LIMITATIONS ON USE OF TRUST ASSETS. When any Default described in ----------------------------------- subsections (a) to (c), of Section 9.1 has occurred and is continuing, the Lender or the holder of the Note shall have no rights to assets of the Trust other than (i) contributions (other than contributions of employer securities) that are made by the Lender to enable the Borrower to meet its obligations pursuant to the Loan, cash dividends received by the Borrower on the Pledged Shares and earnings attributable to the investment of such contributions and dividends and (ii) the Pledged Shares; provided further, however, that the value of Trust assets transferred to the Lender as a result of a Default shall not exceed the amount of the repayment then in default, and, provided further, that so long as the Lender is a "party in interest" within the meaning of ERISA Section 3(14) or a "disqualified person" within the meaning of Section 4975(e)(2) of the Code, a transfer of Trust assets upon Default shall be made only if, and to the extent of, the Borrower's failure to meet the loan's payment schedule.
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Samples: Commitment Letter (PFSB Bancorp Inc), Loan and Security Agreement (Massachusetts Fincorp Inc), Loan and Security Agreement (West Essex Bancorp Inc)
LIMITATIONS ON USE OF TRUST ASSETS. When any Default described in ----------------------------------- subsections (a) to (c), of Section 9.1 has occurred and is continuing, the Lender or the holder of the Note shall have no rights to assets of the Trust other than (i) contributions (other than contributions of employer securities) that are made by the Lender to enable the Borrower to meet its obligations pursuant to the Loan, cash dividends received by the Borrower on the Pledged Shares and earnings attributable to the investment of such contributions and dividends and (ii) the Pledged SharesStock; provided further, however, that the value of Trust assets transferred to the Lender as a result of a an Event of Default shall not exceed the amount of the repayment then in default, and, provided further, that so long as the Lender is a "party in interest" within the meaning of ERISA Section 3(14) or a "disqualified person" within the meaning of Section 4975(e)(2) of the Code, a transfer of Trust assets upon Default default shall be made only if, and to the extent of, the Borrower's failure to meet the loan's payment schedule.
Appears in 2 contracts
Samples: Esop Funding Commitment (Woronoco Bancorp Inc), Esop Funding Commitment (Berkshire Hills Bancorp Inc)
LIMITATIONS ON USE OF TRUST ASSETS. When any Default described in ----------------------------------- subsections (a) to (c), of Section 9.1 has occurred and is continuing, the Lender or the holder of the Note shall have no rights to assets of the Trust other than (i) contributions (other than contributions of employer securities) that are made by the Lender to enable the Borrower to meet its obligations pursuant to the Loan, cash dividends received by the Borrower on the Pledged Shares and earnings attributable to the investment of such contributions and dividends and (ii) the Pledged SharesStock; provided further, however, that the value of Trust assets transferred to the Lender as a result of a Default shall not exceed the amount of the repayment then in default, and, provided further, that so long as the Lender is a "party in interest" within the meaning of ERISA Section 3(14) or a "disqualified person" within the meaning of Section 4975(e)(2) of the Code, a transfer of Trust assets upon Default default shall be made only if, and to the extent of, the Borrower's failure to meet the loan's payment schedule.
Appears in 2 contracts
Samples: Commitment Letter (Virginia Capital Bancshares Inc), Commitment Letter (Virginia Capital Bancshares Inc)
LIMITATIONS ON USE OF TRUST ASSETS. When any Default described in ----------------------------------- ---------------------------------- subsections (a) to (c), of Section 9.1 has occurred and is continuing, the Lender or the holder of the Note shall have no rights to assets of the Trust other than (i) contributions (other than contributions of employer securities) that are made by the Lender to enable the Borrower to meet its obligations pursuant to the Loan, cash dividends received by the Borrower on the Pledged Shares and earnings attributable to the investment of such contributions and dividends and (ii) the Pledged Shares; provided further, however, that the value of Trust assets transferred to the Lender as a result of a Default shall not exceed the amount of the repayment then in default, and, provided further, that so long as the Lender is a "party in interest" within the meaning of ERISA Section 3(14) or a "disqualified person" within the meaning of Section 4975(e)(2) of the Code, a transfer of Trust assets upon Default shall be made only if, and to the extent of, the Borrower's failure to meet the loan's payment schedule.
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LIMITATIONS ON USE OF TRUST ASSETS. When any Event of Default described in ----------------------------------- subsections (a) to (c), of Section 9.1 has occurred and is continuing, the Lender or the holder of the Note shall have no rights to assets of the Trust other than (i) contributions (other than contributions of employer securities) that are made by the Lender to enable the Borrower to meet its obligations pursuant to the Loan, cash dividends received by the Borrower on the Pledged Shares and earnings attributable to the investment of such contributions and dividends and (ii) the Pledged SharesStock; provided further, however, that the value of Trust assets transferred to the Lender as a result of a an Event of Default shall not exceed the amount of the repayment then in default, and, provided further, that so long as the Lender is a "party in interest" within the meaning of ERISA Section 3(14) or a "disqualified person" within the meaning of Section 4975(e)(2) of the Code, a transfer of Trust assets upon Default default shall be made only if, and to the extent of, the Borrower's failure to meet the loan's payment schedule.
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LIMITATIONS ON USE OF TRUST ASSETS. When any Event of Default described in ----------------------------------- subsections (a) to (c), ) of Section 9.1 has occurred and is continuing, the Lender or the holder of the Note shall have no rights to assets of the Trust other than (i) contributions (other than contributions of employer securities) that are made by the Lender Employer to enable the the. Borrower to meet its obligations pursuant to the Loan, cash dividends received by the Borrower on the Pledged Shares and earnings attributable to the investment of such contributions and dividends and (ii) the Pledged SharesStock; provided furtherprovided, however, that the value of Trust assets transferred to the Lender as a result of a an Event of Default shall not exceed the amount of the repayment then in default, and, provided further, that so long as the Lender is a "party in interest" within the meaning of ERISA Section 3(14) or a "disqualified person" within the meaning of Section 4975(e)(2) of the Code, a transfer of Trust assets upon Default default shall be made only if, and to the extent of, the Borrower's failure to meet the loan's payment schedule.
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