Disbursement Amount. Unless otherwise specifically agreed in writing at the time of acceptance of any Financing Transaction and the related Finance Documents under this Agreement, Finance shall disburse to Dealer: (i) in the case of a Loan or, an amount equal to the outstanding balance of the amount financed of the Loan, less any portion(s) thereof payable to Finance or to be disbursed by Finance to any third party. Finance may from time to time specify the maximum disbursement amount payable in connection with a Financing Transaction, including the maximum amount financed of a Loan, as applicable, or the maximum amount of any particular product or service that Finance will finance as part of any Financing Transaction (each such maximum amount referred to herein as a "Disbursement Cap"). If any Disbursement Cap is exceeded with respect to a particular Financing Transaction, (i) Finance may refuse to accept such Financing Transaction or (ii) Finance may elect to accept such Financing Transaction., adjust the disbursement amount to comply with the Disbursement Cap, and, if such Financing Transaction pays in full and does not default, pay or credit to Dealer in accordance with Finance's procedures the amount that was in excess of the Disbursement Cap. Any amounts payable by Finance to Dealer hereunder (i) shall not bear interest or similar increase or be subject to any claim by Dealer for interest or similar increase and (ii) shall be subject to set off in the discretion of Finance for any amounts owed by Dealer to Finance or any affiliate of Finance under this Agreement or otherwise.
Appears in 2 contracts
Sources: Dealer Agreement, Dealer Agreement