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 Trustee as assignee thereof. The rate of interest carried by each Eligible Loan is the 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 Higher Education Act.

Appears in 2 contracts

Samples: Loan Sale and Commitment Agreement (Union Financial Services I Inc), Loan Purchase Agreement (Nelnet Inc)

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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 Eligible Borrower against the Trustee Purchaser as assignee thereof. The rate of interest carried by each Eligible Loan is the which currently allowable and 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 Higher Education Act.

Appears in 1 contract

Samples: Warehouse Loan and Security Agreement (Nelnet Inc)

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 Trustee as assignee thereof. The rate of interest carried by each Eligible Loan is the rate 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 Higher Education Act.

Appears in 1 contract

Samples: Loan Sale and Commitment Agreement (Union Financial Services I Inc)

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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 Trustee as assignee 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 Higher Education Act.

Appears in 1 contract

Samples: Loan Sale and Commitment Agreement (Union Financial Services I Inc)

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