Governmental Lender. Funding Lender and Servicer Not in Control; No Partnership 76 Section 10.13. Time of the Essence 76 Section 10.14. Release 76 Section 10.15. Term of Borrower Loan Agreement 77 Section 10.16. Reimbursement of Expenses 77 Section 10.17. Relationships with Other Customers 77 Section 10.18. Permitted Contests 77 Section 10.19. Funding Lender Approval of Instruments and Parties 78 Section 10.20. Funding Lender Determination of Facts 78 Section 10.21. Calendar Months 78 Section 10.22. Determinations by Lender 78 Section 10.23. Governing Law 78 Section 10.24. Consent to Jurisdiction and Venue 79 Section 10.25. Successors and Assigns 79 Section 10.26. Severability 79 Section 10.27. Entire Agreement; Amendment and Waiver 79 Section 10.28. Counterparts 79 Section 10.29. Captions 79 Section 10.30. Servicer 80 Section 10.31. Beneficiary Parties as Third Party Beneficiary 80 Section 10.32. Waiver of Trial by Jury 80 Section 10.33. Reserved. 80 Section 10.34. Reserved. 80 Section 10.35. Reference Date 80
Governmental Lender. Notwithstanding anything contained in Section 14 to the contrary, neither the consent of the Governmental Lender nor the delivery of items (i) through (v) of the first paragraph of Section 14 (the “Transfer Conditions”) shall be required in the case of a transfer by foreclosure or deed in lieu of foreclosure, whereby the Funding Lender becomes the owner of the Project, and nothing contained in this Section 15 shall otherwise affect the right of the Funding Lender to foreclose on the Project or accept a deed in lieu of foreclosure. The Transfer Conditions shall be applicable to any subsequent transfer by the Funding Lender.
Governmental Lender. Funding Lender and Servicer Not in Control; No Partnership 69 Section 10.13. Term of Borrower Loan Agreement 70 Section 10.14. Reimbursement of Expenses 70 Section 10.15. Permitted Contests 70 Section 10.16. Funding Lender Approval of Instruments and Parties 71 Section 10.17. Funding Lender Determination of Facts 71 Section 10.18. Calendar Months 71 Section 10.19. Determinations by Lender 71 Section 10.20. Governing Law 71 Section 10.21. Consent to Jurisdiction and Venue 71 Section 10.22. Successors and Assigns 72 Section 10.23. Severability 72 Section 10.24. Entire Agreement; Amendment and Waiver 72 Section 10.25. Counterparts 72 Section 10.26. Captions 72 Section 10.27. Servicer 72 Section 10.28. Beneficiary Parties as Third Party Beneficiary 73 Section 10.29. Waiver of Trial by Jury 73 Section 10.30. Time of the Essence 73 Section 10.31. Modifications 73 Section 10.32. Reference Date 73
Governmental Lender. Funding Lender and Servicer Not in Control; No Partnership 72 10.13 Release 72 10.14 Term of Borrower Loan Agreement 72 10.15 Reimbursement of Expenses 73 10.16 Permitted Contests 73 10.17 Funding Lender Approval of Instruments and Parties 73 10.18 Funding Lender Determination of Facts 73 10.19 Calendar Months 74 10.20 Determinations by Xxxxxx 74 10.21 Governing Law 74 10.22 Consent to Jurisdiction and Venue 74 10.23 Successors and Assigns 74 10.24 Severability 74 10.25 Entire Agreement; Amendment and Waiver 74 10.26 Counterparts 75 10.27 Captions 75 10.28 Servicer 75
Governmental Lender. Fiscal Agent and Xxxxxxxx hereby acknowledge and agree that:
(i) Funding Lender Representative has appointed Loan Servicer to service and administer the Project Loan.
(ii) The selection or removal of any Loan Servicer is in the sole and absolute discretion of Funding Lender Representative.
(iii) None of Governmental Lender, Fiscal Agent or Borrower shall terminate or attempt to terminate any Loan Servicer as Loan Servicer for the Project Loan or appoint or attempt to appoint a substitute Loan Servicer for the Project Loan.
(iv) The Guide is subject to amendment without the consent of Fiscal Agent, Governmental Lender or Borrower.
(v) None of Fiscal Agent, Governmental Lender or Borrower shall have any rights under, or be a third-party beneficiary of, the Guide.
Governmental Lender. The Governmental Lender Notes shall not be transferred through the services of the Depository Trust Company or any other third party registrar.
Governmental Lender. Funding Lender and Servicer Not in Control; No Partnership ..................................................................... 58 Section 10.13 Release ............................................................................................... 59 Section 10.14 Term of Borrower Loan Agreement .................................................. 59 Section 10.15 Reimbursement of Expenses.............................................................. 59 Section 10.16 Permitted Contests ............................................................................. 60 TABLE OF CONTENTS (Continued) Page -iv-OHS WEST:261155539.6
Governmental Lender. Fiscal Agent and Xxxxxxxx hereby acknowledge and agree that:
(i) Funding Lender Representative has appointed Loan Servicer to service and administer the Project Loan.
(ii) The selection or removal of any Loan Servicer is in the sole and absolute discretion of Funding Lender Representative.
(iii) None of Governmental Lender, Fiscal Agent or Borrower shall terminate or attempt to terminate any Loan Servicer as Loan Servicer for the Project Loan or appoint or attempt to appoint a substitute Loan Servicer for the Project Loan.
Governmental Lender. Fiscal Agent and Xxxxxxxx further hereby acknowledge and agree with respect to Loan Servicer during the Permanent Phase that:
(i) The Guide is subject to amendment without the consent of Fiscal Agent, Governmental Lender or Borrower.
(ii) None of Fiscal Agent, Governmental Lender or Borrower shall have any rights under, or be a third-party beneficiary of, the Guide.
