Defeasing definition
Examples of Defeasing in a sentence
Notwithstanding the foregoing, each Defeasing Seller shall be responsible for one hundred percent (100%) of all accrued and unpaid interest on its then Defeased Mortgage Loan to and through the Proration Date.
The Borrower will not, and will not permit any Subsidiary to, make any amendment or modification to the indenture, note or other agreement evidencing or governing any Subordinated Indebtedness, or directly or indirectly voluntarily prepay, defease (other than the Defeasing of Allowable Seller Paper) or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness before the stated maturity thereof.
The Defeasing Sellers shall deposit accrued interest under the Defeased Loans and Purchaser shall deposit the principal balance of the Defeased Mortgage Loans (as part of the Defeasance Collateral) with Escrow Agent (or another escrow agent designated by a Mortgage Lender’s servicer’s counsel) no later than noon (Eastern Time) at least one (1) Business Day prior to Closing.
On the Closing Date, upon confirmation from the applicable securities intermediary that it is in receipt of the Defeasance Collateral, the Escrow Agent (or another escrow agent designated by a Mortgage Lender’s servicer’s counsel) shall release the Defeasance Documents and the Defeasance Costs in accordance with joint written instructions of Purchasers and Defeasing Sellers consistent with this Agreement.
With respect to a Defeased Mortgage Loan (as defined below), such Defeased Mortgage Loan shall have been Defeased in accordance with the terms herein unless due to Defeasing Sellers’ failure to comply with its obligations under Section 5.2(a) and/or Section 14.4 of this Agreement or a Defeasing Seller’s failure to pay its share of any Defeasance Costs required hereunder.
Any residual value on account of the Defeasance Collateral (as defined below) shall be distributed pro rata by Defeasance Service Provider (as defined below) to Defeasing Seller and Purchaser, if applicable, in accordance with the sharing percentages set forth above.
Purchaser and the Defeasing Sellers shall deposit their respective share of the Defeasance Costs (as set forth in Section 10.1(c) hereof) with Escrow Agent (or another escrow agent designated by a Mortgage Lender’s servicer’s counsel) no later than noon (Eastern Time) at least one (1) Business Day prior to Closing.