Common use of No Defenses Against Repayment of Loans Clause in Contracts

No Defenses Against Repayment of Loans. The amount of the unpaid principal balance of each Eligible Loan is true and owing, and no counterclaim, offset, defense or right to rescission exists with respect to any Eligible Loan which can be asserted and maintained or which, with notice, lapse of time, or the occurrence or failure to occur of any act or event, could be asserted and maintained by the borrower against the Eligible Lender Trustee as assignee thereof. Seller shall take all reasonable actions to assure that no maker of an Eligible Loan has or may acquire a defense to the payment thereof. The rate of interest carried by each Eligible Loan is the maximum which was allowable by law at the time the loan was made, and no such Eligible Loan carries a rate of interest in excess of that permitted by the provisions of the Act or such other rate as was applicable under a borrower’s benefit program.

No Defenses Against Repayment of Loans. The amount of the unpaid principal balance of each such Eligible Loan is true and owing, and no counterclaim, offset, defense or right to rescission exists with respect to any such Eligible Loan which can be asserted and maintained or which, with notice, lapse of time, or the occurrence or failure to occur of any act or event, could be asserted and maintained by the borrower against the Eligible Lender Trustee as assignee thereof. Seller shall take all reasonable actions to assure that no maker of an such Eligible Loan has or may acquire a defense to the payment thereof. The rate of interest carried by each such Eligible Loan is the maximum which was allowable by law at the time the loan was made, and no such Eligible Loan carries does not carry a rate of interest in excess of that permitted by the provisions of the Higher Education Act or such other rate as was applicable under a borrower’s benefit program.