Covered Loans. The Program Loans funded or purchased by the Boston Bank after January 1, 2004, (“Covered Loans”) will be subject to the Transaction Services Fee as provided in Section 2.4 of this Agreement, excluding, however, those Program Loans that the parties agree in writing to exempt from being subject to the Transaction Services Fee.
Covered Loans. The parties agree that, notwithstanding the Crossover Date in the Second Amendment to Program Agreements (BAGEL), dated as of January 10, 2003, the Guaranty Agreement shall cover and apply to all Bank of America XXXX Program Loans for which XXXX received applications on or after the effective date (May 22, 2002) of the First Amendment to the Old Core Guaranty Agreement (each such Loan, an "Affected Loan"). Accordingly, (a) each Affected Loan is eligible for purchase under the terms and conditions of the Note Purchase Agreement, as amended, and (b) Guaranty Fees for each Affected Loan shall be subject to the Deposit and Security Agreement and deposited in the Pledged Account (as defined in the Guaranty Agreement) by XXXX within ten (10) days after the date hereof.
Covered Loans. From and after the Effective Date, to the extent that a Covered Loan is required, any loan so made by the MARC Principals and/or the WRT Lender shall be deemed a "New TI/Cap Ex Loan" and shall bear interest at the rates set forth in Section 9(b) above. Notwithstanding the foregoing, (i) neither of the MARC Principals nor the WRT Lender shall be required to make any Covered Loans; (ii) unless otherwise agreed by the parties, any Covered Loans made by the respective parties shall not be deemed to be part of the $16,000,000.00 commitment provided for in Section 9(b) above and (iii) subject to the notice requirements set forth in the Omnibus Agreement, either the MARC Principals or the WRT Lender shall be permitted to make a Covered Loan for the purposes set forth in the Omnibus Agreement without the consent of the other party.
Covered Loans
