Applicable. The following shall each be specified as "Additional Termination Events" pursuant to Section 5(b)(v):
Applicable. (i) Section 5(a)(iii)(1) will apply to Party B in respect of Party B’s obligations under Paragraphs 3(b) and 8(d) of that certain Credit Support Annex, dated as of the date hereof, attached hereto and made a part hereof between Party A and Party B (as from time to time amended, supplemented or replaced, the “Credit Support Annex”).
Applicable. At the time set forth in Section 1.3 when the trust is required to make payment to the Executive, the trustee shall make such payment and perform any necessary calculation of benefits in the same manner as outlined in the schedule provided by Key to the trustee prior to the date of the Change of Control.
Applicable. The following shall each be specified as "Additional Termination Events" pursuant to Section 5(b)(v): Partial Unwind. The exercise of a partial unwind of the Underlying Securities by a Certificateholder in accordance with Section 7 of the Series Supplement, in which case, (1) a portion of the Notional Amount of the Transactions equal to the related Partial Unwind Amount shall be terminated and (2) the Early Termination Date with respect to such portion of the Notional Amount of the Transactions shall be the related Partial Unwind Date. For the purposes the foregoing Additional Termination Event, Party A shall be the Affected Party.
Applicable. At a minimum, the financing for the Project shall include a Taxable Tail in the amount of $0,000. Taxable debt may only be utilized for Project related expenses, not for the cost of issuance, for which the Project Sponsor could otherwise have used tax-exempt financing. Not Applicable
Applicable. LAW All transactions under this Agreement shall be subject to the Commodity Exchange Act and the constitution, rules, regulations, customs, usages, rulings and interpretations of the Commodity Futures Trading Commission ("CFTC"), domestic or foreign exchange markets, and their clearing houses, if any, where the transactions are executed by Merrill Lynch or Merrill Lynch's agents ("Applicable Law"). Merrill Xxxxx ix xxxeby xxxxxxxxxx, xx its discretion, to employ afxxxxxxxd xxx nonaffiliated clearing members, carrying brokers and floor brokers as Merrill Lynch's agents or to engage in pre-execution discussions if xxxxxxxx xxxxxs electronically, in connection with the execution, carrying, clearance, delivery and settlement of any such transactions as permitted by Applicable Law. Client agrees to provide Merrill Lynch any information necessary for Merrill Lynch to responx xx xxy xxxxiry from any exchange or other xxxxxxxoxx xxency pursuant to Applicable Law. Absent a separate written agreement with Client with respect to give-ups, Merrill Lynch, in its discretion, may, but shall not be obligated tx, xxxxpx xxxm other brokers selected by Client, Futures Contracts executed by such brokers which are given up to Merrill Lynch for clearing in Client's Account. If Client has execuxxx xxxh xxxxr brokers and Merrill Lynch is required to pay such executing brokers give up feex, Xxxxnx xxxees that Merrill Lynch may withhold such fees from Client's Account in anticxxxxxxx xx xxch payment coming due.
Applicable. APPLICABLE SERVICING SERVICING CRITERIA CRITERIA ------------------------------------------------------------------------------------------------------------------- Reference Criteria ------------------------------------------------------------------------------------------------------------------- General Servicing Considerations Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the 1122(d)(1)(i) transaction agreements. Trustee/Servicer If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party's performance and compliance with such servicing 1122(d)(1)(ii) activities. Trustee/Servicer Any requirements in the transaction agreements to maintain a 1122(d)(1)(iii) back-up servicer for the mortgage loans are maintained. N/A A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the Servicer 1122(d)(1)(iv) transaction agreements. Cash Collection and Administration Payments on mortgage loans are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction 1122(d)(2)(i) agreements. Servicer Disbursements made via wire transfer on behalf of an obligor or to 1122(d)(2)(ii) an investor are made only by authorized personnel. Servicer/Trustee Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified 1122(d)(2)(iii) in the transaction agreements. Servicer
Applicable. Any claim or controversy relating in any way to this ---------- Agreement shall be governed and interpreted exclusively in accordance with the laws of the State of California and the United States without regard to the United Nations Convention on Contracts for the International Sale of Goods. This Agreement shall be deemed to have been made in, and shall be construed under, the internal laws of the State of California, without regard to the principles of conflicts of laws thereof and the United Nations Convention on Contracts for the International Sale of Goods. Any mediation under Section 17.4(iii) below shall be conducted in Los Angeles County, California. In addition, Xxxxxx.xxx and Distributor acknowledge and agree that the courts located in such county shall have exclusive jurisdiction in any action or proceedings with respect to this Agreement, including the federal district courts located in such county.
