Common use of INTEREST RATES ON MORTGAGE LOANS Clause in Contracts

INTEREST RATES ON MORTGAGE LOANS. 4.1 Pursuant to Clause 6.6 of the Guarantee Support Agreement, the CBC has agreed with the Transferor that the Transferor, whether for itself or on behalf of the CBC, shall determine and set the interest rates on the Mortgage Loans in accordance with the Mortgage Conditions and Dutch law. 4.2 Subject to Clauses 4.3, 4.4 and 4.4 below, if at any time the Transferor no longer sets the interest rates on the Mortgage Loans for any reason, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer on behalf of the CBC or, as the case may be, the Security Trustee, to determine and set the interest rates on the Mortgage Loans in accordance with the Mortgage Conditions and Dutch law following notification to the Borrowers of the assignment and/or pledge of the Mortgage Receivables. 4.3 Subject to Clause 4.4 below, the Servicer covenants with the CBC and the Security Trustee that until the CBC and the Security Trustee have no further interests in the Mortgage Receivables, it will not at any time set the interest rates on the Mortgage Loans at a level which is materially below or above the current market rates at such time as offered by the Reference Mortgage Lenders for loans which are comparable in all material respects to such Mortgage Loans. 4.4 The Servicer, acting on behalf of the Issuer, will, following notification to the relevant Borrowers of the assignment of the Mortgage Receivables, only offer the relevant Borrowers in respect of Mortgage Loans (or the relevant loan part thereof) an interest rate for the next succeeding interest rate period (rentevastperiode) which is at least equal to the Minimum Mortgage Interest Rate, subject to the Mortgage Conditions and subject to applicable law (including, without limitation, principles of reasonableness and fairness). 4.5 Each of the Security Trustee and the CBC may at any time terminate the authority of the Servicer to determine and set the interest granted under Clause 4.2.

Appears in 2 contracts

Samples: Servicing Agreement, Servicing Agreement

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INTEREST RATES ON MORTGAGE LOANS. 4.1 Pursuant to Clause 6.6 clause 7.6 of the Guarantee Support Agreement, the CBC has agreed with the Transferor that it or the Transferorrelevant Originator, as the case may be, whether for itself or on behalf of the CBC, shall determine and set the interest rates on the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law. 4.2 In addition, the CBC has agreed with Achmea Hypotheken that Achmea Hypotheken shall determine and set the interest rates as set forth in clause 6 of the CBC Master Purchase Agreement. 4.3 Subject to Clauses 4.34.4, 4.4 4.5 and 4.4 4.6 below, if at any time the Transferor or the relevant Originator no longer sets the interest rates on the relevant Mortgage Loans for any reason, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer for such relevant Mortgage Loans on behalf of the CBC or, as the case may be, the Security Trustee, to determine and set the interest rates on of the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law law, and, following notification to the Borrowers of the assignment and/or pledge of the relevant Mortgage ReceivablesReceivables to the CBC and/or the Security Trustee, respectively, to set the interest rates of the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law and, in respect of the Achmea Hypotheken Mortgage Loans, in accordance with the CBC Master Purchase Agreement. 4.3 4.4 Subject to Clause 4.4 below4.5 below and, in respect of the Achmea Hypotheken Mortgage Loans, subject to the CBC Master Purchase Agreement, the Servicer covenants with the CBC and the Security Trustee that until the CBC and the Security Trustee have no further interests in the relevant Mortgage Receivables, it will not at any time set the interest rates on the relevant Mortgage Loans at a level which is materially below or above the current market rates at such time as offered by the Reference Mortgage Lenders for loans which are comparable in all material respects to such relevant Mortgage Loans. 4.4 4.5 The Servicer, acting on behalf of the IssuerCBC, will, following notification to the relevant Borrowers of the assignment of the relevant Mortgage Receivables, only offer the relevant Borrowers in respect of relevant Mortgage Loans (or the relevant loan part thereof) an interest rate for the next succeeding interest rate period (rentevastperiode) and, other than in respect of Achmea Hypotheken Mortgage Loans, use its reasonable efforts to offer an interest rate which is at least equal to the Minimum Mortgage Interest Rate, provided that when offering such interest rate, such interest rate will always be offered in accordance with and subject to the Mortgage Conditions and in accordance with and subject to applicable law (including, without limitation, principles of reasonableness and fairness)) and in respect of Achmea Hypotheken Mortgage Loans in accordance with and subject to Clause 6 of the CBC Master Purchase Agreement. 4.5 4.6 Each of the Security Trustee and the CBC may at any time terminate the authority of the Servicer to determine and set the interest granted under rates of interest referred to above in Clause 4.24.2 at any time.

Appears in 2 contracts

Samples: Servicing Agreement, Servicing Agreement

INTEREST RATES ON MORTGAGE LOANS. 4.1 Pursuant to Clause 6.6 7.6 of the Guarantee Support Agreement, the CBC has agreed with the Transferor relevant Originator that the Transferorrelevant Originator, whether for itself or on behalf of the CBC, shall determine and set the interest rates on the Mortgage Loans in accordance with the Mortgage Conditions and Dutch law. 4.2 Subject to Clauses 4.3, 4.4 4.3 and 4.4 below, if at any time the Transferor relevant Originator no longer sets the interest rates on the relevant Mortgage Loans for any reason, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer for such relevant Mortgage Loans on behalf of the CBC or, as the case may be, the Security Trustee, to determine and set the interest rates on of the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law following notification to the Borrowers of the assignment and/or pledge of the Mortgage Receivables. 4.3 Subject to Clause 4.4 below, the The Servicer covenants with the CBC and the Security Trustee that until the CBC and the Security Trustee have no further interests in the relevant Mortgage Receivables, it will not at any time set the interest rates on the relevant Mortgage Loans at a level which is materially below or above the current market rates at such time as offered by the Reference Mortgage Lenders for loans which are comparable in all material respects to such relevant Mortgage Loans. 4.4 The Servicer, acting on behalf of the Issuer, will, following notification to the relevant Borrowers of the assignment of the Mortgage Receivables, only offer the relevant Borrowers in respect of Mortgage Loans (or the relevant loan part thereof) an interest rate for the next succeeding interest rate period (rentevastperiode) which is at least equal to the Minimum Mortgage Interest Rate, subject to the Mortgage Conditions and subject to applicable law (including, without limitation, principles of reasonableness and fairness). 4.5 Each of the Security Trustee and the CBC may at any time terminate the authority of the Servicer to determine and set the interest granted under rates of interest referred to above in Clause 4.24.2 at any time.

Appears in 1 contract

Samples: Servicing Agreement

INTEREST RATES ON MORTGAGE LOANS. 4.1 Pursuant to Clause 6.6 of the Guarantee Support Agreement, the CBC has agreed with the Transferor that the Transferor, whether for itself or on behalf of the CBC, shall determine and set the interest rates on the Mortgage Loans in accordance with the Mortgage Conditions and Dutch law. 4.2 Subject to Clauses 4.3, 4.4 4.3 and 4.4 below, if at any time the Transferor no longer sets the interest rates on the Mortgage Loans for any reason, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer on behalf of the CBC or, as the case may be, the Security Trustee, to determine and set the interest rates on the Mortgage Loans in accordance with the Mortgage Conditions and Dutch law following notification to the Borrowers of the assignment and/or pledge of the Mortgage Receivables. 4.3 Subject to Clause 4.4 below, the The Servicer covenants with the CBC and the Security Trustee that until the CBC and the Security Trustee have no further interests in the Mortgage Receivables, it will not at any time set the interest rates on the Mortgage Loans at a level which is materially below or above the current market rates at such time as offered by the Reference Mortgage Lenders for loans which are comparable in all material respects to such Mortgage Loans. 4.4 The Servicer, acting on behalf of the Issuer, will, following notification to the relevant Borrowers of the assignment of the Mortgage Receivables, only offer the relevant Borrowers in respect of Mortgage Loans (or the relevant loan part thereof) an interest rate for the next succeeding interest rate period (rentevastperiode) which is at least equal to the Minimum Mortgage Interest Rate, subject to the Mortgage Conditions and subject to applicable law (including, without limitation, principles of reasonableness and fairness). 4.5 Each of the Security Trustee and the CBC may at any time terminate the authority of the Servicer to determine and set the interest granted under Clause 4.2.

Appears in 1 contract

Samples: Servicing Agreement

INTEREST RATES ON MORTGAGE LOANS. 4.1 Pursuant to Clause 6.6 clause 7.6 of the Guarantee Support Agreement, the CBC has agreed with the Transferor that the TransferorTransferor or the relevant Originator, as the case may be, whether for itself or on behalf of the CBC, shall determine and set the interest rates on the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law. 4.2 The CBC has agreed with Achmea Hypotheken that Achmea Hypotheken shall determine and set the interest rates as set forth in clause 6 of the Achmea Hypotheken Master Purchase Agreement. In addition, the CBC has agreed with ASR Leven that ASR Leven shall determine and set the interest rates as set forth in clause 6 of the ASR CBC Master Agreement. 4.3 Subject to Clauses 4.3, 4.4 4.5 and 4.4 4.6 below, if at any time the Transferor or the relevant Originator no longer sets the interest rates on the relevant Mortgage Loans for any reason, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer for such relevant Mortgage Loans on behalf of the CBC or, as the case may be, the Security Trustee, to determine and set the interest rates on of the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law law, and, following notification to the Borrowers of the assignment and/or pledge of the relevant Mortgage ReceivablesReceivables to the CBC and/or the Security Trustee, respectively, to set the interest rates of the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law and, in respect of the Achmea Hypotheken Mortgage Loans, in accordance with the Achmea Hypotheken Master Purchase Agreement. 4.3 4.4 Subject to Clauses 4.5 and 4.6 below, if at any time the Transferor or the relevant Originator no longer sets the interest rates on the relevant Mortgage Loans for any reason, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer for such relevant Mortgage Loans on behalf of the CBC or, as the case may be, the Security Trustee, to determine the interest rates of the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law, and, following notification to the Borrowers of the assignment and/or pledge of the relevant Mortgage Receivables to the CBC and/or the Security Trustee, respectively, to set the interest rates of the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law and, in respect of the ASR Mortgage Loans, in accordance with the ASR CBC Master Agreement. 4.5 Subject to Clause 4.4 below4.6 below and, in respect of the Achmea Hypotheken Mortgage Loans, subject to the Achmea Hypotheken Master Purchase Agreement, or in respect of the ASR Mortgage Loans, subject to the ASR CBC Master Agreement, the Servicer covenants with the CBC and the Security Trustee that until the CBC and the Security Trustee have no further interests in the relevant Mortgage Receivables, it will not at any time set the interest rates on the relevant Mortgage Loans at a level which is materially below or above the current market rates at such time as offered by the Reference Mortgage Lenders for loans which are comparable in all material respects to such relevant Mortgage Loans. 4.4 The Servicer, acting on behalf of the Issuer, will, following notification to the relevant Borrowers of the assignment of the Mortgage Receivables, only offer the relevant Borrowers in respect of Mortgage Loans (or the relevant loan part thereof) an interest rate for the next succeeding interest rate period (rentevastperiode) which is at least equal to the Minimum Mortgage Interest Rate, subject to the Mortgage Conditions and subject to applicable law (including, without limitation, principles of reasonableness and fairness). 4.5 4.6 Each of the Security Trustee and the CBC may at any time terminate the authority of the Servicer to determine and set the interest granted under rates of interest referred to above in Clause 4.24.2 at any time.

Appears in 1 contract

Samples: Servicing Agreement

INTEREST RATES ON MORTGAGE LOANS. 4.1 Pursuant to Clause 6.6 of the Guarantee Support Agreement, the CBC has agreed with the Transferor that the Transferor, whether for itself or on behalf of the CBC, shall determine and set the interest rates on the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law. 4.2 Subject to Clauses 4.3, 4.4 and 4.4 4.5 below, if at any time the Transferor no longer sets the interest rates on the relevant Mortgage Loans for any reason, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer for such relevant Mortgage Loans on behalf of the CBC or, as the case may be, the Security Trustee, to determine and set the interest rates on of the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law following notification to the Borrowers of the assignment and/or pledge of the Mortgage Receivables. 4.3 Subject to Clause 4.4 below, the Servicer covenants with the CBC and the Security Trustee that until the CBC and the Security Trustee have no further interests in the Mortgage Receivables, it will not at any time set the interest rates on the Mortgage Loans at a level which is materially below or above the current market rates at such time as offered by the Reference Mortgage Lenders for loans which are comparable in all material respects to such Mortgage Loans. 4.4 The Servicer, acting on behalf of the IssuerCBC, will, following notification to the relevant Borrowers of the assignment of the Mortgage Receivables, only offer the relevant Borrowers in respect of Mortgage Loans (or the relevant loan part thereof) an interest rate for the next succeeding interest rate period (rentevastperiode) which is at least equal to the Minimum Mortgage Interest Rate, subject to the Mortgage Conditions and subject to applicable law (including, without limitation, principles of reasonableness and fairness). 4.5 Each of the Security Trustee and the CBC may at any time terminate the authority of the Servicer to determine and set the interest rates granted under Clause 4.2.

Appears in 1 contract

Samples: Servicing Agreement

INTEREST RATES ON MORTGAGE LOANS. 4.1 Pursuant to Clause 6.6 7.6 of the Guarantee Support Agreement, the CBC has agreed with the Transferor relevant Originator that the Transferorrelevant Originator, whether for itself or on behalf of the CBC, shall determine and set the interest rates 53106437 M 55004904 / 3 on the Mortgage Loans in accordance with the Mortgage Conditions and Dutch law. 4.2 Subject to Clauses 4.3, 4.4 4.3 and 4.4 below, if at any time the Transferor relevant Originator no longer sets the interest rates on the relevant Mortgage Loans for any reason, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer for such relevant Mortgage Loans on behalf of the CBC or, as the case may be, the Security Trustee, to determine and set the interest rates on of the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law following notification to the Borrowers of the assignment and/or pledge of the Mortgage Receivables. 4.3 Subject to Clause 4.4 below, the The Servicer covenants with the CBC and the Security Trustee that until the CBC and the Security Trustee have no further interests in the relevant Mortgage Receivables, it will not at any time set the interest rates on the relevant Mortgage Loans at a level which is materially below or above the current market rates at such time as offered by the Reference Mortgage Lenders for loans which are comparable in all material respects to such relevant Mortgage Loans. 4.4 The Servicer, acting on behalf of the Issuer, will, following notification to the relevant Borrowers of the assignment of the Mortgage Receivables, only offer the relevant Borrowers in respect of Mortgage Loans (or the relevant loan part thereof) an interest rate for the next succeeding interest rate period (rentevastperiode) which is at least equal to the Minimum Mortgage Interest Rate, subject to the Mortgage Conditions and subject to applicable law (including, without limitation, principles of reasonableness and fairness). 4.5 Each of the Security Trustee and the CBC may at any time terminate the authority of the Servicer to determine and set the interest granted under rates of interest referred to above in Clause 4.24.2 at any time.

Appears in 1 contract

Samples: Servicing Agreement

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INTEREST RATES ON MORTGAGE LOANS. 4.1 Pursuant to Clause 6.6 of the Guarantee Support Agreement, the CBC has agreed with the Transferor that the Transferor, whether for itself or on behalf of the CBC, shall determine and set the interest rates on the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law. 4.2 Subject to Clauses 4.3, 4.4 4.3 and 4.4 below, if at any time the Transferor no longer sets the interest rates on the relevant Mortgage Loans for any reason, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer for such relevant Mortgage Loans on behalf of the CBC or, as the case may be, the Security Trustee, to determine and set the interest rates on of the relevant Mortgage Loans in accordance with the Mortgage Conditions and Dutch law following notification to the Borrowers of the assignment and/or pledge of the Mortgage Receivables. 4.3 Subject to Clause 4.4 below, the The Servicer covenants with the CBC and the Security Trustee that until the CBC and the Security Trustee have no further interests in the Mortgage Receivables, it will not at any time set the interest rates on the Mortgage Loans at a level which is materially below or above the current market rates at such time as offered by the Reference Mortgage Lenders for loans which are comparable in all material respects to such Mortgage Loans. 4.4 The Servicer, acting on behalf of the Issuer, will, following notification to the relevant Borrowers of the assignment of the Mortgage Receivables, only offer the relevant Borrowers in respect of Mortgage Loans (or the relevant loan part thereof) an interest rate for the next succeeding interest rate period (rentevastperiode) which is at least equal to the Minimum Mortgage Interest Rate, subject to the Mortgage Conditions and subject to applicable law (including, without limitation, principles of reasonableness and fairness). 4.5 Each of the Security Trustee and the CBC may at any time terminate the authority of the Servicer to determine and set the interest rates granted under Clause 4.2.

Appears in 1 contract

Samples: Servicing Agreement

INTEREST RATES ON MORTGAGE LOANS. 4.1 Pursuant to Clause 6.6 of the Guarantee Support Agreement, the CBC has agreed with the Transferor that the Transferor, whether for itself or on behalf of the CBC, shall determine and set the interest rates on the Mortgage Loans in accordance with the Mortgage Conditions and Dutch law. 4.2 Subject to Clauses 4.3, 4.4 4.3 and 4.4 below, if at any time the Issuer or the Transferor no longer sets the interest rates on the Mortgage Loans for any reason, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer on behalf of the CBC or, as the case may be, the Security Trustee, to determine and set the interest rates on the Mortgage Loans in accordance with the Mortgage Conditions and Dutch law following notification to the Borrowers of the assignment and/or pledge of the Mortgage Receivables. 4.3 Subject to Clause 4.4 below, the The Servicer covenants with the CBC and the Security Trustee that until the CBC and the Security Trustee have no further interests in the Mortgage Receivables, it will not at any time set the interest rates on the Mortgage Loans at a level which is materially below or above the current market rates at such time as offered by the Reference Mortgage Lenders for loans which are comparable in all material respects to such Mortgage Loans. 4.4 The Servicer, acting on behalf of the Issuer, will, following notification to the relevant Borrowers of the assignment of the Mortgage Receivables, only offer the relevant Borrowers in respect of Mortgage Loans (or the relevant loan part thereof) an interest rate for the next succeeding interest rate period (rentevastperiode) which is at least equal to the Minimum Mortgage Interest Rate, subject to the Mortgage Conditions and subject to applicable law (including, without limitation, principles of reasonableness and fairness). 4.5 Each of the Security Trustee and the CBC may at any time terminate the authority of the Servicer to determine and set the interest granted under Clause 4.2.

Appears in 1 contract

Samples: Servicing Agreement

INTEREST RATES ON MORTGAGE LOANS. 4.1 Pursuant to Clause 6.6 of the Guarantee Support Agreement, the CBC has agreed with the Transferor Transferors that the TransferorTransferors, whether for itself themselves or on behalf of the CBC, shall determine and set the interest rates on the Mortgage Loans in accordance with the Mortgage Conditions and Dutch lawConditions. 4.2 Subject to Clauses 4.3, 4.4 4.3 and 4.4 below, if at any time the Transferor no longer sets the interest rates on the Mortgage Loans for any reason4.5, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer on behalf of the CBC or, as the case may be, the Security Trustee, to determine and set the interest rates on the Mortgage Loans in accordance with the Mortgage Conditions and Dutch law following notification to the Borrowers of the assignment and/or pledge of the Mortgage Receivables. 4.3 Subject to Clause 4.4 below4.4, the Servicer covenants with the CBC and the Security Trustee that until the CBC and the Security Trustee have no further interests in the Mortgage Receivables, it will not at any time set the interest rates on the Mortgage Loans at a level which is materially below or above the then current market rates at such time as offered by the Reference Mortgage Lenders for loans which are comparable in all material respects to such the Mortgage LoansLoan. 4.4 The Servicer, acting on behalf of the Issuer, will, following notification to the relevant Borrowers of the assignment of the Mortgage Receivables, only offer the relevant Borrowers in respect of Mortgage Loans (or the relevant loan part thereof) an interest rate for the next succeeding interest rate period (rentevastperiode) which is at least equal to the Minimum Mortgage Interest Rate, subject to the Mortgage Conditions and subject to applicable law (including, without limitation, principles of reasonableness and fairness). 4.5 Each of the Security Trustee and the CBC may at any time terminate the authority of the Servicer to determine and set the rates of interest granted under referred to above in Clause 4.24.2 at any time.

Appears in 1 contract

Samples: Servicing Agreement

INTEREST RATES ON MORTGAGE LOANS. 4.1 Pursuant to Clause 6.6 7.6 of the Guarantee Support Agreement, the CBC has agreed with the Transferor relevant Originator that the Transferorrelevant Originator, whether for itself or on behalf of the CBC, shall determine and set the interest rates on the Mortgage Loans in accordance with the Mortgage Conditions and Dutch law. 4.2 Subject to Clauses 4.3, 4.4 and 4.4 4.5 below, if at any time the Transferor relevant Originator no longer sets the interest rates on the Mortgage Loans for any reason, the CBC and the Security Trustee grant full right, liberty and authority to the Servicer for such Mortgage Loans on behalf of the CBC or, as the case may be, the Security Trustee, to determine and set the interest rates on of the Mortgage Loans in accordance with the Mortgage Conditions and Dutch law following notification to the Borrowers of the assignment and/or pledge of the Mortgage Receivables. 4.3 Subject to Clause 4.4 below, the Servicer covenants with the CBC and the Security Trustee that until the CBC and the Security Trustee have no further interests in the Mortgage Receivables, it will not at any time set the interest rates on the Mortgage Loans at a level which is materially below or above the current market rates at such time as offered by the Reference Mortgage Lenders for loans which are comparable in all material respects to such Mortgage Loans. 4.4 The Servicer, acting on behalf of the IssuerCBC, will, following notification to the relevant Borrowers of the assignment of the Mortgage Receivables, only offer the relevant Borrowers in respect of Mortgage Loans (or the relevant loan part thereof) an interest rate for the next succeeding interest rate period (rentevastperiode) which is at least equal to the Minimum Mortgage Interest Rate, subject to the Mortgage Conditions and subject to applicable law (including, without limitation, principles of reasonableness and fairness). 4.5 Each of the Security Trustee and the CBC may at any time terminate the authority of the Servicer to determine and set the interest granted under rates of interest referred to above in Clause 4.24.2 at any time.

Appears in 1 contract

Samples: Servicing Agreement

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