HVCRE definition
Examples of HVCRE in a sentence
Borrower shall at all times cause the Development to remain in full compliance with all required equity thresholds and capital retention obligations set forth in Part 217 of Chapter II of title 12 of the Code of Federal Regulations (HVCRE regulations) such that the Development would not, in the determination of Lender need to be classified as High Volatility Commercial Real Estate.
Any such written notice will include reasonable backup documentation evidencing the HVCRE Related Costs.
Lender must be satisfied, in its sole but good faith discretion, that there is no material risk that the Loan could be classified as an HVCRE Loan and Borrower shall take any and all actions required by applicable regulations so as to ensure the same.
Borrower shall have demonstrated to Administrative Agent’s satisfaction that Borrower has contributed equity or incurred costs in connection with and allocable entirely to the Property such that the Loan is not classified as HVCRE.
Notwithstanding anything to the contrary set forth herein or in any other Loan Document, Administrative Agent shall not be obligated to authorize any Advance hereunder which could, in Administrative Agent’s or the Lenders’ sole discretion, cause the Loan to be classified as HVCRE.
Notwithstanding anything herein to the contrary, Borrower shall not make any distribution of cash or other property to its constituent direct and indirect owners which could cause the Loan to be classified as an HVCRE Loan, and in any event shall at all times maintain sufficient cash equity invested in the Property to ensure that the Loan is not categorized as an HVCRE Loan.
Further, notwithstanding anything herein to the contrary, Borrower shall not make any distribution which could cause the Loan to be HVCRE.
Each Lender acknowledges that it has, independently and without reliance on Agent or any other Lender or any of their Related Parties and based on such documents and information as it has deemed appropriate, made its own credit analysis and decision to enter into this Agreement and has made its own, independent determination regarding whether the Loan should be classified as HVCRE.
Borrower shall, and shall cause Mortgage Borrower to, at all times maintain sufficient equity in the Property to ensure that the Loan is not categorized as HVCRE.
A certificate of Administrative Agent setting forth the amount of cash equity necessary to satisfy the HVCRE Threshold as provided in this Section shall be conclusive absent manifest error.