Section 8—Original 8. This Guaranty shall be binding upon the Guarantor and upon its successors and assigns and shall inure to the benefit of and be enforceable by the Guaranteed Party and their successors and assigns; provided, however, that the Guarantor may not assign or transfer any of its rights or obligations hereunder without the prior written consent of the Guaranteed Party. The assignment rights of the Guaranteed Party will be in accordance with any applicable terms of the Agreement.
Deemed Delivery Unless shown to have been received earlier, such notice, instruction or other instrument shall be deemed to have been delivered, in the case of personal delivery, at the time it is left at the premises of the party, in the case of a registered letter at the expiration of five (5) business days after posting and, in the case of fax or electronic means, immediately on dispatch; provided that, if any document is sent by fax or electronic means outside normal business hours, it shall be deemed to have been received at the next time after delivery when normal business hours commence. Evidence that the notice, instruction, or other instrument was properly addressed, stamped, and put into the post shall be conclusive evidence of posting. In proving the service of notice sent by fax or electronic means it shall be sufficient to prove that the fax or electronic communication was properly transmitted.
Section 13—Original 13. The Guarantor represents and warrants that: (a) it is duly organized and validly existing under the laws of the jurisdiction in which it was organized and has the power and authority to execute, deliver, and perform this Guaranty; (b) no authorization, approval, consent or order of, or registration or filing with, any court or other governmental body having jurisdiction over the Guarantor is required on the part of the Guarantor for the execution, delivery and performance of this Guaranty except for those already made or obtained; (c) this Guaranty constitutes a valid and legally binding agreement of the Guarantor, and is enforceable against the Guarantor in accordance with its terms; and (d) the execution, delivery and performance of this Guaranty by the Guarantor have been and remain duly authorized by all necessary corporate or comparable action and do not contravene any provision of its constituent documents or any law, regulation or contractual restriction binding on it or its assets.
Original LOAN-TO-VALUE RATIOS ------------------------------------------------------------------------------------------------------------------------------------ PRINCIPAL % OF REMAINING RANGE OF ORIGINAL NUMBER BALANCE PRINCIPAL TERM TO DEBT-TO- MORTGAGE LOAN-TO-VALUE OF MORTGAGE AS OF BALANCE AS OF MATURITY INCOME RATES (%) LOANS THE CUT-OFF DATE THE CUT-OFF DATE (MONTHS) (%) (%) FICO OLTV (%) ------------------------ ------------ --------------------- ----------------- ----------- ---------- ------------- ------- --------- <= 25.00 5 269,532.34 0.04 312 35.41 8.059 581 18.04 25.01 - 30.00 9 1,085,682.43 0.18 344 41.35 7.036 608 28.38 30.01 - 35.00 14 1,804,426.72 0.3 342 42.38 6.514 666 33.6 35.01 - 40.00 10 955,236.70 0.16 321 43.88 8.12 555 37.21 40.01 - 45.00 17 1,762,750.68 0.29 338 40.56 7.35 652 42.65 45.01 - 50.00 31 3,120,641.28 0.52 347 36.26 7.476 563 48.3 50.01 - 55.00 41 5,705,400.56 0.95 352 35.54 7.016 609 53.07 55.01 - 60.00 66 10,873,494.23 1.81 354 39.46 7.333 583 58.11 60.01 - 65.00 103 15,379,498.35 2.56 351 36.03 7.282 587 63.2 65.01 - 70.00 190 28,832,254.40 4.8 345 38.33 7.394 598 68.66 70.01 - 75.00 277 51,360,506.79 8.54 353 41.83 7.586 576 74.29 75.01 - 80.00 460 90,013,602.68 14.97 355 38.17 7.208 600 79.33 80.01 - 85.00 419 81,696,497.01 13.59 353 39.24 7.263 600 84.22 85.01 - 90.00 840 170,332,403.61 28.33 357 38.87 7.452 616 89.61 90.01 - 95.00 408 103,405,811.45 17.2 357 41.21 7.588 640 94.63 95.001 - 100.000 592 34,690,611.40 5.77 354 36.19 10.367 665 99.97 ------------------------ ------------ --------------------- ----------------- ----------- ---------- ------------- ------- --------- TOTAL: 3,482 601,288,350.63 100 355 39.21 7.577 612 84.15 ------------------------ ------------ --------------------- ----------------- ----------- ---------- ------------- ------- ---------
ORIGINALS This Agreement may be executed in counterparts each of which so executed shall be deemed an original and constitute one and the same agreement.
DEEMED POSSESSION It is understood by the Allottee that even if the Allottee fails to take possession of the Apartment within the date such possession is offered by the Promoter, the Allottee shall be deemed to have taken possession on the 15 days from the date of such notice which date, for all purposes and irrespective of the actual date when the Allottee takes physical possession of the Apartment, will be deemed to be the possession date (“Possession Date”). On and from the Possession Date:
Counterpart Originals The parties may sign any number of copies of this Indenture. Each signed copy shall be an original, but all of them together represent the same agreement.
Counterparts and Multiple Originals This Agreement may be executed in multiple originals, and may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same Agreement.
FAIR CONSTRUCTION & INTERPRETATION The provisions of this Master Contract shall be construed as a whole according to their common meaning and not strictly for or against any party and consistent with the provisions contained herein in order to achieve the objectives and purposes of this Master Contract. Each party hereto and its counsel has reviewed and revised this Master Contract and agrees that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be construed in the interpretation of this Master Contract. Each term and provision of this Master Contract to be performed by either party shall be construed to be both a covenant and a condition.
MULTIPLE ORIGINALS This Agreement may be executed on two or more counterparts, each of which when so executed shall be deemed to be an original, but such counterparts shall together constitute but one and the same instrument.
