Enforcement of the Loans Sample Clauses

Enforcement of the Loans. Where the loan agreement indicates that a loan is to be secured, the borrower’s obligations under the loan agreement to you will be secured by a first legal charge and in the event that a borrower fails to make a payment when due or defaults in meeting any material obligations of the loan, you agree that Blackfinch may instruct our security trustee (the “Security Trustee”) to enforce the security on your behalf constituted by the legal charge agreement. In the circumstances described above, you agree that the Security Trustee will act on your behalf as security agent in respect of any borrower’s liabilities to you under each loan. All communications to a borrower in connection with any such security will be made through the Security Trustee. When Blackfinch or the Security Trustee has been provided with information by a relevant borrower, we or the Security Trustee may provide to you as lender certain information about the assets of that borrower and/or an asset register detailing such assets together with estimated forced re-sale value of such assets on enforcement. In such circumstances, any asset valuation provided will be indicative of the value of the asset or assets only and realisation on enforcement in connection with the sale of such asset or assets may be lower (or higher) than the value set out in the asset register. The Security Trustee will hold the assets charged under any security upon trust for itself and for all lenders to that borrower (including you). From time to time the Security Trustee may perform (before or after any enforcement under the terms of the security) all obligations, rights and benefits given to the Security Trustee by any legal charge agreement and by any future security that the Security Trustee may take in respect of the debt due under the loan or under any document entered into, pursuant to such legal charge agreement and/or future security. The Security Trustee (as security agent) shall have certain powers and discretions conferred upon trustees and may also rely on any representation, notice or document believed by it to be genuine, correct and appropriately authorised and any statement made by any director, authorised signatory or employee of any person regarding any matters which may reasonably be assumed to be within his knowledge or within his power to verify. Where the Security Trustee holds a legal charge agreement in respect of a particular loan or the liabilities of a particular borrower, that agreement will...
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Enforcement of the Loans. Co-Lender hereby authorizes Lead Lender to take legal action to enforce or protect Co-Lender's and Lead Lender's interests with respect to the Loans and the Mortgaged Properties. If Lead Lender (or Master Servicer or Special Servicer on behalf of Lead Lender) incurs any liabilities, costs, fees or expenses (including, without limitation, those for in-house or outside legal services), or makes any protective or other property advances on behalf of the Borrower, in connection with the Loans, with any actual or proposed amendment or waiver of any term thereof or restructuring or refinancing thereof or with any effort to enforce or protect Co-Lender's or Lead Lender's rights or interests with respect thereto, then Co-Lender will reimburse Lead Lender (or Master Servicer or Special Servicer, as applicable) on demand in an amount equal to its pro rata share based upon the outstanding principal balance of Note A1 and Note A2, to the extent such costs are not reimbursed by or on behalf of the Borrower, which reimbursement obligation will survive the termination of this Agreement. If Lead Lender (or Master Servicer or Special Servicer, on behalf of Lead Lender) incurs any liabilities for special servicing fees in connection with the loans, Co-Lender will reimburse Lead Lender (or Master Servicer or Special Servicer, as applicable) in an amount equal to its pro rata share based upon the outstanding principal balance of the Notes. Any such expenses may be netted by Lead Lender against distributions on Note A2. To the extent that Co-Lender advances any such costs prior to their being reimbursed by or on behalf of Borrower and such costs are subsequently recovered by the Lead Lender, Co-Lender shall receive a pro rata reimbursement from such recovery.
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Related to Enforcement of the Loans

  • Repayment of the Loans The Companies (a) may prepay the Obligations from time to time in accordance with the terms and provisions of the Notes (and Section 17 hereof if such prepayment is due to a termination of this Agreement); (b) shall repay on the expiration of the Term (i) the then aggregate outstanding principal balance of the Loans together with accrued and unpaid interest, fees and charges and; (ii) all other amounts owed Laurus under this Agreement and the Ancillary Agreements; and (c) subject to Section 2(a)(ii), shall repay on any day on which the then aggregate outstanding principal balance of the Loans are in excess of the Formula Amount at such time, Loans in an amount equal to such excess. Any payments of principal, interest, fees or any other amounts payable hereunder or under any Ancillary Agreement shall be made prior to 12:00 noon (New York time) on the due date thereof in immediately available funds.

  • Enforcement of Due On-Sale Clauses; Assumption Agreements.... Section 3.14

  • Enforcement and Remedies Executive acknowledges that money damages would not be sufficient remedy for any breach of this Article 6 by Executive, and Company shall be entitled to enforce the provisions of this Article 6 by terminating any payments then owing to Executive under this Agreement and/or to specific performance and injunctive relief as remedies for such breach or any threatened breach. Such remedies shall not be deemed the exclusive remedies for a breach of this Article 6, but shall be in addition to all remedies available at law or in equity to Company, including, without limitation, the recovery of damages from Executive and Executive’s agents involved in such breach and remedies available to Company pursuant to other agreements with Executive.

  • ENFORCEMENT OF THE PLEDGE 6.1 If (i) an Enforcement Event has occurred and is continuing and (ii) the requirements set forth in Sections 1273 para 2, 1204 et seq. of the German Civil Code with regard to the enforcement of the Pledges are met (Pfandreife), in particular, if any of the Obligations have become due and payable, then in order to enforce the Pledges, the Collateral Agent (acting on the instructions of the Secured Parties) may at any time thereafter avail itself of all rights and remedies that a pledgee has against a pledgor under the laws of the Federal Republic of Germany.

  • Enforcement of the Agreement The parties hereto agree that irreparable damage would occur if any of the provisions of this Agreement were not performed in accordance with their specific terms or were otherwise breached. It is accordingly agreed that the parties shall be entitled to an injunction or injunctions to prevent breaches of this Agreement and to enforce specifically the terms and provisions hereto, this being in addition to any other remedy to which they are entitled at law or in equity.

  • Disbursement of the Loan Disbursements will be made by and at the discretion of SBA Counsel, in accordance with this Loan Authorization and Agreement and the general requirements of SBA. · Disbursements may be made in increments as needed. · Other conditions may be imposed by SBA pursuant to general requirements of SBA. · Disbursement may be withheld if, in SBA's sole discretion, there has been an adverse change in Borrower's financial condition or in any other material fact represented in the Loan application, or if Borrower fails to meet any of the terms or conditions of this Loan Authorization and Agreement. · NO DISBURSEMENT WILL BE MADE LATER THAN 6 MONTHS FROM THE DATE OF THIS LOAN AUTHORIZATION AND AGREEMENT UNLESS SBA, IN ITS SOLE DISCRETION, EXTENDS THIS DISBURSEMENT PERIOD. PARTIES AFFECTED · This Loan Authorization and Agreement will be binding upon Borrower and Borrower's successors and assigns and will inure to the benefit of SBA and its successors and assigns.

  • Enforcement Actions Either the Company or Executive may bring an action in court to compel arbitration under this Agreement and to enforce an arbitration award. Except as otherwise provided in this Agreement, neither party shall initiate or prosecute any lawsuit in any way related to any arbitrable claim, including without limitation any claim as to the making, existence, validity, or enforceability of the agreement to arbitrate. All arbitration hearings under this Agreement shall be conducted in Las Vegas, Nevada.

  • Subservicing; Enforcement of the Obligations of Subservicers (a) The Master Servicer may arrange for the subservicing of any Mortgage Loan by a subservicer pursuant to a subservicing agreement (a "Subservicer"). The subservicing arrangement and the related subservicing agreement must provide for the servicing of the Mortgage Loans in a manner consistent with the servicing arrangements contemplated hereunder. Unless the context otherwise requires, references in this Agreement to actions taken or to be taken by the Master Servicer in servicing the Mortgage Loans include actions taken or to be taken by a Subservicer on behalf of the Master Servicer. Notwithstanding anything in any subservicing agreement or this Agreement relating to agreements or arrangements between the Master Servicer and a Subservicer or references to actions taken through a Subservicer or otherwise, the Master Servicer shall remain obligated and liable to the Trustee and Certificateholders for the servicing and administration of the Mortgage Loans in accordance with this Agreement without diminution of its obligation or liability by virtue of the subservicing agreements or arrangements or by virtue of indemnification from the Subservicer and to the same extent and under the same terms as if the Master Servicer alone were servicing and administering the Mortgage Loans. All actions of each Subservicer performed pursuant to the related subservicing agreement shall be performed as agent of the Master Servicer with the same effect as if performed directly by the Master Servicer.

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