In the event the all of the relevant criteria precedent set forth in Article V enjoys already been found to your otherwise before the Get better Date,

Desire to your Mortgage might be determined on the basis of the actual amount of months in for each and every Attention Months and you will a 360-time 12 months

(b) The Loan shall initially be evidenced by a single amended and restated promissory note (the Note) of Borrower in the form of Display An excellent hereto dated the Closing Date and payable to Lender. Borrower agrees that Lender is authorized to record on the Note (i) the date and amount of each Loan Advance made by Lender pursuant hereto and (ii) the date and amount of each payment of principal of each Loan Advance, in the books and records of Lender in such manner as is reasonable and customary for Lender, and that a certificate of an officer of Lender, setting forth in reasonable detail the information so recorded, shall constitute prima facie evidence of the accuracy of the information so recorded, absent manifest error; offered that the failure to make any such recording shall not in any way affect the Obligations of Borrower or the rights of Lender hereunder or under the Note.

Section 2.02 Procedure of Borrowing. (a) Borrower may borrow under the Facility during the Commitment Period on any Advance Date; provided, that Borrower shall have given Lender irrevocable notice (each, a Observe out of Borrowing), which notice (i) shall be substantially in the form of Exhibit B, (ii) shall be signed by a Responsible Officer of Borrower and be received by Lender prior to 3:00 p.m. (New York time) three (3) Business Days prior to the related Advance Date, and (iii) shall specify (A) the dollar amount of the requested Loan Advance, (B) the value of the Portfolio Excess Spread on Borrower’s books and records; (C) the requested Advance Date and (D) the information required to be included in the Asset Schedule with respect to each such Asset in mutually acceptable electronic form.

(b) If Borrower shall deliver to Lender a Notice of Borrowing that satisfies the requirements of Section 2.02(a), Lender will notify Borrower of its intent to remit the requested Loan Amount one (1) Business Day prior to the requested Advance Date. upcoming subject to the foregoing, on the Advance Date, Lender shall remit or cause to be remitted the amount of the requested Loan Advance in U.S. Dollars and in immediately available funds to the account specified by Borrower.

(c) Up on making for every single Financing Progress hereunder, the latest Asset Plan is immediately up-to-date to add each one of the newest Possessions listed on the House Schedule attached to the See regarding Borrowing.

Section 2.03 Repayment and you may Prepayment off Principal. (a) Borrower hereby promises to repay the entire outstanding principal amount of the Loan on the Termination Date.

(b) From the notifying Bank written down at least one (1) Business day ahead, Debtor will be permitted, within their choice, to help you prepay, subject to Point 2.twelve, the mortgage in whole https://paydayloanalabama.com/paint-rock/ or even in region anytime, including accumulated and you may outstanding focus to the amount so prepaid.

In spite of almost anything to the exact opposite, for the label of the Contract, the financial institution ounts because of accumulated and you can delinquent appeal you to definitely carry out if you don’t be as a result of the Borrower in accordance with the netting conditions set forth in the Area hereof

Section 2.04 Interest. On each Interest Payment Date, Borrower hereby promises to pay to Lender all accrued and unpaid interest on the Loan, as invoiced by Lender three (3) Business Days prior to the related Interest Payment Date (the Appeal Declaration Date); provided that if Lender fails to deliver such statement on the Interest Statement Date, on such Interest Payment Date Borrower shall pay the amount which Borrower calculates as the interest due and upon delivery of the statement, Borrower shall remit to Lender any shortfall, or Lender shall refund to Borrower any excess, in the interest payment paid. Interest shall accrue each day on the unpaid principal amount of the Loan at a rate per annum equal to the Interest Rate.