DEFAULT MANAGEMENT. 1. Bidders will have to deposit an amount equal to 5.22 % of trade value as EMD (Xxxxxxx Margin Deposit& Transaction Charges plus applicable GST) in Escrow account provided by Service Provider prior to bidding. Once the auction initiated, no request for EMD deposit / confirmation will be entertained. The 5% EMD will be adjusted in balance 95% payment to be made by the successful bidder in NAFED account & Service Provider Transaction Charges will be adjusted through balance EMD of 0.22 %. The Successful bidder(s) shall make 95% payment in the mentioned account details of NAFED within five bank working days from the date of sale confirmation (excluding the date of sale confirmation). In case, non receipt of 95% payment deposit within stipulated time, the allotment shall be cancelled and 5% Xxxxxxx Money would be forfeited”.
2. The initial deposit of EMD shall not carry interest and will be refunded without interest to the unsuccessful bidders.
DEFAULT MANAGEMENT. Bidders will have to deposit an amount equal to 5.22 % of trade value as EMD (Xxxxxxx Margin Deposit& Transaction Charges plus applicable GST) in Escrow account provided by Service Provider prior to bidding. Once the auction initiated, no request for EMD deposit / confirmation will be entertained. The 5% EMD will be adjusted in balance 95% payment to be made by the successful bidder in NAFED account & Service Provider Transaction Charges will be adjusted through balance EMD of 0.22 %. The Successful bidder(s) shall make 95% payment in the mentioned account details of NAFED within five bank working days from the date of sale confirmation (excluding the date of sale confirmation). In case, non receipt of 95% payment deposit within stipulated time, the allotment shall be cancelled and 5% Xxxxxxx Money would be forfeited”.
DEFAULT MANAGEMENT. Contributor will provide debt management services on behalf of New University to current and former New University students to assist in the management of debt load.
DEFAULT MANAGEMENT. With respect to any Mortgage Loan that transfers to Purchaser on the related Servicing Transfer Date and which is past due under the terms of the Mortgage Note, or with respect to any Foreclosure Loan, or Litigation Loan, Seller shall, not earlier than a date fifteen (15) days prior to the related Transfer Date or such earlier date as may be mutually agreed upon by Seller and Purchaser, provide Purchaser with written notice of all actions required to be performed by a servicer within thirty (30) days after the related Servicing Transfer Date, which are either known to Seller, or should be known to Seller in the performance of its duties as a servicer, and which are required to assure compliance with any insurer or guarantor requirements. Seller shall cooperate with and assist Purchaser, as reasonably requested by Purchaser, in providing information and assistance in connection with the orderly transition of the default management function from Seller to Purchaser.
DEFAULT MANAGEMENT. With respect to any Mortgage Loan that transfers to Purchaser on the Closing Date and which is past due under the terms of the Mortgage Note, or with respect to any Mortgage Loan (i) that is affected by a bankruptcy which has been filed; (ii) on which (x) a foreclosure has been completed or commenced or which has been forwarded to an attorney to commence foreclosure or (y) a deed-in-lieu of foreclosure has been accepted or is pending; or (iii) which is in any stage of litigation (excluding class action litigation where a named plaintiff is not a borrower of a Mortgage Loan included in the Servicing Rights), or which is the subject of an injunction or settlement requiring Seller to take action or affecting the origination or servicing of the Mortgage Loan(s), and which has a material adverse effect on the Mortgage Loan or the Servicing Rights associated with such Mortgage Loan, Seller shall, not earlier than a date fifteen (15) days prior to the Closing Date or such earlier date as may be mutually agreed upon by Seller and Purchaser, provide Purchaser with written notice of all actions required to be performed by a servicer within thirty (30) days after the Closing Date, which are either known to Seller, or should be known to Seller in the performance of its duties as a servicer under Applicable Requirements, and which are required to assure compliance with any Insurer or guarantor requirements. Seller shall cooperate with and assist Purchaser, as reasonably requested by Purchaser, in providing information and assistance in connection with the orderly transition of the default management function from Seller to Purchaser.
DEFAULT MANAGEMENT. 21.1 In theeventthe Recipient is in defaultunderthis Agreement, the partieswillmeet to reviewthesituation.
21.2 Notwithstandingsubsection 21.1, in theeventthe Recipient is in defaultunderthis Agreement, the Ministermay take one or more of the following actions as may reasonably be necessary, having regard to the nature and extent of the default:
21.2.1 requirethe Recipient to developandimplement a Management Action Planwithinsixty(60) calendar days,orat suchothertime asthepartiesmayagreeuponandsetoutinwriting;
21.2.2 require the Recipient to seek advisory support acceptable to the Minister;
21.2.3 appoint, upon providingnotice to the Recipient, a Third Party Funding Agreement Manager;
21.2.4 withhold any Funding otherwise payable;
21.2.5 require the Recipient to take any reasonable action necessary to remedy the default;
21.2.6 take such other reasonable action as the Minister deems necessary; and/or 21.2.7 terminate this Agreement.
21.3 In addition to the remedies available to the Minister set out in section 21.2, where the Recipient defaults in its obligation to providethe Ministerwiththe Financial Statements Packageunderthetermsandconditions of this Agreement, the Minister may:
21.3.1 requirethat an independentauditorrecognized in the Province / Territory in whichthe Recipient has its administrativeoffices be appointedimmediately by the Recipient at the Recipient'scost to preparethe Financial Statements Packageandanyotherfinancialreportsthatmay beoutstanding underthis Agreement;
21.3.2 appoint an independentauditorrecognized in the Province / Territory in whichthe Recipienthas its administrative offices and in which case:
(a) the Recipientwillprovidetheauditorappointed by the Ministerwithfullaccess to its financial records and provide such other information as the auditor may require to prepare the Financial Statements Package; and
(b) theRecipientwillreimbursetheMinisterforallcostsincurred inhavingtheFinancial Statements Package prepared.
DEFAULT MANAGEMENT. Charge has the meaning and shall be the amount calculated in accordance with Framework Schedule 5 (Management Information Requirements);
DEFAULT MANAGEMENT. 20.1 In theeventthe Recipient is in defaultunderthis Agreement, the partieswillmeet to reviewthesituation.
20.2 Notwithstandingsubsection 20.1, in theeventthe Recipient is in defaultunderthis Agreement, the Ministermay take one or more of the following actions as may reasonably be necessary, having regard to the nature and extent of the default:
20.2.1 requirethe Recipient to developandimplement a Management Action Planwithinsixty(60) calendar days,orat suchothertime asthepartiesmayagreeuponandsetoutinwriting;
20.2.2 require the Recipient to seek advisory support acceptable to the Minister;
20.2.3 appoint, upon providingnotice to the Recipient, a Third Party Funding Agreement Manager;
20.2.4 withhold any Funding otherwise payable;
20.2.5 require the Recipient to take any reasonable action necessary to remedy the default;
20.2.6 take such other reasonable action as the Minister deems necessary; and/or
20.2.7 terminate this Agreement. [COMMENT]Use this first version of 20.3 when the recipient is First Nations (i.e. Band) have an Agreement with FNIHB and a separate agreement with INAC (Common Recipient). Other Recipients suchas Tribal Councils, incorporated entities or Treatment Centres, etc. are not to use this clause. [/COMMENT]
20.3 In addition to the remedies available to the Minister set out in section 20.2, where the Recipient defaults in its obligation to provide DIAND with the Financial Statements Package under the terms and conditions of this Agreement, the Minister may: [COMMENT]Use this second version of 20.3 when the recipient is NOT a First Nation (i.e. If the Recipient is a Tribal Council,
DEFAULT MANAGEMENT. With respect to any Loan past due under the terms of the Note, or in any stage of bankruptcy, litigation or foreclosure, Seller shall, no earlier than a date fifteen (15) days prior to the Transfer Date or such earlier date as may be mutually agreed upon by Seller and Purchaser, provide Purchaser with written notice of all actions required to be performed by a servicer within thirty (30) days of the Transfer Date, which are known to Seller, or which should be known to Seller in the performance of its duties as a servicer under Agency Requirements, and which are required to assure compliance with any insurer or guarantor requirements. Seller shall cooperate with and assist Purchaser, as reasonably requested by Purchaser, in providing information and assistance in connection with the orderly transition of the default management function from Seller to Purchaser.
DEFAULT MANAGEMENT. 11.1 If the Issuer misses, fails to pay or repay outstanding Principal Amount (or any part thereof), any interest, profit and/or other payment payable in accordance with the terms of the Investment Note, the Security Documents and/or the Issuer Agreement and/or such other relevant documents when such sum is due and payable to you and/or us by the due date of any such payment or under the Investment Note, any Security Documents, the Issuer Agreement and/or such other relevant documents (“Defaults in Payment”), you agree that, subject to Clause 11.6 below, the Issuer may be given a grace period of 7 days to pay or repay the outstanding sum.
11.2 Notwithstanding and in addition to Clause 11.1 above, without prejudice to any of your rights and/or our rights, if:
(a) the Issuer Defaults in Payment;
(b) other than in respect of the obligation in Clause 11.2(a) above, the Issuer breaches or is reasonably suspected by us to have breached any of the terms of, or covenants, warranties or undertakings under the Investment Note, any Security Documents the Issuer Agreement, and/or any other agreements, which in our opinion, is incapable of remedy, or if capable of being remedied, was not remedied by the Issuer after we have served the Issuer a notice of at least 60 days (or such other period as may be determined by us) requiring the Issuer to remedy such breach; we may in our absolute discretion, do any of the following:
(i) immediately declare an event of default has occurred (“Event of Default”) and thereby declare that the whole of the outstanding Principal Amount, including any interest and/or profit (as the case may be), and any other amounts, fees or charges payable under the Investment Note, the Security Documents and/or this Agreement shall immediately become due and payable in a single lump sum (“Amount Due”), and thereafter, if deemed by us to be viable, call upon the Investors to vote on the following recovery actions (“Recovery Actions”) in accordance with Clause 14 below, at the Issuer and/or Investors cost and expense:
(A) to appoint a third party debt collector to collect from the Issuer the whole of the Amount Due and all cost and expenses incurred or to be incurred in connection to the Recovery Actions;
(B) to appoint legal adviser and/or solicitors to initiate legal proceedings against the Issuer to recover the Amount Due and all cost and expenses incurred or to be incurred in connection to the Recovery Actions;
(C) to appoint a bailiff or third party...
