Common use of Fidelity Bond and Errors and Omissions Insurance Clause in Contracts

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insured. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days’ prior written notice to the Indenture Trustee.

Appears in 5 contracts

Samples: Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc), Indenture (Silverleaf Resorts Inc)

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Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insured. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days' prior written notice to the Indenture Trustee.

Appears in 4 contracts

Samples: Indenture (Silverleaf Resorts Inc), Indenture (Bluegreen Corp), Indenture (Bluegreen Corp)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insureda loss payee or certificate holder. No provision of this Section 5.7 requiring such fidelity bond or and errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or and errors and omissions insurance coverage and, by the terms of such fidelity bond or and errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or and errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days’ prior written notice to the Indenture Trustee, provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide ten days’ prior written notice of any cancellation or modification initiated by such insurer.

Appears in 3 contracts

Samples: Indenture (BBX Capital Corp), Indenture (Bluegreen Corp), Indenture (Bluegreen Corp)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insureda certificateholder. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days30 days’ prior written notice to the Servicer (or ten days’ prior written notice if the policyholder hasn’t timely paid its premium payments); provided, that the Servicer agrees to provide written notice of any cancellation or materially adverse modification initiated by such insurer to the Indenture TrusteeTrustee within five Business Days of receipt from the applicable insurer of any such notice.

Appears in 3 contracts

Samples: Omnibus Amendment (Bluegreen Vacations Corp), Indenture (Bluegreen Vacations Holding Corp), Indenture (BBX Capital Corp)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insured. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days' prior written notice to the Indenture Trustee, provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide ten days' prior written notice of any cancellation or modification initiated by such insurer.

Appears in 2 contracts

Samples: Indenture (Bluegreen Corp), Indenture (Bluegreen Corp)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insureda certificate holder. No provision of this Section 5.7 requiring such fidelity bond or and errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or and errors and omissions insurance coverage and, by the terms of such fidelity bond or and errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or and errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days’ prior written notice to the Indenture Trustee, provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide ten days’ prior written notice of any cancellation or modification initiated by such insurer.

Appears in 2 contracts

Samples: Indenture (BFC Financial Corp), Indenture (BBX Capital Corp)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee Buyer as an additional insuredloss payee or certificate holder. No provision of this Section 5.7 7.7 requiring such fidelity bond or and errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this IndentureAgreement. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or and errors and omissions insurance coverage and, by the terms of such fidelity bond or and errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture TrusteeBuyer, the Servicer shall deliver to the Indenture TrusteeBuyer, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or and errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days’ Days prior written notice to the Indenture TrusteeBuyer, provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide ten (10) days prior written notice of any cancellation or modification initiated by such insurer.

Appears in 2 contracts

Samples: Loan Sale and Servicing Agreement (Bluegreen Corp), Loan Sale and Servicing Agreement (Bluegreen Corp)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insured. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days’ 30 days' prior written notice to the Indenture Trustee; provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide 10 days' prior written notice of any cancellation or materially adverse modification initiated by such insurer.

Appears in 2 contracts

Samples: Indenture (Bluegreen Corp), Indenture (Bluegreen Corp)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insured. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days30 days’ prior written notice to the Indenture Trustee; provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide 10 days’ prior written notice of any cancellation or materially adverse modification initiated by such insurer.

Appears in 2 contracts

Samples: Amended and Restated Indenture (Bluegreen Corp), Indenture (Bluegreen Corp)

Fidelity Bond and Errors and Omissions Insurance. The ------------------------------------------------ Servicer shall maintain maintain, at its own expense, a blanket fidelity bond and an errors and omissions insurance policy, with broad coverage with responsible companies on all officers, employees or cause other persons acting on behalf of the Servicer in any capacity with regard to be maintained the Loans to handle funds, money, documents and papers relating to the Loans. Any such fidelity bond and errors and omissions insurance with respect to shall protect and insure the Servicer against losses, including forgery, theft, embezzlement, fraud, errors and omissions and negligent acts of such persons and shall be maintained in such a form and in amounts as is customary for institutions acting as custodian amount that would meet the requirements of funds in respect of timeshare loans or receivables on behalf of prudent institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insuredloan servicers. No provision of this Section 5.7 4.07 requiring such fidelity bond or and errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this IndentureAgreement. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or and errors and omissions insurance policy coverage and, by the terms of such fidelity bond or and errors and omissions insurance omission policy, the coverage afforded thereunder extends to the Servicer. Upon a written request of the Indenture TrusteeTrustee or a Class A Certificateholder, the Servicer shall deliver cause to be delivered to the Indenture TrusteeTrustee or such Class A Certificateholder, as applicable, a certification evidencing coverage under such fidelity bond and the errors and omissions insuranceinsurance policy. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days’ thirty days' prior written notice to the Indenture TrusteeTrustee and the Certificateholders.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Atherton Capital Inc)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insuredinsured or certificateholder. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days30 days’ prior written notice to the Indenture Trustee; provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide 10 days’ prior written notice of any cancellation or materially adverse modification initiated by such insurer.

Appears in 1 contract

Samples: Third Amended and Restated Indenture (Bluegreen Corp)

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Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insureda loss payee or certificateholder. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days30 days’ prior written notice to the Indenture Trustee; provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide 10 days’ prior written notice of any cancellation or materially adverse modification initiated by such insurer.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee Collateral Agent as an additional insuredCertificateholder. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this IndentureNote Purchase Agreement. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture TrusteeCollateral Agent, the Servicer shall deliver to the Indenture TrusteeCollateral Agent, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days’ prior written notice to the Indenture TrusteeCollateral Agent, provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide (or to endeavor to provide) ten days’ prior written notice of any cancellation or modification initiated by such insurer.

Appears in 1 contract

Samples: Note Purchase Agreement (Stratstone/Bluegreen Secured Income Fund, LLC)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insuredinsured or certificate holder. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days’ prior written notice to the Indenture Trustee, provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide ten days’ prior written notice of any cancellation or modification initiated by such insurer.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insured. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days’ prior written notice to the Indenture Trustee, provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide ten days’ prior written notice of any cancellation or modification initiated by such insurer.

Appears in 1 contract

Samples: Indenture (Bluegreen Corp)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 42 per policy and shall name the Indenture Trustee as an additional insureda loss payee or certificate holder. No provision of this Section 5.7 requiring such fidelity bond or and errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or and errors and omissions insurance coverage and, by the terms of such fidelity bond or and errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or and errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days’ prior written notice to the Indenture Trustee, provided, that the Servicer agrees to use commercially reasonable efforts to require the applicable insurer to provide ten days’ prior written notice of any cancellation or modification initiated by such insurer.

Appears in 1 contract

Samples: Indenture (BFC Financial Corp)

Fidelity Bond and Errors and Omissions Insurance. The Servicer shall maintain or cause to be maintained fidelity bond and errors and omissions insurance with respect to the Servicer in such form and in amounts as is customary for institutions acting as custodian of funds in respect of timeshare loans or receivables on behalf of institutional investors; provided that such insurance shall be in a minimum amount of $1,000,000 per policy and shall name the Indenture Trustee as an additional insureda certificateholder. No provision of this Section 5.7 requiring such fidelity bond or errors and omissions insurance shall diminish or relieve the Servicer from its duties and obligations as set forth in this Indenture. The Servicer shall be deemed to have complied with this provision if one of its respective Affiliates has such fidelity bond or errors and omissions insurance coverage and, by the terms of such fidelity bond or errors and omissions insurance policy, the coverage afforded thereunder extends to the Servicer. Upon a request of the Indenture Trustee, the Servicer shall deliver to the Indenture Trustee, a certification evidencing coverage under such fidelity bond and the errors and omissions insurance. Any such fidelity bond or errors and omissions insurance policy shall not be canceled or modified in a materially adverse manner without ten (10) Business Days30 days’ prior written notice to the Servicer (or ten days’ prior written notice if the policyholder hasn’t timely paid its premium payments); provided, that the Servicer agrees to provide written notice of any cancellation or materially adverse modification initiated by such insurer to the Indenture Trustee.Trustee within five Business Days of receipt from the applicable insurer of any such notice. 34

Appears in 1 contract

Samples: Omnibus Amendment (BBX Capital Corp)

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