When it comes to an excellent ount out of less than 5% of the the principal number of the loan (a great

Brand new incapacity out of Lender, toward any one or higher times, to work out the liberties hereunder, shall maybe not alter or alter the small print to which this Contract are topic or limit the right from Financial to get it done later on

(b) Notice delivered pursuant to Section 2.05(a) may be given by any written or electronic means. Lowest Fee Margin Call), 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 the a borrowing Base Insufficiency can be obtained, Bank get retain people fund acquired by using it to which Debtor perform if you don’t end up being called hereunder, hence fund (i) is generally stored because of the Financial from the associated Borrowing Foot loan places County Line Insufficiency or (ii) could be applied by the Lender resistant to the Loan. Notwithstanding this, Bank keeps the proper, in sole discretion, while making an effective Margin Call-in accordance to the conditions out of that it Part 2.05.

Section 2.06 Payment 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 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 Repayments. (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) The brand new activities know you to just before cancellation of CSFB Loan Agreement, most of the wide variety on the put regarding the Faithful Account will likely be used pursuant on CSFB Loan Agreement, and you may people wide variety due to Bank or Borrower hereunder, just like the applicable, would be continued debt in spite of making use of quantity to the deposit in such Faithful Membership:

(c) On each Appeal Payment Day wide variety gotten due to Contribution Passion pledged hereunder would be used below:

Debtor and you may Bank each concur that failing otherwise impede from the Financial to work out the rights hereunder should maybe not limitation otherwise waive Lender’s rights around so it Contract or otherwise established for legal reasons otherwise by any means carry out even more legal rights for Debtor

(i) first, for the commission of all non-dominant number (together with, rather than restrict, Expenses) apart from accumulated and unpaid focus due according to Loan;

(ii) next, instead restricting the latest rights of Bank not as much as Point dos.05, to your payment away from dominant in order to meet one Borrowing Legs Insufficiency due according to Financing;