If all applicable requirements precedent set forth within the Article V has actually already been came across into otherwise before the Progress Go out,

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If all applicable requirements precedent set forth within the Article V has actually already been came across into otherwise before the Progress Go out,

Attention for the Financing is going to be calculated on such basis as the genuine quantity of months within the per Notice Several months and you will a 360-go out year

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(b) The Loan shall initially be evidenced by a single amended and restated promissory note (the Notice) 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; considering 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 Process of Borrowing from the bank. (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 See out of Borrowing), which notice (i) shall be substantially in the form of Display 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. after that 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) On to make for each and every Financing Improve hereunder, the latest Investment Schedule shall be immediately updated to provide each of this new Property listed on the House Agenda connected to the Observe out-of Borrowing.

Section 2.03 Installment and you can Prepayment of Dominant. (a) Borrower hereby promises to repay the entire outstanding principal amount of the Loan on the Termination Date.

(b) From the notifying Lender on paper at least one (1) Working day ahead, Debtor might be allowed, within their choice, so you’re able to prepay, susceptible to Section dos.12, the borrowed funds entirely or perhaps in region at any time, together with accumulated and unpaid interest for the number thus prepaid.

Regardless of anything to the opposite, inside the title in the Arrangement, the lender ounts due to accrued and you will delinquent desire you to definitely manage if not feel as a result of the Borrower in accordance with the netting conditions established in Section hereof

Section 2.04 Interest personal loans in Arkansas. 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 Attention Report Big 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.

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