Determination of Non-Conformance. The Agency shall carefully consider the circumstances and available facts in determining whether there is a pattern of lender non-conformance with applicable standards. The Agency shall determine the propriety of any decision made by the lender based on facts available at the time the specific action was taken. It is understood by the Agency and intended by this agreement that the lender has the authority to exercise reasonable judgement in performing acts within its authority. However, the Agency reserves the right to question any act performed or conclusion drawn that is inconsistent with this agreement or Agency regulations or prudent lending practices.
Determination of Non-Conformance. The Agency shall carefully consider the facts and circumstances available when determining whether or not the Lender has acted in non-conformance with the applicable standards. The Agency's determination may be as a result of, but not limited to, a review of the following: • Conformance in meeting financial criteria of the Agency, • Adequacy in meeting the standards of the Agency, including origination, servicing, collection of fees and loan payments, and protection of collateral; • Adherence to the reporting requirements of the Agency; • Evidence that the Lender is operating in a sound and prudent businesslike manner; • Performance ratios of the portfolio compared to industry performance ratios for delinquency and default; and • Audit findings of on-site reviews conducted by the Agency of the underwriting and/or servicing performed by the Lender or the financial condition and viability of the Lender.
Determination of Non-Conformance. If the intermediary is found to be in non-compliance with Federal or State law or regulation, Agency guidelines, or terms of this MOU, the Agency reserves the right to take appropriate action.
Determination of Non-Conformance. If the packaging body is found to be in non- compliance with Federal or State law or regulation, Agency guidelines, or terms of this MOU, the Agency reserves the right to take appropriate action.
