agreement, all Company Subsidiary Loans which have been approved by Bank outstanding loans made pursuant to the Warehousing Credit and Security Agreement shall for all purposes be deemed to be Advances made under this Agreement. All Advances under this Agreement from time to timeshall constitute a single indebtedness, or (ii) and all of the amount permitted by Collateral shall be security for the lesser Note and for the performance of (a) all the loan policy guidelines adopted by the Bank from time to time or (b) any regulatory limitations applicable to the Bank which are now or hereafter in effect (the "Commitment")Obligations. (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by the Company Subsidiaries solely for the purpose of funding the acquisition or financing origination of Eligible Loans and shall be made at the purchase request of Mortgage Loansthe Company, or for in the consolidation and refinancing of then existing Company Subsidiary Loans manner hereinafter provided in Section 2.2 hereof, against the pledge of such Eligible Loans as Collateral therefor. The limitations on the use of Advances set forth on EXHIBIT M attached hereto and made a part hereof shall be applicable. In addition, the following limitations on the use of Advances shall be applicable: (1) No Advance shall be made against any Mortgage LoansLoan which was closed more than 90 days prior to the date of the requested Advance. (2) No Advance shall be made against a Mortgage Loan other than a Mortgage Loan secured by a Mortgage on real property located in one of the states of the United States or the District of Columbia. (c) All Company Subsidiary Loans outstanding prior No Advance shall exceed the following amount applicable to the date type of this Agreement for Eligible Loan at the purpose of funding or financing the purchase of Pledged Mortgage Loans shall be treated as having been issued under, and shall be subject time it is pledged to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loansecure an Advance hereunder: (1) For an Eligible Loan pledged hereunder, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, amount set forth on EXHIBIT M attached hereto and except that any Default under any such loan, which has not been cured or waived, shall remain in effectmade a part hereof. (d) The warehousing credit line extended by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary of the Company shall be separate from and shall not be subject to this Agreement except as specifically otherwise provided in this Agreement.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (Finet Com Inc)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the expiration date as provided in Section ~2.6 hereofTermination Date, to make Company Subsidiary Loans toAdvances to the Company, or on behalf of, Company Subsidiaries, provided, however, that provided the sum of the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans Advances shall not exceed TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00). The obligation of the lesser of (i) Lender to make Advances hereunder up to such limit is hereinafter referred to as the aggregate approved principal amount of all "Commitment." Within the Commitment, the Company Subsidiary Loans which have been approved by Bank may borrow, repay and reborrow. All Advances under this Agreement from time to timeshall constitute a single indebtedness, or (ii) and all of the amount permitted by Collateral shall be security for the lesser Note and for the performance of (a) all the loan policy guidelines adopted by Obligations of the Bank from time to time or (b) any regulatory limitations applicable Company to the Bank which are now or hereafter in effect (the "Commitment")Lender. (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by the Company Subsidiaries solely for the purpose of funding the acquisition or financing the purchase origination of Eligible Mortgage Loans, or for as specified in the consolidation Advance Request and refinancing none other, and shall be made at the request of then existing the Company Subsidiary Loans in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans which are not Eligible Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed TEN MILLION AND NO/100 DOLLARS ($10,000,000.00). (3) The aggregate amount of Subwarehouse Mortgage Loan Advances outstanding at any one time shall not exceed TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.00). (4) The aggregate amount of Aged Mortgage Loan Advances outstanding at any one time shall not exceed ONE MILLION AND NO/100 DOLLARS ($1,000,000.00) (5) The aggregate amount of Second Mortgage Loan Advances outstanding at any one time shall not exceed Seven million Dollars ($7,000,000). (c) All Company Subsidiary Loans outstanding prior No Advance shall exceed the following amounts applicable to the date type of this Agreement for the purpose of funding or financing the purchase of Pledged Mortgage Loans shall be treated Collateral, determined as having been issued under, and shall be subject to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loan, date the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effectCollateral is pledged to Lender. (d) The warehousing credit line extended by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary of the Company shall be separate from and shall not be subject to this Agreement except as specifically otherwise provided in this Agreement.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (First NLC Financial Services Inc)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank agrees, Lender agrees from time to time during the period from the date hereof to Closing Date, to, but not including, the expiration date as provided in Section ~2.6 hereofMaturity Date, to make Company Subsidiary Loans toAdvances to the Company, or on behalf of, Company Subsidiaries, provided, however, that provided the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans Advances shall not exceed the lesser Commitment Amount. The obligation of (i) the aggregate approved principal amount Lender to make Advances hereunder up to such limit, is hereinafter referred to as the "Commitment." Within the Commitment, the Company may borrow, repay and reborrow. Effective as of the date of this Agreement, all Company Subsidiary Loans which have been approved by Bank outstanding loans made pursuant to the Original Agreement shall for all purposes be deemed to be Advances made under this Agreement. All Advances under this Agreement from time to timeshall constitute a single indebtedness, or (ii) and all of the amount permitted by Collateral shall be security for the lesser Note and for the performance of (a) all the loan policy guidelines adopted by the Bank from time to time or (b) any regulatory limitations applicable to the Bank which are now or hereafter in effect (the "Commitment").Obligations. 130 (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by the Company Subsidiaries solely for the purpose of (i) funding the acquisition or financing origination of Mortgage Loans or (ii) reimbursing the purchase Company for its funding the acquisition or origination of Mortgage Loans, or for and shall be made at the consolidation and refinancing request of then existing Company Subsidiary Loans the Company, in the manner hereinafter provided in Section 2.2 hereof, against the pledge of such Mortgage LoansLoans as Collateral therefor. The following limitations on the use of Advances shall be applicable: (1) No Advance shall be made against a Mortgage Loan other than a Single-family Mortgage Loan and no Construction Advance shall be made against a Construction/Perm Mortgage Loan which is not a single-family detached dwelling. (c2) All Company Subsidiary Loans No Advance shall be made against a Mortgage Loan which is not covered by a Purchase Commitment. (3) No Advance shall be made against a Home Equity Mortgage Loan. (4) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed thirty-five percent (35%) of the Commitment Amount. (5) The aggregate amount of Construction Advances outstanding at any one time shall not exceed Five Million Dollars ($5,000,000). (6) The aggregate amount of Nonconforming Advances outstanding at any one time shall not exceed One Million Dollars ($1,000,000). (7) No Ordinary Warehousing Advance (other than a Construction/Permanent Mortgage Loan) shall be made against any Mortgage Loan which was closed more than ninety (90) days prior to the date of this Agreement for the purpose of funding or financing the purchase of Pledged Mortgage Loans shall be treated as having been issued under, and shall be subject to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effectrequested Advance. (d) The warehousing credit line extended by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary of the Company shall be separate from and shall not be subject to this Agreement except as specifically otherwise provided in this Agreement.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (U S Home Corp /De/)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to the expiration date as (unless such period is earlier determined pursuant hereto) make Advances to the Company, provided in Section ~2.6 hereof, to make Company Subsidiary Loans to, or on behalf of, Company Subsidiaries, provided, however, that the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans Advances shall not exceed Fifteen Million Dollars ($15,000,000). The obligation of the lesser of (i) the aggregate approved principal amount of all Company Subsidiary Loans which have been approved by Bank under this Agreement from time Lender to time, make Advances hereunder up to such limit or (ii) the amount permitted by the lesser of (ato which such limit may be reduced pursuant to Section ------- 2.7(b) the loan policy guidelines adopted by the Bank from time hereof, is hereinafter referred to time or (b) any regulatory limitations applicable to the Bank which are now or hereafter in effect (as the "Commitment"). Within the ------ Commitment, the Company may borrow, repay and reborrow. (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by the Company Subsidiaries solely for the purpose of funding or financing the origination and/or purchase of Mortgage LoansLoans and shall be made at the request of the Company, or for in the consolidation and refinancing of then existing Company Subsidiary Loans manner hereinafter provided in Section 2.2, ----------- against the pledge of such Mortgage Loans. No Advance shall be made against any Mortgage Loan which is not covered by a Purchase Commitment. Such Purchase Commitment shall include a direction by the Company to the Investor of such Mortgage Loan to pay the purchase price of such Mortgage Loan to the Lender. (c) All Company Subsidiary Loans outstanding prior to Each Advance shall cover only one Mortgage Loan. No Advance shall exceed the date Collateral Value of this Agreement the related Mortgage Loan for which the purpose of funding or financing the purchase of Pledged Mortgage Loans shall be treated as having been issued underAdvance is made, unless such excess is collateralized by cash in a restricted cash and shall be subject to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict collateral account with the terms of the loan documentation for such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effectLender. (d) The warehousing credit line extended by the Bank to Tribeca Lending Corporationaggregate amount of all outstanding Advances funded through Wet Settlements shall not, a New York corporation and a Subsidiary of the Company shall be separate from and shall not be subject to this Agreement except as specifically otherwise provided in this Agreementat any time, exceed $3,000,000.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Preferred Credit Corp)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank agrees, Lender agrees from time to time during the period from the date hereof Closing Date to, but not including, the Maturity Date to make Term Loan Advances to the expiration date as Borrower, provided in Section ~2.6 hereof, to make Company Subsidiary Loans to, or on behalf of, Company Subsidiaries, provided, however, that the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans Advances shall not exceed the lesser Commitment Amount. The obligation of (i) the aggregate approved principal amount of all Company Subsidiary Loans which have been approved by Bank Lender to make Advances hereunder up to the Commitment Amount is hereinafter referred to as the "Commitment." Amounts repaid on the Advances may not be re- borrowed. All Advances under this Agreement from time to timeshall constitute a single indebtedness, or (ii) and all of the amount permitted by Collateral shall be security for the lesser Promissory Note and for the performance of (a) all the loan policy guidelines adopted by the Bank from time to time or (b) any regulatory limitations applicable to the Bank which are now or hereafter in effect (the "Commitment")Obligations. (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by Company Subsidiaries the Borrower solely for the purpose of funding or financing the purchase of Mortgage Loans, or for the consolidation and (i) refinancing of then existing Company Subsidiary Loans Debt outstanding against the pledge Pledged Certificates, (ii) paying liabilities of such Mortgage Loans. the Guarantor in connection with the financing of certain assets of the Guarantor that are being liquidated, (ciii) All Company Subsidiary Loans outstanding prior to general corporate purposes, and (iv) paying the date of this Agreement for the purpose of funding or financing the purchase of Pledged Mortgage Loans shall be treated as having been issued underCommitment Fee, and shall be subject to made at the covenants ofrequest of the Borrower, this Agreementin the manner hereinafter provided in Section 2.4 hereof. The Company following limitations on the Advances shall cause all of its Subsidiaries which have such Company Subsidiary Loans be applicable: (1) No Advance shall be made if, after giving effect thereto, the aggregate outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms principal balance of the loan documentation for such a Company Subsidiary Loan, Advances would exceed the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effect. (d) The warehousing credit line extended by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary Residual Interest Collateral Value as of the Company shall be separate from and shall not be subject to this Agreement except as specifically otherwise provided in this Agreementdate of such Advance.

Appears in 1 contract

Sources: Term Loan and Security Agreement (Novastar Financial Inc)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the expiration date as provided in Section ~2.6 hereofTermination Date, to make Company Subsidiary Loans toAdvances to the Company, or on behalf of, Company Subsidiaries, provided, however, that provided the sum of the total aggregate principal amount which is outstanding at any one time of all such Advances plus the aggregate Purchase Prices of all Securities which have not been repurchased by the Company Subsidiary Loans under the Master Repurchase Agreement shall not exceed FORTY MILLION AND NO/100 DOLLARS ($40,000,000.00). The obligation of the lesser of (i) Lender to make Advances hereunder up to such limit is hereinafter referred to as the aggregate approved principal amount of all "Commitment." Within the Commitment, the Company Subsidiary Loans which have been approved by Bank may borrow, repay and reborrow. All Advances under this Agreement from time shall constitute a single indebtedness, and all of the Collateral shall be security for the Note and for the performance of all the Obligations of the Company to timethe Lender. Notwithstanding anything contained herein to the contrary or otherwise, or (ii) each purchase of Securities by the Lender under the Master Repurchase Agreement will automatically reduce by the amount permitted by of the lesser of (a) purchase price for such Securities, dollar for dollar, the loan policy guidelines adopted by principal amount available to be borrowed within the Bank from time to time or (b) any regulatory limitations applicable to Commitment for so long as that purchase is outstanding under the Bank which are now or hereafter in effect (the "Commitment")Master Repurchase Agreement. (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by the Company Subsidiaries solely for the purpose of funding the acquisition or financing the purchase origination of Mortgage Loans, or for as specified in the consolidation Advance Request and refinancing none other, and shall be made at the request of then existing the Company Subsidiary Loans in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans which are not Eligible Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00). (3) The aggregate amount of Advances against Second Mortgage Loans outstanding at any one time shall not exceed FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00). (4) The aggregate amount of Advances against Aged Mortgage Loans outstanding at any one time shall not exceed FOUR MILLION AND NO/100 DOLLARS ($4,000,000.00). (c) All Company Subsidiary Loans outstanding prior No Advance against a Mortgage Loan shall exceed an amount equal to 99% of the Collateral Value of such Mortgage Loan, to be determined as of the date of this Agreement for the purpose of funding or financing the purchase of Pledged such Mortgage Loans shall be treated as having been issued under, and shall be subject Loan is pledged to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effectLender. (d) The warehousing credit line extended by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary of the Company shall be separate from and shall not be subject to this Agreement except as specifically otherwise provided in this Agreement.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (E Loan Inc)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the expiration date as provided in Section ~2.6 hereofTermination Date, to make Company Subsidiary Loans toAdvances to the Company, or on behalf of, Company Subsidiaries, provided, however, that provided the sum of the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans Advances shall not exceed FIFTY MILLION AND N0/100 DOLLARS ($50,000,000.00). The obligation of the lesser of (i) Lender to make Advances hereunder up to such limit is hereinafter referred to as the aggregate approved principal amount of all "Commitment." Within the Commitment, the Company Subsidiary Loans which have been approved by Bank may borrow, repay and reborrow. All Advances under this Agreement from time to timeshall constitute a single indebtedness, or (ii) and all of the amount permitted by Collateral shall be security for the lesser Note and for the performance of (a) all the loan policy guidelines adopted by Obligations of the Bank from time to time or (b) any regulatory limitations applicable Company to the Bank which are now or hereafter in effect (the "Commitment")Lender. (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by the Company Subsidiaries solely for the purpose of funding the acquisition or financing the purchase origination of Mortgage Loans, or for as specified in the consolidation Advance Request and refinancing none other, and shall be made at the request of then existing the Company Subsidiary Loans in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans which are not Eligible Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed SEVENTEEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($17,500,000.00). (3) The aggregate amount of Advances against Second Mortgage Loans outstanding at any one time shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00). (4) The aggregate amount of Advances against Aged Mortgage Loans outstanding at any one time shall not exceed FIVE MILLION AND N0/100 DOLLARS ($5,000,000.00). (c) All Company Subsidiary Loans outstanding prior Advances against a Mortgage Loan that is not a Subprime Mortgage Loan or a Second Mortgage Loan shall not exceed, in the aggregate, an amount equal to 100% of the Collateral Value of such Mortgage Loan, to be determined as of the date of this Agreement for the purpose of funding or financing the purchase of Pledged such Mortgage Loans shall be treated as having been issued under, and shall be subject Loan is pledged to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effectLender. (d) The warehousing credit line extended by Advances against a Mortgage Loan that is a Subprime Mortgage Loan or a Second Mortgage Loan shall not exceed, in the Bank aggregate, an amount equal to Tribeca Lending Corporation, a New York corporation and a Subsidiary 95% of the Company shall Collateral Value of such Mortgage Loan, to be separate from and shall not be subject determined as of the date such Mortgage Loan is pledged to this Agreement except as specifically otherwise provided in this Agreementthe Lender.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (BNC Mortgage Inc)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank each Lender severally and not jointly agrees, from time to time during the period from the date hereof to up to, but not including the expiration date as provided in Section ~2.6 hereofMaturity Date, to make Company Subsidiary Loans to, or on behalf of, Company SubsidiariesAdvances to the Borrower, provided, however, that (1) the sum of the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans Advances shall not exceed the lesser Commitment, and (2) no Lender’s portion of (i) the Advances shall exceed such Lender’s Commitment Amount. The aggregate approved principal amount of all Company Subsidiary Loans which have been approved by Bank under this Agreement from time to time, or (ii) the amount permitted by the lesser of (a) the loan policy guidelines adopted by the Bank Advances outstanding from time to time or (b) any regulatory limitations applicable hereunder may hereinafter collectively be referred to as the Bank which are now or hereafter in effect (“Loan.” Within the "Commitment"), the Borrower may borrow, repay and reborrow. All Advances under this Agreement shall constitute a single indebtedness, and all of the Collateral shall be security for the Notes and for the performance of all the Obligations of the Borrower. (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by Company Subsidiaries the Borrower solely for the purpose of funding or financing the purchase origination of Mortgage LoansEligible Loans as specified in the Advance Request, or for and none other, and shall be made at the consolidation and refinancing request of then existing Company Subsidiary Loans the Borrower in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans, and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. (c) All Company Subsidiary Loans outstanding prior In addition to the date of this Agreement for the purpose of funding or financing the purchase of Pledged Mortgage Loans shall be treated as having been issued under, and shall be subject to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages limitations set forth in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loaneach Advance to fund an Eligible Loan shall be limited to the lesser of (x) the Mortgage Note Amount, which has not been cured or waived, shall remain in effect(y) the Committed Purchase Price amount. (d) The warehousing credit line extended by In the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary event at any time the outstanding principal balance of the Company Loan should exceed the lesser of (x) the Commitment or (y) the aggregate Collateral Value of all Eligible Loans against which Advances are then outstanding, the Borrower shall be separate from repay such excess amount on demand to the Agent so that the outstanding principal balance of the Loan is in compliance with the terms and provisions hereof. (e) The Lenders shall not be subject have no obligation to this Agreement except as specifically otherwise provided in this Agreementmake any Advances hereunder to fund the origination of ▇▇▇▇▇▇ Mae DUS Mortgage Loans, Other ▇▇▇▇▇▇ ▇▇▇ Mortgage Loans or ▇▇▇▇▇▇▇ Mac Loans if Standard & Poor’s reduces the credit rating of ▇▇▇▇▇▇ ▇▇▇ (with respect to ▇▇▇▇▇▇ Mae DUS Mortgage Loans or Other ▇▇▇▇▇▇ ▇▇▇ Mortgage Loans) or ▇▇▇▇▇▇▇ Mac (with respect to ▇▇▇▇▇▇▇ Mac Loans) to A or lower (or another Rating Agency reduces such credit rating to a comparable rating).

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (Centerline Holding Co)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank each Lender severally and not jointly agrees, from time to time during the period from the date hereof to up to, but not including the expiration date as provided in Section ~2.6 hereofMaturity Date, to make Company Subsidiary Loans to, or on behalf of, Company SubsidiariesAdvances to the Borrower, provided, however, that (1) the sum of the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans Advances shall not exceed the lesser Commitment, and (2) no Lender's portion of (i) the Advances shall exceed such Lender's Commitment Amount. The aggregate approved principal amount of all Company Subsidiary Loans which have been approved by Bank under this Agreement from time to time, or (ii) the amount permitted by the lesser of (a) the loan policy guidelines adopted by the Bank Advances outstanding from time to time or (b) any regulatory limitations applicable hereunder may hereinafter collectively be referred to the Bank which are now or hereafter in effect (as the "Loan." Within the Commitment"), the Borrower may borrow, repay and reborrow. All Advances under this Agreement shall constitute a single indebtedness, and all of the Collateral shall be security for the Notes and for the performance of all the Obligations of the Borrower. (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by Company Subsidiaries the Borrower solely for the purpose of funding or financing the purchase origination of Mortgage LoansEligible Loans as specified in the Advance Request, or for and none other, and shall be made at the consolidation and refinancing request of then existing Company Subsidiary Loans the Borrower in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans, and such other collateral as is set forth in Section 3.3 hereof as Collateral therefor. (c) All Company Subsidiary Loans outstanding prior In addition to the date of this Agreement for the purpose of funding or financing the purchase of Pledged Mortgage Loans shall be treated as having been issued under, and shall be subject to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages limitations set forth in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loaneach Advance to fund an Eligible Loan shall be limited to the lesser of (x) the Mortgage Note Amount, which has not been cured or waived, shall remain in effect(y) the Committed Purchase Price amount. (d) The warehousing credit line extended by In the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary event at any time the outstanding principal balance of the Company Loan should exceed the lesser of (x) the Commitment or (y) the aggregate Collateral Value of all Eligible Loans against which Advances are then outstanding, the Borrower shall be separate from repay such excess amount on demand to the Agent so that the outstanding principal balance of the Loan is in compliance with the terms and shall not be subject to this Agreement except as specifically otherwise provided in this Agreementprovisions hereof.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (Centerline Holding Co)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the expiration date as provided in Section ~2.6 hereofTermination Date, to make Company Subsidiary Loans toAdvances to the Borrowers, or on behalf of, Company Subsidiaries, provided, however, that provided the sum of the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans shall not exceed the lesser of (i) the aggregate approved principal amount of all Company Subsidiary Loans which have been approved by Bank under this Agreement from time to time, or (ii) the amount permitted by the lesser of (a) the loan policy guidelines adopted by the Bank from time to time or (b) any regulatory limitations applicable to the Bank which are now or hereafter in effect (the "Commitment").amount (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by Company Subsidiaries a Borrower solely for the purpose of funding the acquisition of Eligible Mortgage Loans or financing the purchase of Eligible Non-Conforming Mortgage Loans, Loans or for working capital purposes with respect to Advances against Investment Grade Securities, and none other, and shall be made at the consolidation and refinancing request of then existing Company Subsidiary Loans such Borrower in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans, Investment Grade Securities, and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans that are not Eligible Mortgage Loans or Eligible Non-Conforming Mortgage Loans. (2) The aggregate amount of Advances outstanding at any one time against Delinquent "30 - 59" Loans shall not exceed five percent (5%) of the aggregate amount of all Advances outstanding at the time of any determination. (3) The aggregate amount of Advances outstanding at any one time against Delinquent "60 - 89" Loans shall not exceed two percent (2%) of the aggregate amount of all Advances outstanding at the time of any determination. (4) The aggregate amount of Advances against Second Mortgage Loans outstanding at any one time shall not exceed five percent (5%) of the aggregate amount of all Advances outstanding at the time of any determination. (5) The aggregate amount of Advances against Investment Grade Securities outstanding at any one time shall not exceed FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000.00) and of this amount, no more than FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) may be outstanding at any one time against Investment Grade I-O Strip Securities. (6) The aggregate amount of Advances against Aged Mortgage Loans outstanding at any one time shall not exceed twenty-five percent (25%) of the aggregate amount of all Advances outstanding at the time of any determination. (c) All Company Subsidiary Loans outstanding prior No Advance against an Eligible Mortgage Loan that is not a Second Mortgage Loan shall exceed an amount equal to 95% of the Collateral Value of such Mortgage Loan, to be determined as of the date of this Agreement for the purpose of funding or financing the purchase of Pledged such Mortgage Loans shall be treated as having been issued under, and shall be subject Loan is pledged to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effectLender. (d) The warehousing credit line extended by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary of the Company shall be separate from and shall not be subject to this Agreement except as specifically otherwise provided in this Agreement.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (Hanover Capital Mortgage Holdings Inc)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank each Lender severally and not jointly agrees, from time to time during the period from the date hereof to and including the expiration date as provided in Section ~2.6 hereofTermination Date, to make Company Subsidiary Loans to, or on behalf of, Company SubsidiariesAdvances to the Company, provided, however, that (1) the sum of the total aggregate principal amount which is outstanding at any one time of all such Advances shall not exceed the Aggregate Commitment Amount, and (2) no Lender’s portion of the Advances shall exceed such Lender’s Commitment Amount. Within the Commitment, the Company Subsidiary may borrow, repay and reborrow. All Advances under this Agreement shall constitute a single indebtedness, and all of the Collateral shall be security for the Notes and for the performance of all the Obligations of the Company. (b) Advances shall be used by the Company solely for the purpose of funding the acquisition or origination of Eligible Mortgage Loans, as specified in the Advance Request, and none other, and shall be made at the request of the Company in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans, and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans which are not Eligible Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed the lesser of (i) the aggregate approved principal amount of all Company Subsidiary Loans which have been approved by Bank under this Agreement from time to time, TWENTY-FOUR MILLION AND NO/100 DOLLARS ($24,000,000.00) or (ii) forty-three percent (43%) of the Aggregate Commitment Amount. (3) The aggregate amount permitted by the lesser of Advances against Aged Mortgage Loans outstanding at any one time shall not exceed ONE MILLION AND NO/100 DOLLARS (a) the loan policy guidelines adopted by the Bank from time to time or (b) any regulatory limitations applicable to the Bank which are now or hereafter in effect (the "Commitment"$1,000,000.00). (b4) Company Subsidiary The aggregate amount of Advances against HELOC Mortgage Loans approved by Bank from outstanding at any one time to shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00). (5) The aggregate amount of Advances against Repurchased Mortgage Loans outstanding at any one time as provided herein shall be used by Company Subsidiaries solely for the purpose of funding or financing the purchase of Mortgage Loans, or for the consolidation and refinancing of then existing Company Subsidiary Loans against the pledge of such Mortgage Loansnot exceed FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($500,000.00). (c) All Company Subsidiary Loans outstanding prior No Advance against an Eligible Mortgage Loan shall exceed the following amounts: (i) with respect to a Credit “A” Mortgage Loan that is not a Wamu Mortgage Loan, an amount equal to ninety-eight percent (98%) of the Collateral Value of such Mortgage Loan determined as of the date is pledged to the Agent; (ii) with respect to a Wamu Mortgage Loan, an amount equal to one hundred percent (100%) of the Collateral Value of such Mortgage Loan determined as of the date of this Agreement for the purpose of funding or financing the purchase of Pledged Mortgage Loans shall be treated as having been issued under, and shall be subject it is pledged to the covenants ofAgent; (iii) with respect to a HELOC Mortgage Loan, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding an amount equal to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms ninety-six percent (96%) of the loan documentation for Collateral Value of such Mortgage Loan determined as of the date it is pledged to the Agent; and (iv) with respect to a Company Subsidiary Repurchased Mortgage Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effect. an amount equal to eighty percent (d80%) The warehousing credit line extended by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary of the Company shall be separate from and shall not be subject Collateral Value of such Mortgage Loan determined as of the date it is pledged to this Agreement except as specifically otherwise provided in this Agreementthe Agent.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (Sirva Inc)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the expiration date as provided in Section ~2.6 hereofTermination Date, to make Company Subsidiary Loans to, or on behalf of, Company SubsidiariesAdvances to the Company, provided, however, that the sum of the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans Advances shall not exceed the lesser Commitment Amount. The obligation of (i) the aggregate approved principal amount of all Lender to make Advances hereunder up to but not exceeding the Commitment Amount is hereinafter referred to as the “Commitment”. Within the Commitment, the Company Subsidiary Loans which have been approved by Bank may borrow, repay and reborrow. All Advances under this Agreement from time to timeshall constitute a single indebtedness, or (ii) and all of the amount permitted by Collateral shall be security for the lesser Note and for the performance of (a) all the loan policy guidelines adopted by Obligations of the Bank from time to time or (b) any regulatory limitations applicable to the Bank which are now or hereafter in effect (the "Commitment")Company. (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by the Company Subsidiaries solely for the purpose of funding the acquisition or financing the purchase origination of Eligible Mortgage Loans, or for as specified in the consolidation Advance Request, and refinancing none other, and shall be made at the request of then existing the Company Subsidiary Loans in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans, and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans which are not Eligible Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed an amount equal to forty percent (40%) of the Commitment Amount at any time during the first and last five business days of any calendar month or thirty percent (30%) of the Commitment Amount at any other time during such calendar month.. (3) The aggregate amount of Advances against Aged Mortgage Loans outstanding at any one time shall not exceed TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.00). (4) The aggregate amount of Advances against HELOC Mortgage Loans outstanding at any one time shall not exceed TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.00). (5) The aggregate amount of Advances against all Jumbo Loans and Super Jumbo Loans outstanding at any one time shall not exceed SEVEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($7,500,000.00); provided, further however, that in no event shall the aggregate amount of Advances against Super Jumbo Loans outstanding at any one time exceed FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00).. (c) All Company Subsidiary Loans outstanding prior No Advance against an Eligible Mortgage Loan shall exceed the following amounts: (i) with respect to a Credit ”A” Mortgage Loan, an amount equal to ninety-eight percent (98%) of the Collateral Value of such Mortgage Loan determined as of the date is pledged to the Lender; (ii) with respect to a Relocation Mortgage Loan, an amount equal to ninety percent (90%) of the Collateral Value of such Mortgage Loan determined as of the date of this Agreement for the purpose of funding or financing the purchase of Pledged Mortgage Loans shall be treated as having been issued under, and shall be subject is pledged to the covenants ofLender; and (iii) with respect to a HELOC Mortgage Loan, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding an amount equal to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms ninety-six percent (96%) of the loan documentation for Collateral Value of such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effect. (d) The warehousing credit line extended by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary Mortgage Loan determined as of the Company shall be separate from and shall not be subject date it is pledged to this Agreement except as specifically otherwise provided in this Agreementthe Lender.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (Sirva Inc)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank agrees, Lender agrees from time to time during the period from the date hereof to Closing Date to, but not including, the expiration date as provided in Section ~2.6 hereofMaturity Date, to make Company Subsidiary Loans toAdvances to the Company, or on behalf of, Company Subsidiaries, provided, however, that provided the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans Advances shall not exceed the lesser Commitment Amount. The obligation of (i) the aggregate approved principal amount Lender to make Advances hereunder up to the Commitment Amount is hereinafter referred to as the "Commitment." Within the Commitment, the Company may borrow, repay and reborrow. Effective as of the date of this Agreement, all Company Subsidiary Loans which have been approved by Bank outstanding loans made pursuant to the Existing Credit Agreement shall for all purposes be deemed to be Advances made under this Agreement. All previous Advances and new Advances under this Agreement from time to timeshall constitute a single indebtedness, or (ii) and all of the amount permitted by Collateral shall be security for the lesser Note and for the performance of (a) all the loan policy guidelines adopted by the Bank from time to time or (b) any regulatory limitations applicable to the Bank which are now or hereafter in effect (the "Commitment")Obligations. 2.1 (b) Company Subsidiary Loans approved by Bank from time to time as provided herein b Advances shall be used by the Company Subsidiaries solely for the purpose of funding the acquisition or financing origination of Eligible Loans and shall be made at the purchase request of Mortgage Loansthe Company, or for in the consolidation and refinancing of then existing Company Subsidiary Loans manner hereinafter provided in Section 2.2 hereof, against the pledge of such Mortgage Loans.Eligible Loans as Collateral therefor. The limitations on the use of Advances set forth on Exhibit M attached hereto and made a part hereof shall be applicable. In addition, the following limitations on the use of Advances shall be applicable: (c1) All Company Subsidiary Loans outstanding No Advance, other than a Construction/Permanent Advance or an Unimproved Advance, shall be made against any Mortgage Loan which was closed more than 90 days prior to the date of this Agreement for the purpose of funding or financing the purchase of Pledged Mortgage Loans shall be treated as having been issued under, and shall be subject to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effectrequested Advance. (d2) The warehousing credit line extended No Advance shall be made against a Mortgage Loan other than a Mortgage Loan secured by a Mortgage on real property located in one of the states of the United States or the District of Columbia. (3) No Advance shall be made against an Unimproved Mortgage Loan unless all payments which were due and payable under the related Unimproved Mortgage Loan on or prior to the date of such Advance have been made. (4) No Advance shall be made against an Unimproved Mortgage Loan secured by property intended for commercial development, if the Mortgage Note Amount exceeds 80% of the fair market value of such property as determined by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary of the Company shall be separate from and shall not be subject to this Agreement except as specifically otherwise provided Lender in this Agreementits reasonable judgement.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (U S Home Corp /De/)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the expiration date as provided in Section ~2.6 hereofTermination Date, to make Company Subsidiary Loans toAdvances to the Company, or on behalf of, Company Subsidiaries, provided, however, that provided the sum of the total aggregate principal amount which is outstanding at any one time of all such Advances plus the aggregate Purchase Prices of all Securities which have not been repurchased by the Company Subsidiary Loans under the Master Repurchase Agreement shall not exceed TEN MILLION AND NO/100 DOLLARS ($10,000,000.00). The obligation of the lesser of (i) Lender to make Advances hereunder up to such limit is hereinafter referred to as the aggregate approved principal amount of all "Commitment." Within the Commitment, the Company Subsidiary Loans which have been approved by Bank may borrow, repay and reborrow. All Advances under this Agreement from time shall constitute a single indebtedness, and all of the Collateral shall be security for the Note and for the performance of all the Obligations of the Company to timethe Lender. Notwithstanding anything contained herein to the contrary or otherwise, or (ii) each purchase of Securities by the Lender under the Master Repurchase Agreement will automatically reduce by the amount permitted by of the lesser of (a) purchase price for such Securities, dollar for dollar, the loan policy guidelines adopted by principal amount available to be borrowed within the Bank from time to time or (b) any regulatory limitations applicable to Commitment for so long as that purchase is outstanding under the Bank which are now or hereafter in effect (the "Commitment")Master Repurchase Agreement. (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by the Company Subsidiaries solely for the purpose of funding the acquisition or financing the purchase origination of Eligible Mortgage Loans, or for as specified in the consolidation Advance Request and refinancing none other, and shall be made at the request of then existing the Company Subsidiary Loans in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans which are not Eligible Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time shall not exceed [*]. (3) The aggregate amount of Advances against Second Mortgage Loans outstanding at any one time shall not exceed [*]. (4) The aggregate amount of Advances against Aged Mortgage Loans outstanding at any one time shall not exceed [*]. (c) All Company Subsidiary Loans outstanding prior No Advance against an Eligible Mortgage Loan shall exceed an amount equal to [*] of the Collateral, Value of such Mortgage Loan, to be determined as of the date of this Agreement for the purpose of funding or financing the purchase of Pledged such Mortgage Loans shall be treated as having been issued under, and shall be subject Loan is pledged to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effectLender. (d) The warehousing credit line extended by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary of the Company shall be separate from and shall not be subject to this Agreement except as specifically otherwise provided in this Agreement.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (Iown Holdings Inc)

The Commitment. (a) ~ Subject to the terms and conditions of this Agreement and the Conditions Precedent described in Section 4.1 below, and provided no Default or Event of Default has occurred and is continuing, the Bank Lender agrees, from time to time during the period from the date hereof to and including the expiration date as provided in Section ~2.6 hereofTermination Date, to make Company Subsidiary Loans toAdvances to the Borrowers, or on behalf of, Company Subsidiaries, provided, however, that provided the sum of the total aggregate principal amount which is outstanding at any one time of all such Company Subsidiary Loans shall not exceed the lesser of (i) the aggregate approved principal amount of all Company Subsidiary Loans which have been approved by Bank under this Agreement from time to time, or (ii) the amount permitted by the lesser of (a) the loan policy guidelines adopted by the Bank from time to time or (b) any regulatory limitations applicable to the Bank which are now or hereafter in effect (the "Commitment").amount (b) Company Subsidiary Loans approved by Bank from time to time as provided herein Advances shall be used by Company Subsidiaries a Borrower solely for the purpose of funding the acquisition of Eligible Mortgage Loans or financing the purchase of Eligible Non-Conforming Mortgage Loans, Loans or for working capital purposes with respect to Advances against Investment Grade Securities, and none other, and shall be made at the consolidation and refinancing request of then existing Company Subsidiary Loans such Borrower in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans, Investment Grade Securities, and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to the following restrictions: (1) No Advance shall be made against Mortgage Loans that are not Eligible Mortgage Loans or Eligible Non-Conforming Mortgage Loans. (2) The aggregate amount of Advances outstanding at any one time against Delinquent "30 - 59" Loans shall not exceed five percent (5%) of the aggregate amount of all Advances outstanding at the time of any determination. (3) The aggregate amount of Advances outstanding at any one time against Delinquent "60 - 89" Loans shall not exceed two percent (2%) of the aggregate amount of all Advances outstanding at the time of any determination. (4) The aggregate amount of Advances against Second Mortgage Loans outstanding at any one time shall not exceed five percent (5%) of the aggregate amount of all Advances outstanding at the time of any determination. (5) The aggregate amount of Advances against Investment Grade Securities outstanding at any one time shall not exceed FIFTEEN MILLION AND NO/100 DOLLARS ($15,000,000.00) and of this amount, no more than FIVE MILLION AND NO/100 DOLLARS ($5,000,000.00) may be outstanding at any one time against Investment Grade I- O Strip Securities. (6) The aggregate amount of Advances against Aged Mortgage Loans outstanding at any one time shall not exceed twenty-five percent (25%) of the aggregate amount of all Advances outstanding at the time of any determination. (c) All Company Subsidiary Loans outstanding prior No Advance against an Eligible Mortgage Loan that is not a Second Mortgage Loan shall exceed an amount equal to 95% of the Collateral Value of such Mortgage Loan, to be determined as of the date of this Agreement for the purpose of funding or financing the purchase of Pledged such Mortgage Loans shall be treated as having been issued under, and shall be subject Loan is pledged to the covenants of, this Agreement. The Company shall cause all of its Subsidiaries which have such Company Subsidiary Loans outstanding to become parties to this Agreement by executing counterpart signature pages in the form of Exhibit E. In the event that the terms of this Agreement shall conflict with the terms of the loan documentation for such a Company Subsidiary Loan, the terms of this Agreement shall prevail, except for interest rate terms, which shall not be affected by the terms of this Agreement, and except that any Default under any such loan, which has not been cured or waived, shall remain in effectLender. (d) The warehousing credit line extended by the Bank to Tribeca Lending Corporation, a New York corporation and a Subsidiary of the Company shall be separate from and shall not be subject to this Agreement except as specifically otherwise provided in this Agreement.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (Hanover Capital Mortgage Holdings Inc)