Amendment to the Agreements. The Agreements are hereby amended as set forth in Appendix B hereto with respect to the Specified Mortgage Loans.
Amendment to the Agreements. 6.1 The carrier or travel agent shall be authorized to amend the carriage or travel agreement in an essential respect on account of urgent reasons and it shall inform the client or the traveller thereof at the earliest opportunity. The client or the traveller may reject the amendment. If the carrier or travel agent should amend the carriage or travel agreement in a non-essential aspect on account of urgent reasons, it shall inform the client or the traveller at the earliest opportunity, in which event the latter shall be entitled to reject the amendment only if constitutes a more than minor inconvenience.
6.2 The client or the traveller must inform the carrier or the travel agent of any rejection at the earliest opportunity, in the absence of which the rejection shall be null and void.
6.3 In the event of a rejection by the client or the traveller in the manner described in section 6.2 above, the carrier or the travel agent shall be authorized to terminate the carriage or travel agreement, in the sense however that the latter must exercise this authority at the earliest opportunity. In the event of such a termination, the client or the traveller shall be entitled to a refund or discharge from the fare or the costs of the travel arrangement, or, if the carriage or the travel arrangement has already been partially provided, to a proportion thereof.
Amendment to the Agreements. The parties to the Agreements hereby agree to amend the Agreements as follows:
(a) The second sentence of the second paragraph of Section 3.03 in the Agreements, solely with respect to the Specified Mortgage Loans, is hereby amended by deleting such sentence in its entirety and replacing it with the following: “Any substitute Mortgage Loan shall (a) have a principal balance at the time of substitution, after deduction of the principal portion of the scheduled payment due in the month of substitution, not in excess of, and not more than ten (10%) percent less than, the principal balance of the defective Mortgage Loan (the amount of any difference, plus one month’s interest thereon at the Mortgage Interest Rate borne by the defective Mortgage Loan, being paid by the applicable Seller and deemed to be a Principal Prepayment to be deposited by the Seller in the Custodial Account), (b) have a Mortgage Interest Rate not less than, and not more than one percentage point greater than, the Mortgage Interest Rate of the removed Mortgage Loan, (c) have a remaining term to stated maturity not later than, and not more than one (1) year less than, the remaining term to stated maturity of the removed Mortgage Loan, (d) be, in the reasonable determination of the Purchaser, of the same type, quality and character (including location of the Mortgaged Property) as the removed Mortgage Loan as if the breach had not occurred, (e) have a Loan-to-Value Ratio at substitution no greater than that of the removed Mortgage Loan at substitution, (f) have a Gross Margin not less than that of the removed Mortgage Loan, (g) have the same Periodic Rate Cap as that of the removed Mortgage Loan; (h) have a minimum rate not less than that of the removed Mortgage Loan, (i) not permit conversion of the related Mortgage Interest Rate to a permanent fixed Mortgage Interest Rate, (j) have the same Index as that of the removed Mortgage Loan, (k) be, in the reasonable determination of the Purchaser, in material compliance with the representations and warranties contained in this Agreements and described in Section 3.02 as of the date of substitution, (l) have not been more than thirty (30) days delinquent on more than one occasion during the previous twelve (12) months, and (m) have payment terms that do not vary in any material respect from those of the removed Mortgage Loan.”
(b) Notwithstanding any provision in the Agreements to the contrary, the parties to the Agreements hereby agree that the S...
Amendment to the Agreements. The parties to this Assignment agree to deem the 2002 Additional Collateral Agreement together with the 2006 Flow Purchase and Servicing Agreement, as a single servicing agreement (the “Combined Servicing Agreement”) for purposes of Section 7.04 (Annual Compliance Statement) and 7.05 (Annual Assessment of Compliance and Attestation Report) of the 2006 Flow Purchase and Servicing Agreement. Accordingly, the certificates delivered by the Servicer pursuant to those sections shall address all categories applicable to the Combined Servicing Agreement. In addition, the Agreements are hereby amended as set forth in Appendix B hereto with respect to the Specified Mortgage Loans.
Amendment to the Agreements. The following provisions shall be added to and shall supersede any conflicting provisions in the Agreements. References to Broadridge shall mean the applicable Broadridge entity for the applicable agreement, and references to E*TRADE or Client shall mean the applicable E*TRADE entity for the applicable agreement. For the avoidance of doubt, similar provisions in the Agreements which protect Broadridge’s Confidential Information and audit rights shall continue in full force and effect and shall not be superseded by the terms of this Amendment.
Amendment to the Agreements. Each Agreement is hereby amended as follows:
(a) The definition of “Filing Date” in each Agreement is hereby amended and restated in its entirety to read as follows: “‘Filing Date’ means the earlier of (i) the date on which the registration statement in connection with a Qualified Financing is required to be filed pursuant to the transaction documents for such Qualified Financing, or (ii) August 31, 2007.”
(b) The definition of “Qualified Financing” in each Agreement is hereby amended and restated in its entirety to read as follows:
Amendment to the Agreements. The parties to the Agreements hereby agree to amend the Agreements as follows:
(a) The definition of “Eligible Accounts” is hereby deleted and replaced in its entirety by: Eligible Account: An account that is (i) maintained with a depository institution the long-term unsecured debt obligations of which are rated by each Rating Agency in one of its two highest rating categories or (ii) maintained with the corporate trust department of a national bank or banking corporation which (a) has a rating of at least Baa3 or P-3 by Xxxxx’x and (b) is either Chase or is the corporate trust department of a national bank or banking corporation which has a rating of at least A-1 by S&P or F1 by Fitch Ratings, or (iii) a segregated trust account, or (iv) a segregated trust account or accounts in a depository institution in which such accounts are also insured by the FDIC (to the limit established by the FDIC), the uninsured deposits in which accounts are otherwise secured such that, as evidenced by an Opinion of Counsel delivered to and acceptable to the Trustee and each Rating Agency, the Certificate holders have a claim with respect to the funds in such account and a perfected first security interest against any collateral (which shall be limited to Eligible Investments) securing such funds that is superior to claims of any other depositors or creditors of the depository institution with which such account is maintained, provided, however, that such uninsured deposits do not result in the reduction of the ratings assigned to the Certificates by the Rating Agencies as evidenced by a letter from each Rating Agency or (v) otherwise acceptable to each Rating Agency without reduction or withdrawal of the rating of any Class of Certificates, as evidenced by a letter from each Rating Agency.
(b) The second sentence of the second paragraph of Section 3.03 in the Agreements, solely with respect to the Specified Mortgage Loans, is hereby amended by deleting such sentence in its entirety and replacing it with the following: “Any substitute Mortgage Loan shall (a) have a principal balance at the time of substitution, after deduction of the principal portion of the scheduled payment due in the month of substitution, not in excess of, and not more than ten (10%) percent less than, the principal balance of the defective Mortgage Loan (the amount of any difference, plus one month’s interest thereon at the Mortgage Interest Rate borne by the defective Mortgage Loan, being paid by the ap...
Amendment to the Agreements. The definition of “Fulfilment Date” in each of the Agreement is hereby and deleted and the following substituted therefor: ““Fulfilment Date” the last day of the calendar month during which the Transfer is registered.” (RS\AGR\AMPLATS\ANOORAQ AXXXXXX\ XXXX00-XX00 SECOND ADDENDUM TO SALE OF CONCENTRATE AGR) MT/AC/gvh THUS DONE and SIGNED at ___________________________ on this the ________________ day of ________________________ 2009. For and on behalf of by _____________________________________ who warrants his authority hereto THUS DONE and SIGNED at ___________________________ on this the ________________ day of ________________________ 2009. For and on behalf of by _____________________________________ who warrants his authority hereto ANGL12-CS19 (RS\AGR\AMPLATS\ANOORAQ AXXXXXX\ XXXX00-XX00 THIRD ADDENDUM TO SALE OF CONCENTRATE AGR) AC 25.06.09 ANGL12-CS19 (RS\AGR\AMPLATS\ANOORAQ AXXXXXX\ XXXX00-XX00 THIRD ADDENDUM TO SALE OF CONCENTRATE AGR) AC
Amendment to the Agreements. The Agreements are hereby amended as provided in this Section 2.
Amendment to the Agreements. The Master Purchase Agreements are hereby amended as set forth in Appendix B hereto with respect to the Specified Mortgage Loans.