Junior Participation definition
Examples of Junior Participation in a sentence
Each Junior Participation will be transferred to one or more third parties (in such capacity, each, a “Junior Holder”).
Except for the Loan Obligations identified on Annex A to the Offering Memorandum as a Senior Participation or as a Junior Participation, each Closing Date Loan Obligation is a whole loan and not a participation interest in a Mortgage Loan.
The Borrower will defend the Collateral against, and will take such other action as is necessary to remove, any Lien, security interest or claim on or to the Collateral, other than the security interests created under this Agreement, Permitted Subordinated Loans or Permitted Junior Participation Interests, and the Borrower will defend the right, title and interest of the Agent and the Secured Parties in and to any of the Collateral against the claims and demands of all persons whomsoever.
The Senior Participant (including the Servicer) shall have no liability to the Junior Participant with respect to the Junior Participation, except with respect to losses actually incurred due to the gross negligence, willful misconduct or breach of this Agreement on the part of the Senior Participant or the Servicer, as applicable.
CapitalSource shall purchase each Junior Participation Interest at a price equal to par, and such Junior Participation Interest will accrue interest in an amount equal to the lesser of (i) a portion of the mortgage interest accruals on the Approved Loan such that CapitalSource receives a 20% annualized yield on such Junior Participation Interest, or (ii) 100% of the mortgage interest accruals on such Approved Loan.