Common use of Maximum Facility Amount Clause in Contracts

Maximum Facility Amount. (a) Subject to the terms of this Agreement and so long as (i) the total Principal Debt does not exceed the Maximum Facility Amount, (ii) the Principal Debt owed to the Lenders shall not exceed the total Collateral Value of all Eligible Mortgage Collateral, (iii) no Borrowing ever exceeds the Availability, and (iv) Borrowings are only made on Business Days before the Drawdown Termination Date, each Issuer (other than Xxxxxxx, and in the case of the Calyon Group, either Atlantic or La Fayette or both) may, each in its sole discretion, and Xxxxxxx shall make an Advance ratably in accordance with the Bank Commitment of its Group Bank, and, except in the case of the Lloyds Group, to the extent that an Issuer does not make such Advance (or, in the case of Atlantic and La Fayette, to the extent neither such Issuer makes such Advance), its Group Banks shall, ratably in accordance with their Bank Commitments, make such Advance, to the Borrower from time to time in such amounts as may be requested by the Borrower pursuant to Section 2.3, so long as (A) each Borrowing is the least of (x) the Availability, and (y) the Available Collateral Value as of such date, and (B) such Borrowing is at least $15,000,000 and in integral multiples of $10,000 in excess thereof. Within the limits of the Maximum Facility Amount, the Borrower may borrow, prepay (whether pursuant to Section 2.5 or Section 3.3(a) of this Agreement or otherwise), and reborrow under this Section 2.1. Notwithstanding anything to the contrary contained in this Agreement, subject to the terms of this Agreement, Xxxxxxx shall not decline to make any Advance requested by the Borrower as long as the conditions set forth in the first sentence of this paragraph are satisfied; provided further that Xxxxxxx, will fund such Advance by either the issuance of commercial paper (in accordance with Section 8.09(e) of its Liquidity Agreement) or will fund such Advance by drawing under its Liquidity Agreement.

Maximum Facility Amount. (a) Subject to the terms of this Agreement and so long as (i) the total Principal Debt related to the Facility does not exceed the Maximum Facility Amount, (ii) the Principal Debt owed to the Lenders shall not other than the Seasonal Lenders never exceed the total Collateral Value of all Eligible Mortgage Collateral, (iii) no Borrowing ever exceeds the Availability, and (iv) Borrowings are only made on Business Days before the Drawdown Termination Date, each Issuer (other than Xxxxxxx, and in the case of the Calyon Group, either Atlantic or La Fayette or both) may, each in its sole discretion, and Xxxxxxx shall make an Advance ratably in accordance with the Bank Commitment of its Group Bank, and, except in the case of the Lloyds Group, to the extent that and if an Issuer does not make such Advance (or, in the case of Atlantic and La Fayette, to the extent neither such Issuer makes such Advance), its Group Banks shall, ratably in accordance with their Bank Commitments, make such Advance, to the Borrower from time to time in such amounts as may be requested by the Borrower pursuant to Section 2.3, so long as (A) each Borrowing is the least of (x) the Availability, and (y) the Available Collateral Value as of such date, and (B) such Borrowing is at least $15,000,000 and in integral multiples of $10,000 in excess thereof. Within the limits of the Maximum Facility Amount, the Borrower may borrow, prepay (whether pursuant to Section 2.5 or Section 3.3(a) of this Agreement or otherwise), and reborrow under this Section 2.1. Notwithstanding anything to the contrary contained in this Agreement, subject to the terms of this Agreement, Xxxxxxx shall not decline to make any Advance requested by the Borrower as long as the conditions set forth in the first sentence of this paragraph are satisfied; provided further that Xxxxxxx, will fund such Advance by either the issuance of commercial paper (in accordance with Section 8.09(e) of its Liquidity Agreement) or will fund such Advance by drawing under its Liquidity Agreement.

Maximum Facility Amount. (a) Subject to the terms of this Agreement Agreement, from the Initial Funding Date and so long as (i) the total Principal Debt does not exceed never exceeds the Maximum Facility Amount, (ii) the Principal Debt owed to the Lenders shall not exceed never exceeds the total Collateral Value of all Eligible Mortgage Collateral, (iii) no Borrowing ever exceeds the Availability, and (iv) Borrowings are only made on Business Days before the Drawdown Termination Date, each an Issuer (other than Xxxxxxx, and in the case of the Calyon Group, either Atlantic or La Fayette or both) may, each in its sole discretion, and Xxxxxxx shall make an Advance ratably in accordance with (which Advances are to be made pro rata based on the Bank Commitment of its Group Bank, and, except in the case of the Lloyds Group, Issuer Facility Amounts) and to the extent that an Issuer does not make such Advance (or, in the case of Atlantic and La Fayette, to the extent neither such Issuer makes such Advance), its Group Banks shall, ratably in accordance with their Bank Commitments, make such Advance, Advances to the Borrower from time to time in such amounts as may be requested by the Borrower pursuant to Section 2.3, so long as (A) each Borrowing is the least of (x) the Availability, and (y) the Available Collateral Value as of such dateValue, and (Bz) such Borrowing is at least $15,000,000 and in 25,000,000 or integral multiples of $10,000 50,000 in excess thereof. Within the limits of the Maximum Facility Amount, the Borrower may borrow, prepay (whether pursuant to Section 2.5 or Section 3.3(a) of this Agreement or otherwise), and reborrow under this Section 2.1. Notwithstanding anything to the contrary contained in this Agreementforegoing, subject to the terms of this Agreement, Xxxxxxx Barton shall not decline to make any Advance requested by the Borrower Borxxxxx as long as the conditions set forth in the first sentence of this paragraph are satisfied; provided further that Xxxxxxxthat, will Barton may fund such Advance by either with the issuance of commercial paper (papex xx xay assign such Advance to its related Group Banks; and provided further that, the Group Banks related to Barton shall have no obligation hereunder to make Advances. Furthxxxxxx, it is understood that the Borrower shall request a new Borrowing with a requested Borrowing Date on the Initial Funding Date, and upon such date the Advances made by the Lenders in each Bank Group shall be adjusted so that they are pro rata in accordance with Section 8.09(e) the Issuer Facility Amounts, but until such Borrowing Date, the only outstanding Advance shall have been made by the Calyon Group, and there shall be no assignment of its Liquidity Agreement) or will fund any portion of such Advance by drawing under its Liquidity Agreementto any Lender in any other Group.

Maximum Facility Amount. (a) Subject to the terms of this Agreement Agreement, from the Initial Funding Date and so long as (i) the total Principal Debt does not exceed never exceeds the Maximum Facility Amount, (ii) the Principal Debt owed to the Lenders Primary Obligations shall not exceed the total Collateral Value of all Eligible Mortgage Collateral, (iii) no Borrowing ever exceeds the Availability, and (iv) Borrowings are only made on Business Days before the Drawdown Termination DateDate and if no Advance Cessation Trigger has occurred, each Issuer (other than Xxxxxxx, and in the case of the Calyon Group, either Atlantic or La Fayette or both) may, each in its sole discretion, and Xxxxxxx shall make an Advance ratably in accordance with the Bank Commitment Commitments of its Group BankBanks, and, except in the case of the Lloyds Group, to the extent that and if an Issuer does not make such Advance (or, in the case of Atlantic and La Fayette, to the extent neither such Issuer makes such Advance), its Group Banks shall, ratably in accordance with their Bank Commitments, make such Advance, Advances to the Borrower from time to time in such amounts as may be requested by the Borrower pursuant to Section 2.3, so long as (A) each Borrowing is the least of (x) the Availability, and (y) the Available Collateral Value as of such dateValue, and (Bz) such Borrowing is at least $15,000,000 and in or integral multiples of $10,000 50,000 in excess thereof. Within the limits of the Maximum Facility Amount, the Borrower may borrow, prepay (whether pursuant to Section 2.5 or Section 3.3(a) of this Agreement or otherwise), and reborrow under this Section 2.1. Notwithstanding anything to the contrary contained in this Agreementforegoing, subject to the terms of this Agreement, Xxxxxxx Xxxxxx shall not decline to make any Advance requested by the Borrower as long as the conditions set forth in the first sentence of this paragraph are satisfied; provided further that Xxxxxxxthat, will Xxxxxx may fund such Advance by either with the issuance of commercial paper (or may assign such Advance to its related Group Banks; and provided further that, the Group Banks related to Xxxxxx shall have no obligation hereunder to make Advances. Furthermore, it is understood that the Borrower shall request a new Borrowing with a requested Borrowing Date on the Initial Funding Date, and upon such date the Advances made by the Lenders in each Group shall be adjusted so that they are pro rata in accordance with Section 8.09(e) of its Liquidity Agreement) or will fund such Advance by drawing under its Liquidity Agreementthe Issuer Facility Amounts.

Maximum Facility Amount. (a) Subject to the terms of this Second Restated Loan Agreement and so long as (i) the total Principal Debt related to the Facility does not exceed the Maximum Facility Amount, (ii) the Principal Debt owed to the Lenders shall not never exceed the total Collateral Value of all Eligible Mortgage Collateral, (iii) no Borrowing ever exceeds the Availability, and (iv) Borrowings are only made on Business Days before the Drawdown Termination Date, each Issuer (other than Xxxxxxx, and in the case of the Calyon Group, either Atlantic or La Fayette or both) may, each in its sole discretion, and Xxxxxxx shall make an Advance ratably in accordance with the Bank Commitment of its Group Bank, and, except in the case of the Lloyds Group, to the extent that and if an Issuer does not make such Advance (or, in the case of Atlantic and La Fayette, to the extent neither such Issuer makes such Advance), its Group Banks shall, ratably in accordance with their Bank Commitments, make such Advance, to the Borrower from time to time in such amounts as may be requested by the Borrower pursuant to Section 2.3, so long as (A) each Borrowing is the least of (x) the Availability, and (y) the Available Collateral Value as of such date, and (Bz) such Borrowing is at least $15,000,000 and in or an integral multiples multiple of $10,000 in excess thereof. Within the limits of the Maximum Facility Amount, the Borrower may borrow, prepay (whether pursuant to Section 2.5 or Section 3.3(a) of this Second Restated Loan Agreement or otherwise), and reborrow under this Section 2.1. Notwithstanding anything to the contrary contained in this Agreement, subject to the terms of this Agreement, Xxxxxxx shall not decline to make any Advance requested by the Borrower as long as the conditions set forth in the first sentence of this paragraph are satisfied; provided further that Xxxxxxx, will fund such Advance by either the issuance of commercial paper (in accordance with Section 8.09(e) of its Liquidity Agreement) or will fund such Advance by drawing under its Liquidity Agreement.

Maximum Facility Amount. (a) Subject to the terms of this Agreement Agreement, and so long as (i) the total Principal Debt does not exceed Invested Amount never exceeds the Maximum Facility Amount, (ii) the Principal Debt owed to the Lenders shall not exceed Invested Amount never exceeds the total Collateral Recognized Value of all Eligible Mortgage CollateralAssets, (iii) no Borrowing Purchase ever exceeds the Availability, and (iv) Borrowings Purchases are only made on Business Days before the Drawdown Termination Date, each an Issuer (other than Xxxxxxx, and in the case of the Calyon Group, either Atlantic or La Fayette or both) may, each in its sole discretion, make a Purchase (which Purchases are to be made pro rata based on the Issuer Facility Amounts) and Xxxxxxx shall make an Advance ratably in accordance with the Bank Commitment of its Group Bank, and, except in the case of the Lloyds Group, to the extent that an Issuer does not make such Advance (or, in the case of Atlantic and La Fayette, to the extent neither such Issuer makes such Advance)Purchase, its Group Banks shall, ratably in accordance with their Bank Commitments, make such Advance, to Purchases from the Borrower Sellers from time to time in such amounts as may be requested by the Borrower Sellers pursuant to Section 2.3, so long as (A) each Borrowing Purchase is the least of (x) the Availability, and (y) the Available Collateral Value as of such dateRecognized Value, and (Bz) such Borrowing is at least $15,000,000 and in 25,000,000 or integral multiples of $10,000 50,000 in excess thereof. Within the limits of the Maximum Facility Amount, the Borrower Sellers may borrowsell, prepay and, after any repurchase (whether pursuant to Section 2.5 or Section 3.3(a) of this Agreement or otherwise), and reborrow may resell under this Section 2.1. Notwithstanding anything to the contrary contained in this Agreementforegoing, subject to the terms of this Agreement, Xxxxxxx Xxxxxx shall not decline to make any Advance Purchase requested by the Borrower Sellers as long as the conditions set forth in the first sentence of this paragraph are satisfied; provided further that Xxxxxxxthat, will Xxxxxx may fund such Advance by either Purchase with the issuance of commercial paper (or may assign such Purchase to its related Group Banks; and provided further that, the Group Banks related to Xxxxxx shall have no obligation hereunder to make Purchases. Furthermore, it is understood that the Sellers shall request a new Purchase with a requested Purchase Date on the Initial Purchase Date, and upon such date the Purchases made by the Purchasers in each Bank Group shall be adjusted so that they are pro rata in accordance with Section 8.09(e) of its Liquidity Agreement) or will fund such Advance by drawing under its Liquidity Agreementthe Issuer Facility Amounts.

Maximum Facility Amount. (a) Subject to the terms of this Agreement and so long as (i) the total Principal Debt does not exceed the Maximum Facility Amount, (ii) the Principal Debt owed to the Lenders shall not exceed the total Collateral Value of all Eligible Mortgage Collateral, (iii) no Borrowing ever exceeds the Availability, and (iv) Borrowings are only made on Business Days before the Drawdown Termination Date, each Issuer (other than Xxxxxxx, and in the case of the Calyon Group, either Atlantic or La Fayette or both) may, each in its sole discretion, and Xxxxxxx shall make an Advance ratably in accordance with the Bank Commitment of its Group Bank, and, except in the case of the Lloyds Group, to the extent that an Issuer does not make such Advance (or, in the case of Atlantic and La Fayette, to the extent neither such Issuer makes such Advance), its Group Banks shall, ratably in accordance with their Bank Commitments, make such Advance, to the Borrower from time to time in such amounts as may be requested by the Borrower pursuant to Section 2.3, so long as (A) each Borrowing is the least of (x) the Availability, and (y) the Available Collateral Value as of such date, and (B) such Borrowing is at least $15,000,000 and in integral multiples of $10,000 in excess thereof. Within the limits of the Maximum Facility Amount, the Borrower may borrow, prepay (whether pursuant to Section 2.5 or Section 3.3(a) of this Agreement or otherwise), and reborrow under this Section 2.1. Notwithstanding anything to the contrary contained in this Agreement, subject to the terms of this Agreement, Xxxxxxx shall not decline to make any Advance requested by the Borrower as long as the conditions set forth in the first sentence of this paragraph are satisfied; provided further that Xxxxxxx, will fund such Advance by either the issuance of commercial paper (in accordance with Section 8.09(e) of its Liquidity Agreement) or will fund such Advance by drawing under its Liquidity Agreement.this