●
Earnings Feed
Filings
Companies
Insiders
Pricing
Blog
⌘
K
Login
Start Free
$NREF
·
10-Q
NexPoint Real Estate Finance, Inc. · May 15, 4:01 PM ET
Share
Compare
NexPoint Real Estate Finance, Inc. 10-Q
Loading document...
Share
More
Contents
20
For purposes of this Agreement, all capitalized terms not expressly defined herein have the meanings ascribed thereto in the Note or the Loan Documents. The meanings of all capitalized terms apply equally to the singular and plural of the terms defined.
“Affiliate”: means, with respect to any specified Person, any other Person controlling, controlled by or under common control with such specified Person or any entity, fund or account managed or advised by NexPoint Advisors, L.P. or any of its Affiliates. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise, and the terms “controlling” and “controlled” have meanings correlative to the foregoing.
"Borrowers”: has the meaning provided in the Preamble.
“Business Day”: means any day other than a Saturday, Sunday or legal holiday in Dallas, Texas on which commercial banks are open for business.
“Buyer”: has the meaning provided in the Preamble.
“Buyer Participation Interest”: means an undivided participating interest in the Loan and the Loan Documents equal to (a) on the date hereof, the Initial Participation Amount, and (b) thereafter, the Initial Participation Amount as increased by Buyer's Pro Rata Share of any interest that is paid in kind and capitalized to the outstanding Principal Amount of the Note pursuant to Section 1(b) thereof, and as decreased by any amounts received by Buyer as a return of principal pursuant to Section 5(c) of this Agreement.
“Collateral”: means the “Collateral” as defined in the Pledge Agreement
“Embargoed Person”: means any Person that is (i) subject to trade restrictions under U.S. law, including the International Emergency Economic Powers Act and the Trading with the Enemy Act, and any Executive Orders or regulations thereunder; (ii) listed on any OFAC list, including the Specially Designated Nationals and Blocked Persons List; (iii) otherwise the subject of sanctions administered by OFAC or any other relevant sanctions authority; or (iv) owned or controlled by any such Person.
“Losses”: has the meaning provided in Section 13.
“Maximum Principal Amount” means Forty Million Dollars ($40,000,000.00).
“Participants”: means Seller, Buyer and the successors and assigns of each.
“Participation Interest”: means the Buyer Participation Interest or the Seller Participation Interest, as the context requires, and “Participation Interests” means both collectively.
“Person”: shall mean any individual, corporation, partnership, limited liability company, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision thereof.
“Pro Rata Share” means, at any time, the ratio of the then‑outstanding Buyer Participation Interest to the then‑outstanding aggregate Principal Amount of the Note (after giving effect to all capitalized PIK interest and Advances).
“Purchase Price”: has the meaning provided in Section 2(a).
“Seller”: has the meaning provided in the Preamble.
“Seller Participation Interest”: means an undivided participating interest in the Loan and the Loan Documents equal to the then‑outstanding aggregate Principal Amount of the Note minus the then‑outstanding Buyer Participation Interest.
“Transfer”: means any assignment, pledge, conveyance, sale, transfer, mortgage, encumbrance, grant of a security interest, issuance of a participation interest, or other disposition, either directly or indirectly, by operation of law or otherwise.
“Unanimous Decision”: has the meaning provided in Section 6(b).
Prior to an Event of Default by Borrowers, custody of the Loan Documents shall be held exclusively by Seller (or, at Seller’s election, a servicer or a third-party custodian) for the benefit of all Participants. Seller shall maintain records of all payments received from the Borrowers and all payments made by the Seller to the Buyer hereunder. Seller will furnish an accounting with respect thereto to the Buyer as promptly as practicable following the Buyer’s request therefor. Upon the occurrence of an Event of Default under the Loan Documents and the circumstances described in Section 7(d), Seller shall provide the Loan Documents, in original form where applicable, to Buyer. Seller acknowledges and agrees that time is of the essence with respect to the delivery of the Loan Documents.
Contents
Share
More
Download PDF