SPECIAL PROVISIONS    107 Sample Clauses

SPECIAL PROVISIONS    107. Section 9.1 Sale of Notes and Securitization. 107 Section 9.2 Securitization Indemnification 109 Section 9.3 Servicer. 112 Section 9.4 Exculpation. 113 Section 9.5 Intentionally Omitted. 115 Section 9.6 Reallocation of Loan Amounts. 115 X. MISCELLANEOUS 115 Section 10.1 Survival. 115 Section 10.2 Lender’s Discretion 115 Section 10.3 Governing Law. 116 Section 10.4 Modification, Waiver in Writing. 116 Section 10.5 Delay Not a Waiver. 116 Section 10.6 Notices. 117 Section 10.7 Trial by Jury 118 Section 10.8 Headings. 118 Section 10.9 Severability. 118 Section 10.10 Preferences 119 Section 10.11 Waiver of Notice 119 Section 10.12 Remedies of Borrower. 119 Section 10.13 Expenses; Indemnity 119 Section 10.14 Schedules and Exhibits Incorporated 121 Section 10.15 Offsets, Counterclaims and Defenses. 121 Section 10.16 No Joint Venture or Partnership; No Third Party Beneficiaries. 121 Section 10.17 Publicity. 121 Section 10.18 Waiver of Marshalling of Assets. 121 Section 10.19 Waiver of Counterclaim 122 Section 10.20 Conflict; Construction of Documents; Reliance. 122 Section 10.21 Brokers and Financial Advice 122 Section 10.22 Prior Agreements. 122 Schedule and Exhibits SCHEDULE I Intentionally Omitted SCHEDULE II Intentionally Omitted SCHEDULE III Required Repairs- Deadlines For Completion SCHEDULE IV Organizational Chart of Borrower SCHEDULE V Monthly Scheduled Amortization Payments SCHEDULE VI Intentionally Omitted SCHEDULE VII Intentionally Omitted SCHEDULE VIII None SCHEDULE IX None SCHEDULE X Intentionally Omitted SCHEDULE XI Special Assessments SCHEDULE XII Intentionally Omitted SCHEDULE XIII Litigation Schedule SCHEDULE XIV Borrower Defaults SCHEDULE XV Insurance Claims SCHEDULE XVI Rent Roll/Leases SCHEDULE XVII Lease Defaults SCHEDULE XVIII Required Lease Work SCHEDULE XIX Lease Assignments SCHEDULE XX Taxes SCHEDULE XXI Permitted FF&E Financing SCHEDULE XXII Intentionally Omitted SCHEDULE XXIII Intentionally Omitted SCHEDULE XXIV Intentionally Omitted SCHEDULE XXV Intentionally Omitted SCHEDULE XXVI Lease Exceptions SCHEDULE XXVII Intentionally Omitted EXHIBIT A Property Account Agreement EXHIBIT B Intentionally Omitted EXHIBIT C Assignment of Interest Rate Cap Agreement EXHIBIT D Credit Card Notice Letter EXHIBIT E Excluded Group EXHIBIT F Intentionally Omitted EXHIBIT G Miramar Parcel EXHIBIT H Employee Parking Lot Parcel EXHIBIT I Property Legal Description EXHIBIT J El San Xxxx Property EXHIBIT K Concession Agreements EXHIBIT L Recognition and Non-Di...
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SPECIAL PROVISIONS    107. 12.1.1 Sale of Note and Securitization 107
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Related to SPECIAL PROVISIONS    107

  • Special Provisions 9 A. CONTRACTOR shall not use the funds provided by means of this Agreement for the following 10 purposes:

  • Special Provision The failure of the COUNTY to insist upon the strict performance of any provision of this Agreement or to exercise any right based upon breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement.

  • Special Provisions Applicable to LIBOR Rate (i) The LIBOR Rate may be adjusted by Agent with respect to any Lender on a prospective basis to take into account any additional or increased costs to such Lender of maintaining or obtaining any eurodollar deposits or increased costs due to changes in applicable law occurring subsequent to the commencement of the then applicable Interest Period, including changes in tax laws (except changes of general applicability in corporate income tax laws) and changes in the reserve requirements imposed by the Board of Governors of the Federal Reserve System (or any successor), excluding the Reserve Percentage, which additional or increased costs would increase the cost of funding loans bearing interest at the LIBOR Rate. In any such event, the affected Lender shall give Administrative Borrower and Agent notice of such a determination and adjustment and Agent promptly shall transmit the notice to each other Lender and, upon its receipt of the notice from the affected Lender, Administrative Borrower may, by notice to such affected Lender (y) require such Lender to furnish to Administrative Borrower a statement setting forth the basis for adjusting such LIBOR Rate and the method for determining the amount of such adjustment, or (z) repay the LIBOR Rate Loans with respect to which such adjustment is made (together with any amounts due under clause (b)(ii) above).

  • Financial Provisions Any cooperative activities envisaged or undertaken under this Agreement shall be subject to the availability of resources and to the laws, regulations and policies of the Parties. Costs of cooperative activities shall be borne in such manner as may be mutually determined from time to time between the Parties.

  • FINAL PROVISIONS Clause 16 Non-compliance with the Clauses and termination

  • Special Provisions Relating to Euro Each obligation hereunder of any party hereto that is denominated in the National Currency of a state that is not a Participating Member State on the date hereof shall, effective from the date on which such state becomes a Participating Member State, be redenominated in Euro in accordance with the legislation of the European Union applicable to the European Monetary Union; provided that, if and to the extent that any such legislation provides that any such obligation of any such party payable within such Participating Member State by crediting an account of the creditor can be paid by the debtor either in Euros or such National Currency, such party shall be entitled to pay or repay such amount either in Euros or in such National Currency. If the basis of accrual of interest or fees expressed in this Agreement with respect to an Agreed Foreign Currency of any country that becomes a Participating Member State after the date on which such currency becomes an Agreed Foreign Currency shall be inconsistent with any convention or practice in the interbank market for the basis of accrual of interest or fees in respect of the Euro, such convention or practice shall replace such expressed basis effective as of and from the date on which such state becomes a Participating Member State; provided that, with respect to any Borrowing denominated in such currency that is outstanding immediately prior to such date, such replacement shall take effect at the end of the Interest Period therefor. Without prejudice to the respective liabilities of the Borrower to the Lenders and the Lenders to the Borrower under or pursuant to this Agreement, each provision of this Agreement shall be subject to such reasonable changes of construction as the Administrative Agent may from time to time, in consultation with the Borrower, reasonably specify to be necessary or appropriate to reflect the introduction or changeover to the Euro in any country that becomes a Participating Member State after the date hereof; provided that the Administrative Agent shall provide the Borrower and the Lenders with prior notice of the proposed change with an explanation of such change in sufficient time to permit the Borrower and the Lenders an opportunity to respond to such proposed change.

  • General Provisions Applicable to Loans 30 5.1 Interest Rates and Payment Dates...............................................................30 5.2 Conversion and Continuation Options............................................................31 5.3 Minimum Amounts and Maximum Number of Tranches.................................................32 5.4

  • Other Definitional Provisions; Interpretation (a) The words “hereof,” “herein,” and “hereunder” and words of similar import when used in this Agreement refer to this Agreement as a whole and not to any particular provision of this Agreement, and references in this Agreement to a designated “Article” or “Section” refer to an Article or Section of this Agreement unless otherwise specified.

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