have pledged the related unencumbered eligible collateral thereunder, plus (iv) net equity value of whole pool agency securities
“Loan Agreement” shall mean this Amended and Restated Master Loan and Security Agreement, as the same may be amended, supplemented or otherwise modified from time to time.
“Loan Documents” shall mean, collectively, this Loan Agreement, the Note, the Collection Account Control Agreement, the Custodial Agreements, the Guaranty and the Multiparty Agreements, each as amended from time to time.
“Loan Party” shall mean either or both the Borrower and the Guarantor.
“Margin Call” shall have the meaning set forth in Section 2.04(a) hereof.
“Margin Deficit” shall have the meaning set forth in Section 2.04(a) hereof.
“Margin Threshold” shall mean $100,000.
“Market Value” shall mean as of any date with respect to any SBA Loan or Participation Interest, the price at which such SBA Loan or Participation Interest could readily be sold as determined in good faith by the Lender in its sole discretion.
“Material Adverse Effect” shall mean a material adverse effect on (a) the Property, business, operations, financial condition or prospects of the Borrower, (b) the ability of Borrower to perform its obligations under any of the Loan Documents to which it is a party, (c) the validity or enforceability of any of the Loan Documents, (d) the rights and remedies of the Lender under any of the Loan Documents, (e) the timely payment of the principal of or interest on the Advances or other amounts payable in connection therewith, or (f) the Collateral.
“Maximum Facility Amount” shall mean $50,000,000.
“Monthly Payment” shall mean the scheduled monthly payment of principal and interest on an SBA Loan as adjusted in accordance with changes in the SBA 7(a) Loan Interest Rate pursuant to the provisions of the SBA 7(a) Loan Note for an adjustable rate SBA Loan.
“Mortgage” shall mean each mortgage, assignment of rents, security agreement and fixture filing, or deed of trust, assignment of rents, security agreement and fixture filing, deed to secure debt, assignment of rents, security agreement and fixture filing, or similar instrument creating and evidencing a first lien on commercial real property and other property and rights incidental thereto.
“Multiemployer Plan” shall mean, with respect to any Person, a “multiemployer plan” as defined in Section 3(37) of ERISA which is or was at any time during the current year or the immediately preceding five years contributed to (or required to be contributed to) by such Person or any ERISA Affiliate thereof on behalf of its employees and which is covered by Title IV of ERISA.
“Multiparty Agreements” shall mean each of the (a) the Amended and Restated Multiparty Agreement, dated as of June 30, 2016, by and among the Lender, Borrower, the FTA, the SBA