Program Agreements. The Program Agreements duly executed and delivered by the parties thereto and being in full force and effect, free of any modification, breach or waiver.
Program Agreements. The Program Agreements (including, without limitation, the Guaranty and a Custodial Agreement in a form acceptable to Buyer) duly executed and delivered by the parties thereto and being in full force and effect, free of any modification, breach or waiver.
Program Agreements. A community college may enter into an agreement with an employer in the community college’s merged area to establish an accelerated career education program. The program shall be developed by an employer, a community college, and any employee of an employer who represents a program job. If a bargaining agreement is in place, a representative of the employee bargaining unit shall also take part in the development of the program.
Program Agreements. The Program Agreements duly executed and delivered by the parties thereto and being in full force and effect, free of any modification, breach or waiver, except with respect to the Electronic Tracking Agreement, which shall be duly executed and delivered by the parties thereto and shall be in full force and effect, free of any modification, breach or waiver within thirty (30) days of the Effective Date.
Program Agreements. All Program Agreements are hereby amended to include the above definition of "Corporate Advantage Loan Programs" and in each Program Agreement, the definitions of "Education One Program" and "Program" shall include Corporate Advantage Loan Programs, with the modifications herein that apply to such programs. Each definition of "Loans" or "Education One Loans" in the Program Agreements shall include loans made under the Corporate Advantage Loan Programs, as specified herein.
Program Agreements. Borrower has provided the Administrative Agent and Initial Class B Lender with true, correct and complete copies of each Program Agreement, together with all amendments, supplements or other modifications thereto and each such Program Agreement is in full force and effect. To the best of Xxxxxxxx’s knowledge, neither the Seller nor any Originator is in default of its respective obligations under any Program Agreement.
Program Agreements. The Program Agreements and a notice to the master servicer and trustee of the Eligible Securitization Transactions and the Servicing Contracts, as applicable, set forth on Schedule 2, in all instances duly executed and delivered by the parties thereto and being in full force and effect, free of any modification, breach or waiver.
Program Agreements. (a) Amend, modify or otherwise alter (or suffer to be amended, modified or altered), any Program Agreement or any other document or instrument relating thereto unless (i) not less than three (3) Business Days prior to the effective date of any such amendment or modification, Company has provided written notice to Agent (accompanied by a copy of any such proposed amendment or modification and reasonable supporting information) and (ii) any such amendment, modification or alteration could not reasonably be expected to have a Material Adverse Effect (as reasonably determined by the Agent) or is approved by the Majority Banks; and
(a) make an Investment or otherwise provide funds, directly or indirectly, in an aggregate amount at any time outstanding in excess of $2,000,000 to Company's Dealers in connection with the origination of Program Contracts or Program Transfers, except to the extent such funds are obtained, in cash, from the applicable Program Participant prior to any such Investment or other provision of funds, or make any commitment to a Program Participant to do so.
Program Agreements. (a) It shall not, and it shall not permit any of its Subsidiaries to, amend, modify, supplement or otherwise change any Program Agreement without the prior written consent of the Agents, which is not to be unreasonably withheld.
(b) It shall not, and it shall not permit any of its Subsidiaries to, (i) enter into any financial transactions, agreements, contracts or relationship with any Funding Partner, (ii) modify, amend, supplement or otherwise change (other than insignificant administrative changes) any existing agreement, contract or other relationship with any Funding Partner, (iii) enter into any new transaction with any Funding Partner under any existing Program Agreement or other contract or arrangement, or (iv) add any assets to a Program Agreement or sell, pledge, assign, or otherwise transfer any interest in any assets or property that would constitute program contracts, whether under a Program Agreement or otherwise, in each case, without the prior written consent of the Agents and the Required Lenders. Notwithstanding the foregoing, if a Funding Partner has both (1) entered into an intercreditor agreement with the Collateral Agent in form and substance satisfactory to the Agents, and, in addition, (2) filed amendments in form and substance satisfactory to the Collateral Agent limiting such Funding Partner’s recorded financing statements and any other liens of record, the restrictions of this Section 8.21(b) shall not apply to such Funding Partner.
Program Agreements. (a) The Administrative Agent will administer on behalf of and for the account of the Trust the activities of the Trust in connection with the direct or indirect acquisition, administration and management by the Trust of Purchased Assets, and, in this regard, it will:
(i) negotiate and settle the terms of Program Agreements and any documents related thereto;
(ii) when necessary or desirable, arrange for liquidity coverage of Program Agreements or any Securities, negotiate and settle liquidity agreements and administer on behalf of the Trust the activities of the Trust in connection with such liquidity agreements;
(iii) when necessary or desirable, arrange for Securities Credit Enhancement or for Purchased Asset Credit Enhancement of Purchased Assets to be acquired pursuant to Program Agreements, negotiate and settle Securities Credit Enhancement Agreements or Purchased Asset Credit Enhancement Agreements with Securities Credit Enhancers or Purchased Asset Credit Enhancers, as applicable, and administer on behalf of the Trust the activities of the Trust in connection with such Securities Credit Enhancement Agreements or Purchased Asset Credit Enhancement Agreements;
(iv) ensure that all registrations necessary to perfect the interest of the Trust in the Purchased Assets are effected;
(v) obtain the written approval of each Rating Agency under Program Agreements if and when required;
(vi) monitor compliance by other parties thereto with the provisions of the relevant Program Agreements;
(vii) monitor the recording, accounting for and enforcement of payment of amounts distributable or payable by or to the Trust in connection with any Program Agreement;
(viii) maintain accounts, banking records and other Records of the Trust;
(ix) notify the Trust, each Rating Agency and, if required, the relevant Creditor, of the occurrence of a Significant Event;
(x) invest money in Eligible Investments in accordance with the terms of the Program Agreements;
(xi) take all other necessary and appropriate action to enable the Trust to exercise its rights and perform its obligations in accordance with the provisions of any Program Agreement, including, without limitation, exercising rights of termination under Program Agreements and the enforcement of security granted thereunder or related thereto;
(xii) ensure that all statements made in any document used by the Trust in connection with offering Securities for sale or entering into credit agreements or loan agreements are at al...
