COMMITTED FACILITY. The Bank acknowledges that the Facility is a committed facility and that the Bank shall be obligated to make any Loan requested during the Facility Period under this Agreement, subject to the terms and conditions hereof; provided, however, that the Bank shall not be obligated to make any Loan if this Facility has been terminated by the Borrowers, or if at the time of a request for a Loan by a Borrower (on behalf of the applicable Fund(s)) there exists any Event of Default or condition which, with the passage of time or giving of notice, or both, would constitute or become an Event of Default with respect to such Borrower (or such applicable Fund(s)).
COMMITTED FACILITY. CapCo acknowledges that the Facility is a committed facility and that CapCo shall be obligated to make any Loan requested during the Facility Period under this Agreement, subject to the terms and conditions hereof; provided, however, that CapCo shall not be obligated to make any Loan if this Facility has been terminated by the Borrower, or to a Borrower on behalf of a proposed borrowing Fund, if at the time of a request for a Loan by a Borrower (on behalf of such applicable borrowing Fund) there exists any Event of Default or condition which, with the passage of time or giving of notice, or both, would constitute or become an Event of Default with respect to such Fund.
COMMITTED FACILITY. The Bank acknowledges that the Facility is a committed facility and that the Bank shall be obligated to make any Loan requested during the Facility Period under this Agreement, SUBJECT TO the terms and conditions hereof; PROVIDED, HOWEVER, that the Bank shall not be obligated to make any Loan if this Facility has been terminated by the Borrowers, or to a Borrower on behalf of a proposed borrowing Fund, if at the time of a request for a Loan by such Borrower (on behalf of such applicable borrowing Fund) there exists any Event of Default or condition which, with the passage of time or giving of notice, or both, would constitute or become an Event of Default with respect to such Fund.
COMMITTED FACILITY. The Buyer, the Seller, the Guarantor and FIC hereby agree that they will enter into Transactions on a committed basis on and after the date of the Equity Closing. The Buyer's obligation to enter into any Transaction is subject to the following conditions:
COMMITTED FACILITY. Subject to the terms and conditions hereof, each Lender severally agrees to make, on the Closing Date, a Loan to Company in an amount less than or equal to such Lender's Commitment. Subject to the terms and conditions hereof, Company may make additional borrowings under the Commitments after the Closing Date, pro rata from each Lender, until the entire Commitment of each Lender has been borrowed, provided that (A) each such borrowing must equal or exceed $1,000,000 for all Lenders collectively and (B) no such borrowing may be made after the Availability Termination Date. Any amount borrowed under this Section 2.1(a) and subsequently repaid or prepaid may not be reborrowed. Subject to Sections 2.11 and 2.14, all amounts owed hereunder with respect to the Loans shall be paid in full no later than the Maturity Date.
COMMITTED FACILITY. Notwithstanding anything to the contrary contained herein, (i) to the extent that any delivery requirement of the Grantors hereunder in respect of Collateral not included in the Borrowing Base conflict, as determined by such Grantor in its reasonable discretion, with delivery requirements under the Committed Facility Security Agreement, the applicable Grantor may choose whether to satisfy such delivery requirement by delivering such Collateral to the Agent or the Uncommitted Facility Agent and (ii) to the extent that any delivery requirement hereunder in respect of Collateral included in the Borrowing Base (and Proceeds thereof) conflict, as determined by such Grantor in its reasonable discretion, with delivery requirements under the Committed Facility Security Agreement, the applicable Grantor shall comply with the provisions hereunder. Security Agreement, Page 24
COMMITTED FACILITY. (a) If (i) an event described in Section 9(b)(viii) occurs, (ii) Seller shall not have previously agreed to pay to Buyer an increased Pricing Rate to cover Buyer’s increased costs arising out of or relating to or resulting from such event, and (iii) Buyer shall determine, solely based on such event and in its sole discretion, whether pursuant to such event being classified as a condition precedent to a Transaction or otherwise, to no longer enter into future Transactions, (x) Buyer shall remit to Seller the pro rata portion of the Renewal Commitment Fee paid by Seller for the portion of such term of the Repurchase Agreement during which Buyer shall have determined to no longer enter into future Transactions and (y) such date of determination shall be deemed the “Termination Date” for the purpose of calculating the Non-Utilization Fee at such time which shall be the final Non-Utilization Fee due and owing hereunder.
COMMITTED FACILITY. (a) A portion of the Maximum Participation Amount of the Warehouse Facility, in the amount of $1,000,000.00 (the “Committed Facility Amount”), is a committed facility (the “Committed Facility”) under the Warehouse Facility for the purchase by Bank from Seller of Participation Interests pursuant to the provisions of Section 2(b) of this Addendum. Accordingly, subject to the provisions of Section 2(b) of this Addendum, Bank agrees that it will from time to time during the term of the Warehouse Agreement purchase Participation Interests from Seller in Eligible Mortgage Loans having a total aggregate amount of related Purchase Prices of at least the Committed Facility Amount. Notwithstanding anything herein to the apparent contrary, the remaining portion of the Maximum Participation Amount of the Warehouse Facility (which does not constitute part of the Committed Facility) shall not, and does not, constitute a committed facility.
COMMITTED FACILITY. Without prejudice to the provisions of Clause 40, no Bank may cancel its Commitment before the Final Issue Date (other than at the request of the Company pursuant to Clause 17.3 and save as expressly provided in this Agreement). No Issuing Bank may cancel, other than at the request of the Beneficiary, any Bonding Guarantee issued by it and no Tranche A Participating Bank may cancel its participation in any Tranche A Bonding Guarantee at any time prior to the Expiry Date of that Bonding Guarantee, or if a call has been made on that Bonding Guarantee prior to it having satisfied in full its obligations under this Agreement in respect of that Bonding Guarantee, notwithstanding that such Expiry Date has been extended pursuant to Clause 8 or that the maximum aggregate contingent liabilities of the relevant Issuing Bank under that Bonding Guarantee is reduced to zero. For the avoidance of doubt the occurrence of the Final Issue Date will not affect the maturity, renewal, extension or any other terms of any Bonding Guarantee.
COMMITTED FACILITY. Lender agrees, subject to the terms and conditions hereof, to provide a committed line of credit (the “Committed Facility”) to Borrower to make Advances or to issue for the account of Borrower Letters of Credit of a tenor and containing such terms as may be reasonably acceptable to Lender. Subject to Sections 2.2 and 2.3 below, Lender shall make such Advances and issue such Letters of Credit, from time to time from the Closing Date to but excluding the Termination Date, in an aggregate outstanding amount not to exceed Sixteen Million Dollars ($16,000,000.00); provided that Lender shall not make any Advance nor issue any Letter of Credit if the making of such Advance and/or issuance of such Letter of Credit, together with the aggregate principal amount of all Advances then outstanding, the then outstanding L/C Exposure, and the amount of any Bank Product Reserve will exceed the Borrowing Base.
