GENERAL TERMS    19 Sample Clauses

GENERAL TERMS    19. Section 2.1. Loan Commitment; Disbursement to Borrower 19 Section 2.2. Interest Rate 20 Section 2.3. Loan Payment 21 Section 2.4. Prepayments 21 Section 2.5. Release 22 Section 2.6. Lockbox Account/Cash Management 22 Section 2.7. Defeasance 23 III. INTENTIONALLY DELETED 25 IV. REPRESENTATIONS AND WARRANTIES 25 Section 4.1. Borrower Representations 25 Section 4.2. Survival of Representations 33 Section 4.3. Knowledge and Other Matters 33 V. BORROWER COVENANTS 33 Section 5.1. Affirmative Covenants 33 Section 5.2. Negative Covenants 43 VI. INSURANCE; CASUALTY; CONDEMNATION; REQUIRED REPAIRS 48 Section 6.1. Insurance 48 Section 6.2. Casualty 51 Section 6.3. Condemnation 52 Section 6.4. Restoration 52 VII. RESERVE FUNDS 56 Section 7.1. Required Repairs 56 Section 7.2. Tax and Insurance Escrow Fund 56 Section 7.3. Replacements and Replacement Reserve 57 Section 7.4. Reserve Funds, Generally 60 VIII. DEFAULTS 61 Section 8.1. Event of Default 61 Section 8.2. Remedies 63 Section 8.3. Remedies Cumulative; Waivers 64 IX. SPECIAL PROVISIONS 64 Section 9.1. Secondary Market Transactions 64 Section 9.2. Securitization Indemnification 66 TABLE OF CONTENTS (continued) Page Section 9.3. Exculpation 68 Section 9.4. Matters Concerning Manager 71 Section 9.5. Servicer 71 X. MISCELLANEOUS 71 Section 10.1. Survival 71 Section 10.2. Intentionally Omitted 71 Section 10.3. Governing Law 71 Section 10.4. Modification, Waiver in Writing 73 Section 10.5. Delay Not a Waiver 73 Section 10.6. Notices 73 Section 10.7. Trial by Jury 74 Section 10.8. Headings 74 Section 10.9. Severability 74 Section 10.10. Preferences 75 Section 10.11. Waiver of Notice 75 Section 10.12. Remedies of Borrower 75 Section 10.13. Expenses; Indemnity 75 Section 10.14. Schedules Incorporated 77 Section 10.15. Offsets, Counterclaims and Defenses 77 Section 10.16. No Joint Venture or Partnership; No Third Party Beneficiaries 77 Section 10.17. Publicity 77 Section 10.18. Waiver of Marshalling of Assets 78 Section 10.19. Waiver of Counterclaim 78 Section 10.20. Conflict; Construction of Documents; Reliance 78 Section 10.21. Brokers and Financial Advisors 78 Section 10.22. Prior Agreements 79 Section 10.23. Execution in Counterparts 79 Section 10.24. Entire Agreement 79 Section 10.25. Time is of the Essence 79
Sample 1
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GENERAL TERMS    19. Section 2.1. Loan Commitment; Disbursement to Borrower 19 Section 2.2. Interest Rate Protection Agreement. 19 Section 2.3. Loan Payments 21 Section 2.4. Late Payment Charge 22 Section 2.5. Prepayment 22 Section 2.6. Payments after Default 23 Section 2.7. Intentionally Deleted 23 Section 2.8. Usury Savings 24 Section 2.9. Unavailability of Rate. 24 Section 2.10. Extension of the Maturity Date. 27 Section 2.11. Additional Payment Provisions 28
Sample 1

Related to GENERAL TERMS    19

  • General Terms For purposes of this Agreement the following terms shall have the following meanings:

  • General Terms and Conditions 14.1 The parties hereto hereby covenant and agree that they will execute such further agreements, conveyances and assurances as may be requisite, or which counsel for the parties may deem necessary to effectually carry out the intent of this Agreement.

  • Certain General Terms 7.1 [Reserved]

  • Plural Terms All terms defined in this Agreement or any other Credit Document in the singular form shall have comparable meanings when used in the plural form and vice versa.

  • Definitions and Terms Section 1.1

  • Miscellaneous Terms and Conditions (a) Each party understands and agrees that Executive or it assumes all risk that the facts or law may be, or become, different than the facts or law as believed by the party at the time Executive or it executes this Agreement. Executive and the Company acknowledge that their relationship precludes any affirmative obligation of disclosure, and expressly disclaim all reliance upon information supplied or concealed by the adverse party or its counsel in connection with the negotiation and/or execution of this Agreement.

  • General Terms and Conditions of the Notes Section 201.

  • Standard Terms and Conditions Executive expressly understands and acknowledges that the Standard Terms and Conditions attached hereto are incorporated herein by reference, deemed a part of this Agreement and are binding and enforceable provisions of this Agreement. References to “this Agreement” or the use of the term “hereof” shall refer to this Agreement and the Standard Terms and Conditions attached hereto, taken as a whole.

  • Original Terms Unmodified The terms of the Mortgage Note and Mortgage have not been impaired, waived, altered or modified in any respect, from the date of origination except by a written instrument which has been recorded, if necessary to protect the interests of the Purchaser, and which has been delivered to the Custodian or to such other Person as the Purchaser shall designate in writing, and the terms of which are reflected in the related Mortgage Loan Schedule. The substance of any such waiver, alteration or modification has been approved by the issuer of any related PMI Policy and the title insurer, if any, to the extent required by the policy, and its terms are reflected on the related Mortgage Loan Schedule, if applicable. No Mortgagor has been released, in whole or in part, except in connection with an assumption agreement, approved by the issuer of any related PMI Policy and the title insurer, to the extent required by the policy, and which assumption agreement is part of the Mortgage Loan File delivered to the Custodian or to such other Person as the Purchaser shall designate in writing and the terms of which are reflected in the related Mortgage Loan Schedule;

  • Definition of Terms and Construction 2 1.1 Definitions..............................................2

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