SETTLEMENT TERMS AND CONDITIONS Sample Clauses

SETTLEMENT TERMS AND CONDITIONS. Without admitting or denying the Department’s findings, Associated is willing to resolve the violations cited herein and in the visitation report by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein: 1. Associated agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business, including, but not limited to: a. complying with the requirements of Article 12-D and Article 12-E of the Banking Law, Section 420 of the Superintendent’s Regulations, and Part 38 of the General Regulations; and b. ensuring that its MLOs who conduct mortgage origination activities are licensed pursuant to Article 12-E of the Banking Law and Section 420 of the Superintendent’s Regulations; c. ensuring that its MLOs do not mislead consumers as to their license status; and d. ensuring that its MLOs do not share their unique identifier with any other individual or entity; and e. ensuring that its non-MLO staff does not engage in mortgage activities that require a license; and f. ensuring that its non-MLO staff does not have access to any mortgage loan origination system, software, and documents, and they do not utilize a MLOs unique identifier; and g. ensuring that its books and records, specifically the application logs, are in compliance with Section 410.7 of the Superintendent’s Regulation. 2. Associated agrees to continue to further develop appropriate written compliance policies and procedures designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters. The policies and procedures shall, at a minimum: (i) designate an individual responsible for monitoring compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters; and (ii) establish a training program to ensure that Associated and its MLO and non-MLO employees understand all applicable federal and state laws, regulations, supervisory requirements and guidance letters. 3. Within ninety (90) days from the effective date of this Agreement, Associated agrees to submit a draft of its compliance policies and procedures to the Department. 4. Within one hundred twenty (120) days from the effective date of this Agreement, Associated ag...

SETTLEMENT TERMS AND CONDITIONS. IT IS XXXXXX UNDERSTOOD AND AGREED by Xxxxxxxxxx and all subsidiaries, affiliates, successors, assigns, agents, representatives and employees, that: 1. A & F is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Section 44 of the Banking Law and appeal on such violations. 2. A & F agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations and supervisory requirements relating to its mortgage business, including, but not limited to: a. complying with the requirements of Article 12-D of the Banking Law and Part 410 of the Superintendent’s Regulations; and b. ensuring that A & F obtains the prior approval of the Superintendent for any action that will result in the use a different name or website. 3. A & F agrees to develop appropriate written compliance policies and procedures (“Compliance Policies and Procedures”) designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters. The Compliance Policies and Procedures shall, at a minimum: (i) designate an individual responsible for monitoring compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters; and (ii) establish a training program to ensure that A & F and its employees involved in loan origination understand all applicable federal and state laws, regulations, supervisory requirements and guidance letters. 4. No later than ten (10) days after the effective date of this Agreement, A & F shall pay a penalty of $3,000 payable in ten (10) equal monthly installments as follows. The payments shall be made by wire transfer in accordance with the Department’s payment instructions.  $300 no later than ten (10) days after the effective date of this Agreement;  $300 each on or before the 15th day of immediately following nine (9) months. 5. Neither A & F, nor any of its parents, subsidiaries, or affiliates shall, collectively or individually, seek or accept, directly or indirectly, reimbursement or indemnification including but not limited to payment made pursuant to any insurance policy, or from any of its parents, subsidiaries, or affiliates, with regard to any or all of the amount payable pursuant to this Settlement Agreement. 6. A & F agrees that it will not claim, assert, or apply for a tax deduction or tax credit with regard to any U.S. f...

SETTLEMENT TERMS AND CONDITIONS. IT IS XXXXXX UNDERSTOOD AND AGREED by Xx. Xxxxx that: 1. Xx. Xxxxx is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives his right to a hearing under Section 44 of the Banking law and 3 NYCRR 420.21 and any appeal on such violations. In consideration of the promises and covenants set forth herein, the Parties agrees as follows: 2. Xx. Xxxxx agrees to take all necessary steps to ensure his compliance with all applicable federal and state laws, regulations and supervisory requirements relating to his mortgage business, including, but not limited to: a. complying with the requirements of Articles 12-D and 12-E of the Banking Law and 3 NYCRR 420; and b. ensuring that he will not copy, download or delete loan files or other information from the premises or automated system of any originating entity without prior authorization of such originating entity; 3. Xx. Xxxxx agrees to pay a fine of $10,000 as a penalty, payable in 12 installments as follows: (1) $2,004 upon execution of this Agreement (2) Six payments of $556 on or before the 15th of each of the immediately following six (6) months (3) $932 on or before the 15th day of the remaining five (5) months 4. Xx. Xxxxx further agrees that such payment will be made in immediately available funds in accordance with the Department’s payment instructions. 5. Xx. Xxxxx shall not accept, directly or indirectly, reimbursement or indemnification including but not limited to payment made pursuant to any insurance policy, or from any of his affiliates, with regard to any or all of the amount payable pursuant to this Agreement. 6. Xx. Xxxxx agrees that he will not claim, assert, or apply for a tax deduction or tax credit with regard to any United States federal, state or local tax, directly or indirectly, for any portion of the penalty paid pursuant to this Agreement.

SETTLEMENT TERMS AND CONDITIONS. The Registrant is willing to resolve the violation cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein, the Settling Parties agree, as follows: 1. Registrant agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business. 2. Registrant agrees to the payment of a fine in the amount of $5,000 in twelve equal installments, with the exception of the first installment payment which shall be in the amount of $435 upon the execution of this Agreement. The remaining installment payments of $415 are to be received by the 15th of each month until the fine is fully paid. The installments shall be made in electronic transfers, in immediately available funds, pursuant to transfer instructions received from the Department. Failure to make timely payment on any of the installments shall result in immediate revocation of Registrant’s registration. 3. Registrant further agrees that such payments will be made in immediately available funds in accordance with Department payment instructions.

SETTLEMENT TERMS AND CONDITIONS. Xxxxxxxxxx Xxxxxx is willing to resolve the violation by entering into this Agreement and freely and voluntarily waives her right to a hearing under Banking Law Sections 44 and the Superintendent’s Regulation Part 420.21 on such violations. In consideration of the promises and covenants set forth herein, the Settling Parties agree as follows:

SETTLEMENT TERMS AND CONDITIONS. FFC Mortgage is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein: 1. FFC Mortgage agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business, including, but not limited to: a. complying with the requirements of Article 12-D of the Banking Law, and Part 38 of the General Regulations; b. ensuring that it will provide appropriate training for its employees regarding the utilization of any location to conduct regulated mortgage business, assumed name or any website, domain, or other name; and c. not conducting or transacting New York regulated mortgage business using any website, domain, or other name that has not been approved by the Superintendent. 2. FFC Mortgage agrees to develop, written advertisement and compliance policies and procedures (“Compliance P&P”), designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters. If it already has developed Compliance P&P, it is required to review and update them so that they address the aforementioned concerns. The Compliance P&P shall, at a minimum: (i) designate an individual responsible for monitoring compliance with all applicable federal and state laws, regulations, supervisory requirements and guidance letters; and (ii) establish a training program to ensure that FFC Mortgage and its MLO and non-MLO employees understand all applicable federal and state laws, regulations, supervisory requirements and guidance letters. 3. Within ninety (90) days from the effective date of this Agreement, FFC Mortgage agrees to submit a draft of its Compliance P&P to the Department. 4. Within thirty (30) days from receipt of non-objection or any comments from the Department, and after incorporation and adoption of all comments, FFC Mortgage agrees to submit a copy of its final Compliance P&P to the Department together with a letter from an authorized officer of FFC Mortgage indicating his/her approval of such policies and procedures. 5. FFC Mortgage agrees to pay a fine of $5,000. 6. FFC Mortgage further agrees that such payment will be made in immediately available funds in accordance with the Department’s payment instruc...

SETTLEMENT TERMS AND CONDITIONS. The Registrant is willing to resolve the violations cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein, the Settling Parties agree, as follows: 1. The Registrant agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business. 2. The Registrant agrees to pay a fine of $5,000 in ten monthly installments, with the first installment of $500 due upon execution of this Agreement. The remaining nine payments of $500 are due by the 15th of each successive month until the fine is fully paid. 3. The Registrant further agrees that such payment will be made in immediately available funds in accordance with Department payment instructions. Failure to make timely payments on any of the installments shall result in immediate revocation of Payless Mortgage’s registration.

SETTLEMENT TERMS AND CONDITIONS. The Parties agree to address SSJID’s concerns regarding the Regionalization Proposal and Updated Regionalization Proposal (referred to as the Updated Regionalization Proposal below) as follows: 1. In response to SSJID’s concerns regarding a lack of specificity summarized above, PG&E clarifies and confirms that its implementation of regionalization, as managed by the Regionalization Program Management Office (“PMO”) and its successor(s), will not include any work to oppose municipalization efforts by SSJID. For purposes of this Settlement Agreement between PG&E and SSJID, PMO is defined as the director of the PMO and that person’s direct reports. 2. PG&E shall ensure that PG&E and the PMO shall separate by work category and functionally any work or activity related to any PG&E efforts to oppose SSJID’s municipalization efforts from PG&E’s implementation of regionalization. The PMO shall document in writing the steps taken to implement and maintain this separation, and shall make such documentation available to the Commission or SSJID upon request. 3. SSJID acknowledges that PG&E (including Regional Vice Presidents, Regional Safety Directors, and/or their staff) may continue to respond to SSJID’s municipalization efforts in other appropriate forums and proceedings, separate and apart from the regionalization proceeding (A.20-06-011) and/or implementation of the Updated Regionalization Proposal (including any revisions or updates thereto) as managed by the PMO. 4. SSJID acknowledges that the Updated Regionalization Proposal does not include an explicit reference to municipalization efforts. 5. To the extent that a dispute arises regarding PG&E’s compliance with this Settlement Agreement, PG&E and SSJID agree to meet and confer to resolve said dispute informally, prior to undertaking any action before the Commission.

SETTLEMENT TERMS AND CONDITIONS. GRI is willing to resolve the violations herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein: 1. GRI agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business, including, but not limited to: a. complying with the requirements of Article 12-D of the Banking Law, and Part 38 of the General Regulations of the Banking Board; b. not conducting or transacting New York regulated mortgage business at any location that has not been approved by the Superintendent; c. not conducting or transacting business in this state under any assumed name or designation using any website, domain, or other name that has not been approved by the Superintendent; d. ensuring that its staff does not engage in origination activities at unauthorized locations; and e. ensuring that it will provide appropriate training for its employees regarding the establishment of or the change of branch locations. 2. GRI has previously provided the Department with its written compliance policies and procedures designed to ensure compliance with all applicable federal and state laws, regulations, supervisory requirements, and guidelines. The Department will review these policies and procedures and provide any comments or a letter of non-objection to GRI within 60 days from the Effective Date of this Agreement. 3. Within thirty (30) days from receipt of non-objection or any comments from the Department, and after incorporation and adoption of all comments, GRI agrees to submit a copy of its final compliance policies and procedures to the Department together with a letter from an authorized officer of GRI indicating his/her approval of such policies and procedures. 4. GRI agrees to pay a fine of $ 15,000. 5. GRI further agrees that such payment will be made in immediately available funds in accordance with the Department’s payment instructions.

SETTLEMENT TERMS AND CONDITIONS. The Licensee is willing to resolve the violation cited herein by entering into this Agreement and freely and voluntarily waives its right to a hearing under Banking Law Sections 44 and 598 on such violations. Therefore, in consideration of the promises and covenants set forth herein, the Settling Parties agree, as follows: 1. Licensee agrees to take all necessary steps to ensure its compliance with all applicable federal and state laws, regulations, and supervisory requirements relating to its mortgage business. 2. Licensee agrees to pay a fine in the amount of $10,000 upon the execution of this Agreement. 3. Licensee further agrees that such payment will be made in immediately available funds in accordance with Department payment instructions. 4. Licensee agrees to file the 2014 VOOR no later than October 30, 2015.