The inability out-of Bank, to your any one or higher instances, to work out their liberties hereunder, shall not alter otherwise change the terms and conditions that it Arrangement are subject or limit the correct off Bank to get it done later on
(b) Notice delivered pursuant to Section 2.05(a) may be given by any written or electronic means. Reduced Fee Margin Label), any notice given before 5:00 p.m. (New York City time) on a Business Day shall be met, and the related Margin Call satisfied, no later than 5:00 p.m. (New York City time) on the following Business Day; notice given after 5:00 p.m. (New York City time) on a Business Day shall be met, and the related Margin Call satisfied, no later than 5:00 p.m. (New York City time) on the second Business Day following the date of such notice. With respect to all Margin Calls other than Low Percentage Margin Calls, any notice given before a.m. (New York City time) on a Business Day shall be met, and the related Margin Call satisfied, no later than 5:00 p.m. (New York City time) on such Business Day; notice given after a.m. (New York City time) on a Business Day shall be met, and the related Margin Call satisfied, no later than 5:00 p.m. (New York City time) on the following Business Day. The foregoing time requirements for satisfaction of a Margin Call are referred to as the Margin Deadlines.
(c) In the event that a borrowing Legs Lack can be acquired, Lender could possibly get preserve people finance obtained from it that Debtor create if you don’t feel named hereunder, which money (i) may be kept by the Lender up against the associated Borrowing from the bank Foot Deficiency or (ii) are applied from the Bank from the Mortgage. Despite the foregoing, Bank retains best, with its sole discretion, making an effective Margin Call-in conformity towards the conditions of which Section dos.05.
Section 2.06 Percentage Processes. Borrower absolutely, unconditionally, and irrevocably, shall make, or cause to be made, all payments required to be made by Borrower hereunder. Borrower shall deposit or cause to be deposited all amounts Hamilton loans constituting collection, payments and proceeds of Assets (including, without limitation, all fees and proceeds of sale) in the Dedicated Accounts.
Section 2.07 Applying of Money. (a) On each Interest Payment Date, Lender shall prepare and deliver to Borrower a distribution worksheet detailing the application of amounts received on account of Participation Interests. The application of payments by Lender to the reduction of the Obligations shall, in the absence of manifest error, be binding upon Borrower.
(b) New activities know that in advance of termination of one’s CSFB Financing Agreement, all number toward deposit regarding Devoted Account are used pursuant into the CSFB Loan Arrangement, and people wide variety because of Lender otherwise Borrower hereunder, while the relevant, can be persisted loans in spite of the employment of quantity toward put this kind of Loyal Account:
(c) On each Appeal Commission Go out number obtained because of Involvement Passions pledged hereunder will likely be applied below:
Debtor and Bank each agree that faltering otherwise slow down by Financial to exercise their liberties hereunder will not limitation otherwise waive Lender’s liberties not as much as it Agreement or else existing for legal reasons or at all manage most rights having Debtor
(i) very first, on the commission of all the low-dominating wide variety (plus, in place of limit, Expenses) aside from accumulated and unpaid notice owing according to the Loan;
(ii) next, without restricting this new legal rights out-of Lender significantly less than Point dos.05, towards payment regarding dominant to meet people Borrowing from the bank Base Lack due with respect to the Mortgage;