Defeasance Provisions. Any Mortgage Loan which contains a provision for any defeasance of mortgage collateral by the Mortgagor, either (A) requires the consent of the holder of the Mortgage Loan to any defeasance, or (B) permits defeasance (i) no earlier than two years after the Closing Date (as defined in the Pooling and Servicing Agreement, dated as of Xxxxx 0, 0000), (xx) only with substitute collateral constituting "government securities" within the meaning of Treas. Reg. ss. 1.860G-2(a)(8)(i), and (iii) only to facilitate the disposition of mortgage real property and not as a part of an arrangement to collateralize a REMIC offering with obligations that are not real estate mortgages.
Defeasance Provisions. Any Mortgage Loan which contains a provision for any defeasance of mortgage collateral either (A) requires the consent of the holder of the Mortgage Loan to any defeasance, or (B) permits defeasance (i) no earlier than two years after the Closing Date (as defined in the Pooling and Servicing Agreement, dated as of August 1, 1998), (ii) only with substitute collateral constituting "government securities" within the meaning of Treas. Reg.
Section 1. 860G-2(a)(8)(i), and (iii) only to facilitate the disposition of mortgage real property and not as a part of an arrangement to collateralize a REMIC offering with obligations that are not real estate mortgages. It is understood and agreed that the representations and warranties set forth in this EXHIBIT B shall survive delivery of the respective Mortgage Files to the Purchaser, the Depositor and/or the Trustee and shall inure to the benefit of the Purchaser, and its successors and assigns (including without limitation the Depositor, the Trustee and the holders of the Certificates), notwithstanding any restrictive or qualified endorsement or assignment. SCHEDULE B-1 TO EXHIBIT B EXCEPTIONS TO REPRESENTATIONS AND WARRANTIES
Defeasance Provisions. The defeasance and covenant defeasance provisions of the Indenture will apply to the Designated Securities.
Defeasance Provisions. Notwithstanding the provisions of Article X of this Indenture, Bonds will not be defeased by making investments except as provided below, and to the extent permitted under the applicable laws of the Commonwealth: Only cash, direct non-callable obligations of the United States of America and securities fully and unconditionally guaranteed as to the timely payment of principal and interest by the United States of America, to which direct obligation or guarantee the full faith and credit of the United States of America has been pledged, Refcorp interest strips, CATS, TIGRS, STRPS, or defeased municipal bonds rated AAA by S&P or Aaa by Moody’s (or any combination of the foregoing) shall be used to effect defeasance of the Bonds unless the Bond Insurer otherwise approves. In the event of an advance refunding, the Company shall cause to be delivered (i) a verification report of an independent nationally recognized certified public accountant verifying the sufficiency of the escrow deposit agreement (which shall be acceptable in form and substance to the Bond Insurer); (ii) an opinion of nationally recognized bond counsel addressed to the Bond Insurer to the effect that the Bonds are no longer Outstanding under the Indenture; and (iii) a certificate of discharge of the Trustee with respect to the Bonds, each verification and defeasance shall be acceptable in form and substance to the Bond Insurer, and shall be addressed to the Issuer, the Company, the Trustee and the Bond Insurer. The Bond Insurer shall be provided with final drafts of the above-referenced documentation prior to the funding of the escrow. The Bonds shall be deemed Outstanding unless and until they are in fact paid and retired or the above criteria are met. If a forward supply contract is employed in connection with the refunding, (i) such verification report shall expressly state that the adequacy of the escrow to accomplish the refunding relies solely on the initial escrowed investments and the maturing principal thereof and interest income thereon and does not assume performance under or compliance with the forward supply contract, and (ii) the applicable escrow agreement shall provide that in the event of any discrepancy or difference between the terms of the forward supply contract and the escrow agreement (or the authorizing document, if no separate escrow agreement is utilized), the terms of the escrow agreement or authorizing document, if applicable, shall be controlling.
Defeasance Provisions. The defeasance and covenant defeasance provisions set forth in Article Thirteen of the Subordinated Indenture will apply to the Designated Securities.
Defeasance Provisions. The Designated Securities are entitled to full defeasance and discharge under certain conditions. No overallotment option.
Defeasance Provisions. The Notes shall be subject to the defeasance and discharge provisions of Section 1302 of the Indenture and the defeasance of certain obligations and certain events of default provisions of Section 1303 of the Indenture.
Defeasance Provisions. The provisions described under the caption "Description of Securities - Defeasance and Covenant Defeasance" in the Prospectus, dated January 22, 1997, will apply to the Designated Securities.
Defeasance Provisions. Any Mortgage Loan which contains a provision for any defeasance of mortgage collateral either (A) requires the consent of the holder of the Mortgage Loan to any defeasance, or (B) permits defeasance (i) no earlier than two years after the Closing Date (as defined in the Pooling and Servicing Agreement, dated as of May 1, 1998), (ii) only with substitute collateral constituting "government securities" within the meaning of Treas. Reg. ss. 1.860G-2(a)(8)(i), and (iii) only to facilitate the disposition of mortgage real property and not as a part of an arrangement to collateralize a REMIC offering with obligations that are not real estate mortgages. It is understood and agreed that the representations and warranties set forth in this Exhibit C shall survive delivery of the respective Mortgage Files to the Purchaser and/or the Trustee and shall inure to the benefit of the Purchaser, and its successors and assigns (including without limitation the Trustee and the holders of the Certificates), notwithstanding any restrictive or qualified endorsement or assignment. SCHEDULE C-1 to EXHIBIT C REPRESENTATIONS AND WARRANTIES EXCEPTIONS
1. CCRT Properties, L.P. (Grossmont Trolley) - TA1585 a) (ii) and (xx). In order for Seller to assign its interest in that certain Assignment of License Agreement for Parking, Seller must notify the San Diego Metropolitan Transit Development Board of the assignment and must notify its assignee of the obligation to notify San Diego Metropolitan Transit Development Board of any future assignments. In order for assignees to take over Seller's interest, they are subject to both the rights and the obligations under the Assignment.
Defeasance Provisions. Any Mortgage Loan which contains a provision for any defeasance of mortgage collateral by the Mortgagor, either (A) requires the consent of the holder of the Mortgage Loan to any defeasance, or (B) permits defeasance (i) no earlier than two years after the Closing Date (as defined in the Pooling and Servicing Agreement, dated as of
Section 1. 860G-2(a)(8)(i), and (iii) only to facilitate the disposition of mortgage real property and not as a part of an arrangement to collateralize a REMIC offering with obligations that are not real estate mortgages.
