Common use of The Commitment Clause in Contracts

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and is continuing, the Lender agrees, from time to time during the period from the date hereof to and including the Termination Date, to make Advances to the Company, provided the sum of the total aggregate principal amount outstanding at any one time of all such Advances shall not exceed TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00). The obligation of the 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. All Advances under this Agreement 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 the Lender. (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 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) No Advance shall exceed the following amounts applicable to the type of Collateral, determined as of the date the Collateral is pledged to Lender.

Appears in 1 contract

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

The Commitment. (a) Subject to On the terms and subject to the conditions of this Agreement Agreement, and provided that (i) no Default or Event of Default has occurred and is continuingcontinuing and (ii) the Lender has not elected pursuant to Section 2.6(a) hereof to cause the Debenture to be amortized, the Lender agrees, from time to time during the period from the date hereof to and including the Termination Date, agrees to make Advances a Loan to the Company, provided Borrower in the sum of the total aggregate principal amount outstanding at any one time of all such Advances shall not exceed TWENTY-FIVE MILLION AND NO/100 DOLLARS up to Three Million Dollars ($25,000,000.003,000,000). The obligation of , by disbursing the Lender proceeds thereof as Debenture Advances from the Closing Date to make Advances hereunder up to such limit is hereinafter referred to as but not including the "CommitmentMaturity Date." Within the Commitment, the Company may borrow, repay and reborrow. (b) All Debenture Advances under this Agreement shall constitute a single indebtednessthe Loan, and all of the Collateral shall be security for the Note Loan and Debenture and for the performance of all the Obligations of the Company Obligations, subject to the Lender. (b) Advances shall be used by the Company solely for the purpose priority 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 payment set forth in Section 3.1 hereof as Collateral therefor. Advances shall also be subject to 8.3 of the following restrictions: (1) No Advance shall be made against Mortgage Loans Warehouse Credit and Term Loan Agreement, 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)Section is hereby incorporated by reference. (c) The following limitations on Debenture Advances shall be applicable: (i) No Debenture Advance shall be made if, after giving effect thereto, the outstanding aggregate principal balance of all Debenture Advances would exceed the following amounts applicable to Loan Amount. (ii) Each Debenture Advance (other than the type initial Debenture Advance, which shall be made on the Closing Date) shall be made only on the first Business Day of Collaterala month, determined as in an amount not less than $100,000, and in an amount not more than the amount which would cause the outstanding aggregate amount of all Debenture Advances on the date of such Debenture Advance to exceed the Collateral is pledged maximum amount set forth below: Maximum Principal Amount of Debenture Period (Dates Inclusive) Advances Outstanding ------------------------ -------------------- Closing Date to Lender.April 30, 1999 $1,500,000 May 1, 1999 to Business Day immediately preceding Maturity Date $3,000,000

Appears in 1 contract

Sources: Loan and Security Agreement (Convertible Debt) and Floating Rate Convertible Debenture (Accredited Home Lenders Holding Co)

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and is continuing, the each Lender severally and not jointly agrees, from time to time during the period from the date hereof to and up to, but not including the Termination Maturity Date, to make Advances to the CompanyBorrower, provided provided, however, that (1) the sum of the total aggregate principal amount outstanding at any one time of all such Advances shall not exceed TWENTY-FIVE MILLION AND NO/100 DOLLARS the Commitment, and ($25,000,000.00)2) no Lender's portion of the Advances shall exceed such Lender's Commitment Amount. The obligation aggregate amount of the Lender all Advances outstanding from time to make Advances time hereunder up to such limit is may hereinafter collectively be referred to as the "CommitmentLoan." Within the Commitment, the Company 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 Note Notes and for the performance of all the Obligations of the Company to the LenderBorrower. (b) Advances shall be used by the Company Borrower solely for the purpose of funding the acquisition or origination of Eligible Mortgage Loans, Loans as specified in the Advance Request Request, and none other, and shall be made at the request of the Company Borrower in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans Loans, and such other collateral as is set forth in Section 3.1 3.3 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) No In addition to the limitations set forth in this Agreement, each Advance to fund an Eligible Loan shall be limited to the lesser of (x) the Mortgage Note Amount, or (y) the Committed Purchase Price amount. (d) In the event at any time the outstanding principal balance of the Loan should exceed the following amounts applicable lesser of (x) the Commitment or (y) the aggregate Collateral Value of all Eligible Loans against which Advances are then outstanding, the Borrower shall repay such excess amount on demand to the type of Collateral, determined as Agent so that the outstanding principal balance of the date Loan is in compliance with the Collateral is pledged to Lenderterms and provisions 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 provided no Default or Event of Default has occurred and is continuing, the each Lender severally and not jointly agrees, from time to time during the period from the date hereof to and up to, but not including the Termination Maturity Date, to make Advances to the CompanyBorrower, provided provided, however, that (1) the sum of the total aggregate principal amount outstanding at any one time of all such Advances shall not exceed TWENTY-FIVE MILLION AND NO/100 DOLLARS the Commitment, and ($25,000,000.00)2) no Lender’s portion of the Advances shall exceed such Lender’s Commitment Amount. The obligation aggregate amount of the Lender all Advances outstanding from time to make Advances time hereunder up to such limit is may hereinafter collectively be referred to as the "Commitment“Loan." Within the Commitment, the Company 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 Note Notes and for the performance of all the Obligations of the Company to the LenderBorrower. (b) Advances shall be used by the Company Borrower solely for the purpose of funding the acquisition or origination of Eligible Mortgage Loans, Loans as specified in the Advance Request Request, and none other, and shall be made at the request of the Company Borrower in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans 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) No In addition to the limitations set forth in this Agreement, each Advance to fund an Eligible Loan shall be limited to the lesser of (x) the Mortgage Note Amount, or (y) the Committed Purchase Price amount. (d) In the event at any time the outstanding principal balance of the Loan should exceed the following amounts applicable lesser of (x) the Commitment or (y) the aggregate Collateral Value of all Eligible Loans against which Advances are then outstanding, the Borrower shall repay such excess amount on demand to the type of Collateral, determined as Agent so that the outstanding principal balance of the date Loan is in compliance with the Collateral is pledged terms and provisions hereof. (e) The Lenders shall have no obligation to Lendermake 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 provided no Default or Event of Default has occurred and is continuing, the Lender agrees, from time to time during the period from the date hereof to and including the Termination Date, to make Advances to the Company, provided the sum of the total aggregate principal amount outstanding at any one time of all such Advances shall not exceed TWENTY-FIVE FIFTY MILLION AND NO/100 N0/100 DOLLARS ($25,000,000.0050,000,000.00). The obligation of the 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. All Advances under this Agreement 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 the Lender. (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 TEN SEVENTEEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($10,000,000.0017,500,000.00). (3) The aggregate amount of Subwarehouse Advances against Second Mortgage Loan Advances Loans outstanding at any one time shall not exceed TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($2,500,000.002,000,000.00). (4) The aggregate amount of Advances against Aged Mortgage Loan Advances Loans outstanding at any one time shall not exceed ONE FIVE MILLION AND NO/100 N0/100 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 ($7,000,0005,000,000.00). (c) No Advance Advances against a Mortgage Loan that is not a Subprime Mortgage Loan or a Second Mortgage Loan shall exceed not exceed, in the following amounts applicable aggregate, an amount equal to 100% of the type Collateral Value of Collateralsuch Mortgage Loan, to be determined as of the date the Collateral such Mortgage Loan is pledged to Lender. (d) Advances against a Mortgage Loan that is a Subprime Mortgage Loan or a Second Mortgage Loan shall not exceed, in the aggregate, an amount equal to 95% of the Collateral Value of such Mortgage Loan, to be determined as of the date such Mortgage Loan is pledged to the 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 provided no Default or Event of Default has occurred and is continuing, the each Lender severally and not jointly agrees, from time to time during the period from the date hereof to and including the Termination Date, to make Advances to the Company, provided provided, however, that (1) the sum of the total aggregate principal amount outstanding at any one time of all such Advances shall not exceed TWENTY-FIVE MILLION AND NO/100 DOLLARS the Aggregate Commitment Amount, and ($25,000,000.00). The obligation 2) no Lender’s portion of the Lender to make Advances hereunder up to shall exceed such limit is hereinafter referred to as the "Commitment." Lender’s Commitment Amount. Within the Commitment, the Company 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 Note Notes and for the performance of all the Obligations of the Company to the LenderCompany. (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 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 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 the lesser of (i) TWENTY-FOUR MILLION AND NO/100 DOLLARS ($10,000,000.00)24,000,000.00) or (ii) forty-three percent (43%) of the Aggregate Commitment Amount. (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 against Aged Mortgage Loan Advances Loans outstanding at any one time shall not exceed ONE MILLION AND NO/100 DOLLARS ($1,000,000.00). (4) The aggregate amount of Advances against HELOC Mortgage Loans outstanding at any one time shall not exceed TWO MILLION AND NO/100 DOLLARS ($2,000,000.00). (5) The aggregate amount of Second Advances against Repurchased Mortgage Loan Advances Loans outstanding at any one time shall not exceed Seven million Dollars FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($7,000,000500,000.00). (c) No Advance against an Eligible Mortgage Loan shall exceed the following amounts applicable 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 type Collateral Value of Collateral, such Mortgage Loan determined as of the date the Collateral is pledged to Lenderthe 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 it is pledged to the Agent; (iii) with respect to a HELOC Mortgage Loan, an amount equal to ninety-six percent (96%) of the Collateral Value of such Mortgage Loan determined as of the date it is pledged to the Agent; and (iv) with respect to a Repurchased Mortgage Loan, an amount equal to eighty percent (80%) of the Collateral Value of such Mortgage Loan determined as of the date it is pledged to the Agent.

Appears in 1 contract

Sources: Warehousing Credit and Security Agreement (Sirva Inc)

The Commitment. (a) Subject to The Lender agrees, on the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and is continuinghereinafter set forth, to make available advances (each an “Advance”) to the Lender agrees, Borrower from time to time on any Business Day during the period from the date hereof Availability Date until the relevant Commitment Termination Date (the “Commitment Period”) in an aggregate amount not to and including the Termination Date, to make Advances to the Company, provided the sum of the total exceed at any time an aggregate principal amount outstanding at any of $401,000,000 in three (3) Tranches as follows: (a) Up to the principal amount of $236,000,000 (“Tranche A”), in one time of all Advance; such Advances shall not exceed TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00). The obligation Advance to be applied by the Borrower, together with the proceeds of the Lender IPO, to make Advances hereunder assist the Initial Guarantors to finance up to such limit is hereinafter referred to as the "Commitment." Within the Commitment, the Company may borrow, repay and reborrow. All Advances under this Agreement shall constitute a single indebtedness, and all 100% of the Collateral shall be security for the Note and for the performance of all the Obligations purchase price of the Company to the Lender.Initial Vessels; (b) Advances Up to an aggregate principal amount of $15,000,000 (“Tranche B”), in one or more Advances, for working capital purposes; and (c) Up to an aggregate principal amount of $150,000,000 (“Tranche C”), in one or more Advances, whereof each such Advance shall be used applied by the Company solely for Borrower to assist a Guarantor to finance all or a portion of the purpose purchase price of funding an Additional Vessel under the acquisition or origination relevant Memorandum of Eligible Mortgage Loans, as specified in the Advance Request and none otherAgreement, and shall be made at the request an amount which, together with all other Advances of the Company in Commitment then outstanding, shall not exceed sixty-five percent (65%) of the manner hereinafter provided in Section 2.2, against aggregate amount of the pledge Fair Market Values of such Mortgage Loans and such other collateral as is set forth in Section 3.1 hereof as Collateral therefor. Advances shall also all Vessels which would be subject to a Mortgage immediately after the following restrictions: making of such Advance (1determined on the basis of the most recent valuation for each Vessel delivered pursuant to Section 3.03(c)(iv)). Within the limits of the Commitment and the relevant Tranche of the Commitment, and of Section 2.02 hereof, the Borrower may borrow under Section 2.01(b) 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). and (c), repay pursuant to Section 2.04 and reborrow under Section 2.01(b) No Advance shall exceed and (c); provided however, that no reborrowing will be permitted under Section 2.01(c) after the following amounts applicable to the type of Collateral, determined as fifth anniversary of the date of the Collateral is pledged to Lenderdrawdown of the first Advance.

Appears in 1 contract

Sources: Credit Agreement (Double Hull Tankers, Inc.)

The Commitment. (a) Subject to the terms and conditions of this Agreement and provided no Default or Event of Default has occurred and is continuing, the Lender agrees, from time to time during the period from the date hereof to and including the Termination Date, to make Advances to the CompanyBorrowers, provided the sum of the total aggregate principal amount outstanding at any one time of all such Advances shall not exceed TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00). The obligation of the 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. All Advances under this Agreement 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 the Lender.amount (b) Advances shall be used by the Company a Borrower solely for the purpose of funding the acquisition or origination of Eligible Mortgage LoansLoans or Eligible Non-Conforming Mortgage Loans or for working capital purposes with respect to Advances against Investment Grade Securities, as specified in the Advance Request and none other, and shall be made at the request of the Company such Borrower in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans 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 which that are not Eligible Mortgage Loans or Eligible Non-Conforming Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time against Delinquent "30 - 59" Loans shall not exceed TEN MILLION AND NO/100 DOLLARS five percent ($10,000,000.00)5%) of the aggregate amount of all Advances outstanding at the time of any determination. (3) The aggregate amount of Subwarehouse Mortgage Loan Advances outstanding at any one time against Delinquent "60 - 89" Loans shall not exceed TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS two percent ($2,500,000.00)2%) of the aggregate amount of all Advances outstanding at the time of any determination. (4) The aggregate amount of Aged Advances against Second Mortgage Loan Advances Loans outstanding at any one time shall not exceed ONE MILLION AND NO/100 DOLLARS five percent ($1,000,000.00)5%) of the aggregate amount of all Advances outstanding at the time of any determination. (5) The aggregate amount of Second Mortgage Loan Advances against Investment Grade Securities outstanding at any one time shall not exceed Seven million Dollars FIFTEEN MILLION AND NO/100 DOLLARS ($7,000,000)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) No Advance against an Eligible Mortgage Loan that is not a Second Mortgage Loan shall exceed an amount equal to 95% of the following amounts applicable Collateral Value of such Mortgage Loan, to the type of Collateral, be determined as of the date the Collateral such Mortgage Loan is pledged to Lender.

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 provided no Default or Event of Default has occurred and is continuing, the Lender agrees, from time to time during the period from the date hereof to and including the Termination Date, to make Advances to the Company, provided provided, however, the sum of the total aggregate principal amount outstanding at any one time of all such Advances shall not exceed TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00)the Commitment Amount. The obligation of the Lender to make Advances hereunder up to such limit but not exceeding the Commitment Amount is hereinafter referred to as the "Commitment." ”. Within the Commitment, the Company 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 Note and for the performance of all the Obligations of the Company to the LenderCompany. (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 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 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 an amount equal to forty percent ($10,000,000.00).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 Subwarehouse Advances against Aged Mortgage Loan Advances 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 Aged Advances against HELOC Mortgage Loan Advances Loans outstanding at any one time shall not exceed ONE TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($1,000,000.002,500,000.00). (5) The aggregate amount of Second Mortgage Loan Advances against all Jumbo Loans and Super Jumbo Loans outstanding at any one time shall not exceed Seven million Dollars SEVEN MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS ($7,000,0007,500,000.00).; 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) No Advance against an Eligible Mortgage Loan shall exceed the following amounts applicable amounts: (i) with respect to a Credit ”A” Mortgage Loan, an amount equal to ninety-eight percent (98%) of the type Collateral Value of Collateral, such Mortgage Loan determined as of the date the Collateral 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 is pledged to the Lender; and (iii) with respect to a HELOC Mortgage Loan, an amount equal to ninety-six percent (96%) of the Collateral Value of such Mortgage Loan determined as of the date it is pledged to the 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 provided no Default or Event of Default has occurred and is continuing, the each Lender severally and not jointly agrees, from time to time during the period from the date hereof to and up to, but not including the Termination Maturity Date, to make Advances to the CompanyBorrower, provided provided, however, that (1) the sum of the total aggregate principal amount outstanding at any one time of all such Advances shall not exceed TWENTY-FIVE MILLION AND NO/100 DOLLARS the Commitment, and ($25,000,000.00)2) no Lender’s portion of the Advances shall exceed such Lender’s Commitment Amount. The obligation aggregate amount of the Lender all Advances outstanding from time to make Advances time hereunder up to such limit is may hereinafter collectively be referred to as the "Commitment“Loan." Within the Commitment, the Company 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 Note Notes and for the performance of all the Obligations of the Company to the LenderBorrower. (b) Advances shall be used by the Company Borrower solely for the purpose of funding the acquisition or origination of Eligible Mortgage Loans, Loans as specified in the Advance Request Request, and none other, and shall be made at the request of the Company Borrower in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans 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) No In addition to the limitations set forth in this Agreement, each Advance to fund an Eligible Loan shall be limited to the lesser of (x) the Mortgage Note Amount, or (y) the Committed Purchase Price amount. (d) In the event at any time the outstanding principal balance of the Loan should exceed the following amounts applicable lesser of (x) the Commitment or (y) the aggregate Collateral Value of all Eligible Loans against which Advances are then outstanding, the Borrower shall repay such excess amount on demand to the type of Collateral, determined as Agent so that the outstanding principal balance of the date Loan is in compliance with the Collateral is pledged terms and provisions hereof. (e) The Lenders shall have no obligation to Lendermake any Advances hereunder to fund the origination of F▇▇▇▇▇ Mae DUS Mortgage Loans, Other F▇▇▇▇▇ M▇▇ Mortgage Loans or F▇▇▇▇▇▇ Mac Loans if Standard & Poor’s reduces the credit rating of F▇▇▇▇▇ M▇▇ (with respect to F▇▇▇▇▇ Mae DUS Mortgage Loans or Other F▇▇▇▇▇ M▇▇ Mortgage Loans) or F▇▇▇▇▇▇ Mac (with respect to F▇▇▇▇▇▇ 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 provided no Default or Event of Default has occurred and is continuing, the Lender agrees, from time to time during the period from the date hereof to and including the Termination Date, to make Advances to the CompanyBorrowers, provided the sum of the total aggregate principal amount outstanding at any one time of all such Advances shall not exceed TWENTY-FIVE MILLION AND NO/100 DOLLARS ($25,000,000.00). The obligation of the 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. All Advances under this Agreement 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 the Lender.amount (b) Advances shall be used by the Company a Borrower solely for the purpose of funding the acquisition or origination of Eligible Mortgage LoansLoans or Eligible Non-Conforming Mortgage Loans or for working capital purposes with respect to Advances against Investment Grade Securities, as specified in the Advance Request and none other, and shall be made at the request of the Company such Borrower in the manner hereinafter provided in Section 2.2, against the pledge of such Mortgage Loans 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 which that are not Eligible Mortgage Loans or Eligible Non-Conforming Mortgage Loans. (2) The aggregate amount of Wet Settlement Advances outstanding at any one time against Delinquent "30 - 59" Loans shall not exceed TEN MILLION AND NO/100 DOLLARS five percent ($10,000,000.00)5%) of the aggregate amount of all Advances outstanding at the time of any determination. (3) The aggregate amount of Subwarehouse Mortgage Loan Advances outstanding at any one time against Delinquent "60 - 89" Loans shall not exceed TWO MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS two percent ($2,500,000.00)2%) of the aggregate amount of all Advances outstanding at the time of any determination. (4) The aggregate amount of Aged Advances against Second Mortgage Loan Advances Loans outstanding at any one time shall not exceed ONE MILLION AND NO/100 DOLLARS five percent ($1,000,000.00)5%) of the aggregate amount of all Advances outstanding at the time of any determination. (5) The aggregate amount of Second Mortgage Loan Advances against Investment Grade Securities outstanding at any one time shall not exceed Seven million Dollars FIFTEEN MILLION AND NO/100 DOLLARS ($7,000,000)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) No Advance against an Eligible Mortgage Loan that is not a Second Mortgage Loan shall exceed an amount equal to 95% of the following amounts applicable Collateral Value of such Mortgage Loan, to the type of Collateral, be determined as of the date the Collateral such Mortgage Loan is pledged to Lender.

Appears in 1 contract

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