Swap Disclosure Event Sample Clauses

Swap Disclosure Event. If, upon the occurrence of a Swap Disclosure Event (as defined in Part 5(q) below) Party A has not, within 10 Business Days after such Swap Disclosure Event complied with any of the provisions set forth in clause (iii) of Party 5(q) below, then an Additional Termination Event shall have occurred with respect to Party A and Party A shall be the sole Affected Party with respect to such Additional Termination Event.
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Swap Disclosure Event. If upon the occurrence of a Swap Disclosure Event (as defined in paragraph (xxii) above), UBS AG has not, within 10 business days (after giving effect to any grace period applicable to the relevant filing) after such Swap Disclosure Event, either: (A) complied with any of the provisions set forth in paragraph (xxii) above or (B) accomplished an Elective Termination (as provided below), then an Additional Termination Event shall have occurred with respect to UBS AG and UBS AG shall be the sole Affected Party with respect to such Additional Termination Event.
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Swap Disclosure Event. Upon the occurrence of a Swap Disclosure Event (as defined below), if Party A has not, within 10 days after such Swap Disclosure Event (the “Response Period”) complied with one of the solutions listed below, then an Additional Termination Event shall have occurred with respect to Party A and Party A shall be the sole Affected Party with respect to such Additional Termination Event. It shall be a swap disclosure event (“Swap Disclosure Event”) if at any time after the date hereof Xxxxxxxxxx Securities, LP (“Xxxxxxxxxx Securities”) or Stanwich Asset Acceptance Corporation (“Stanwich”) notifies Party A that in the reasonable discretion of Xxxxxxxxxx Securities or Stanwich acting in good faith, the “aggregate significance percentage” of all derivative instruments (as such term is defined in Item 1115 of Regulation AB (as defined below)) provided by Party A and any of its affiliates to Xxxxxxxxxx Mortgage Loan Trust, Series 2007-FRE1 (the “Significance Percentage”) is 10% or more.
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Swap Disclosure Event. If, upon the occurrence of a Swap Disclosure Event (as defined in paragraph 16 below), BSFP has not, within 10 Business Days after such Swap Disclosure Event complied with any of the provisions set forth in clause (iii) in paragraph 16 below, then an Additional Termination Event shall have occurred with respect to BSFP and BSFP shall be the sole Affected Party with respect to such Additional Termination Event.
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Swap Disclosure Event. Upon the occurrence of a Swap Disclosure Event (as defined below), if Party A has not, within 10 days after such Swap Disclosure Event (the "Response Period") complied with one of the solutions listed below, then an Additional Termination Event shall have occurred with respect to Party A and Party A shall be the sole Affected Party with respect to such Additional Termination Event. It shall be a swap disclosure event ("Swap Disclosure Event") if at any time after the date hereof Xxxxxxxxxx Securities, LP ("Xxxxxxxxxx Securities") or Stanwich Asset Acceptance Corporation ("Stanwich") notifies Party A that in the reasonable discretion of Xxxxxxxxxx Securities or Stanwich acting in good faith, the "aggregate significance percentage" of all derivative instruments (as such term is defined in Item 1115(b)(2) of Regulation AB (as defined below)) provided by Party A and any of its affiliates to Xxxxxxxxxx Mortgage Loan Trust, Series 2006-NC3 (the "Significance Percentage") is 10% or more.
Sample 1
Swap Disclosure Event. Upon the occurrence of a Swap Disclosure Event (as defined below), if Party A has not, within 10 days after such Swap Disclosure Event (the “Response Period”) complied with one of the solutions listed below, then an Additional Termination Event shall have occurred with respect to Party A and Party A shall be the sole Affected Party with respect to such Additional Termination Event. It shall be a swap disclosure event (“Swap Disclosure Event”) if at any time after the date hereof Xxxxxxxxxx Securities, LP (“Xxxxxxxxxx Securities”) or Stanwich Asset Acceptance Corporation (“Stanwich”) notifies Party A that in the reasonable discretion of Xxxxxxxxxx Securities or Stanwich acting in good faith, the “aggregate significance percentage” of all derivative instruments (as such term is defined in Item 1115 of Regulation AB (as defined below)) provided by Party A and any of its affiliates to Xxxxxxxxxx Mortgage Loan Trust, Series 2007-RFC1 (the “Significance Percentage”) is 10% or more. Following a Swap Disclosure Event, Party A’s Credit Support Provider shall take one of the following actions at its own expense: either (I) (a) (i) if the Significance Percentage is 10% or more, Party A’s Credit Support Provider shall provide in an XXXXX compatible format the information set forth in Item 1115(b)(1) of Regulation AB (or the alternative information described in Instructions 2, 3 and 5 to Item 1114 of Regulation AB or otherwise approved by the SEC in writing) for Party A (or for its Credit Support Provider, if applicable) or (ii) if the Significance Percentage is 20% or more, Party A provide in an XXXXX compatible format the information set forth in Item 1115(b)(2) of Regulation AB (or the alternative information described in Instructions 2, 3 and 5 to Item 1114 of Regulation AB or otherwise approved by the SEC in writing) for Party A (or for its Credit Support Provider, if applicable) (collectively, the “Reg AB Information”), to Xxxxxxxxxx Securities or Stanwich and (b) provide written consent to Xxxxxxxxxx Securities and Stanwich to incorporation by reference of such current Reg AB Information as is filed with the Securities and Exchange Commission in the reports of Stanwich
Sample 1
Swap Disclosure Event. Party A agrees and acknowledges that certain filings are required under Regulation AB under the Securities Act of 1933, as amended, and the Securities Exchange Act of 1934, as amended (the “Exchange Act”) (“Regulation AB”), to disclose certain financial information regarding Party A or its group of affiliated entities, if applicable, depending on the aggregate “significance percentage” of this Agreement and Counterparty, as calculated from time to time in accordance with Item 1115 of Regulation AB. It shall be a swap disclosure event (“Swap Disclosure Event”) if, on any Business Day after the date hereof, Party A is requested to provide the applicable financial information described in Item 1115 of Regulation AB (such request to be based on a reasonable determination by Depositor, in good faith, that such information is required under Regulation AB) (the “Swap Financial Disclosure”). If, upon the occurrence of a Swap Disclosure Event, Party A has not complied with the provisions set forth in the Disclosure Agreement (as defined below), then an Additional Termination Event shall have occurred with respect to Party A and Party A shall be the sole Affected Party with respect to such Additional Termination Event. Party B agrees to cause a Form 15, suspending Party B’s requirement to file reports with the SEC pursuant to the Exchange Act, to be filed upon Party B’s eligibility to so file as set forth in the Indenture and agrees to notify Party A upon such filing. Following the filing of such Form 15 and any required Exchange Act reports subsequent thereto, Party A shall have no further obligation to provide the foregoing information. “Disclosure Agreement” shall mean that certain Indemnification and Disclosure Agreement, dated as of September 7, 2006, between CNH Capital Receivables LLC, as depositor, and Bank of America, N.A., as swap provider.
Sample 1
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Related to Swap Disclosure Event

  • Disclosure Updates Promptly and in no event later than 5 Business Days after obtaining knowledge thereof, notify Agent if any written information, exhibit, or report furnished to the Lender Group contained, at the time it was furnished, any untrue statement of a material fact or omitted to state any material fact necessary to make the statements contained therein not misleading in light of the circumstances in which made. The foregoing to the contrary notwithstanding, any notification pursuant to the foregoing provision will not cure or remedy the effect of the prior untrue statement of a material fact or omission of any material fact nor shall any such notification have the effect of amending or modifying this Agreement or any of the Schedules hereto.

  • ADV Disclosure The Adviser has provided the Trust with a copy of its Form ADV as most recently filed with the Commission and will, promptly after filing any amendment to its Form ADV with the Commission, furnish a copy of such amendments to the Trust. The information contained in the Adviser’s Form ADV is accurate and complete in all material respects and does not omit to state any material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading.

  • Continuing Disclosure Prior to the Closing, the Company and Sellers shall have the continuing obligation promptly to advise Buyer with respect to any matter hereafter arising or discovered that, if existing or known at the date of this Agreement, would have been required to be set forth or described in a schedule to this Agreement, or that constitutes a breach or prospective breach of this Agreement by the Company or a Seller. The delivery of any such notice shall not affect Buyer's remedies hereunder.

  • Disclosure Information The disclosure of information as to the names and addresses of the Holders of Trust Securities in accordance with Section 312 of the Trust Indenture Act, regardless of the source from which such information was derived, shall not be deemed to be a violation of any existing law or any law hereafter enacted which does not specifically refer to Section 312 of the Trust Indenture Act, nor shall the Property Trustee be held accountable by reason of mailing any material pursuant to a request made under Section 312(b) of the Trust Indenture Act.

  • Financial Disclosure Each Borrower hereby irrevocably authorizes and directs all accountants and auditors employed by such Borrower at any time during the Term to exhibit and deliver to Agent and each Lender copies of any of such Borrower’s financial statements, trial balances or other accounting records of any sort in the accountant’s or auditor’s possession, and to disclose to Agent and each Lender any information such accountants may have concerning such Borrower’s financial status and business operations. Each Borrower hereby authorizes all Governmental Bodies to furnish to Agent and each Lender copies of reports or examinations relating to such Borrower, whether made by such Borrower or otherwise; however, Agent and each Lender will attempt to obtain such information or materials directly from such Borrower prior to obtaining such information or materials from such accountants or Governmental Bodies.

  • Transactions Requiring Disclosure to FINRA 2.17.1 Finder’s Fees. There are no claims, payments, arrangements, agreements or understandings relating to the payment of a finder’s, consulting or origination fee by the Company or any Insider with respect to the sale of the Securities hereunder or any other arrangements, agreements or understandings of the Company or to the Company’s knowledge, assuming reasonable inquiry, any Insider that may affect the Underwriters’ compensation, as determined by FINRA.

  • No Change in Facts or Circumstances; Disclosure All information submitted by and on behalf of Borrower to Lender and in all financial statements, rent rolls (including the rent roll attached hereto as Schedule I), reports, certificates and other documents submitted in connection with the Loan or in satisfaction of the terms thereof and all statements of fact made by Borrower in this Agreement or in any other Loan Document, are true, complete and correct in all material respects. There has been no material adverse change in any condition, fact, circumstance or event that would make any such information inaccurate, incomplete or otherwise misleading in any material respect or that otherwise materially and adversely affects or might materially and adversely affect the use, operation or value of the Property or the business operations or the financial condition of Borrower. Borrower has disclosed to Lender all material facts and has not failed to disclose any material fact that could cause any Provided Information or representation or warranty made herein to be materially misleading.

  • Transactions Affecting Disclosure to Nasd 2.18.1 Finder’s Fees. There are no claims, payments, arrangements, agreements or understandings relating to the payment of a finder’s, consulting or origination fee by the Company or any Existing Stockholder with respect to the sale of the Securities hereunder or any other arrangements, agreements or understandings of the Company or any Existing Stockholder that may affect the Underwriters’ compensation, as determined by the NASD.

  • Securities Act Updating Disclosure If any material pool characteristic differs by 5% or more at the time of issuance of the securities from the description in the final prospectus, provide updated Reg AB disclosure about the actual asset pool. Depositor If there are any new servicers or originators required to be disclosed under Regulation AB as a result of the foregoing, provide the information called for in Items 1108 and 1110 respectively. Depositor

  • Disclosure; 10b-5 The Registration Statement (and any further documents to be filed with the Commission) contains all exhibits and schedules as required by the Securities Act. Each of the Registration Statement and any post-effective amendment thereto, if any, at the time it became effective, complied in all material respects with the Securities Act and the Exchange Act and the applicable rules and regulations under the Securities Act and did not and, as amended or supplemented, if applicable, will not, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein not misleading. The Prospectus and the Prospectus Supplement, each as of its respective date, comply in all material respects with the Securities Act and the Exchange Act and the applicable rules and regulations. Each of the Prospectus and the Prospectus Supplement, as amended or supplemented, did not and will not contain as of the date thereof any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading. The SEC Reports, when they were filed with the Commission, conformed in all material respects to the requirements of the Exchange Act and the applicable rules and regulations, and none of such documents, when they were filed with the Commission, contained any untrue statement of a material fact or omitted to state a material fact necessary to make the statements therein (with respect to the SEC Reports incorporated by reference in the Prospectus or Prospectus Supplement), in light of the circumstances under which they were made not misleading; and any further documents so filed and incorporated by reference in the Prospectus or Prospectus Supplement, when such documents are filed with the Commission, will conform in all material respects to the requirements of the Exchange Act and the applicable rules and regulations, as applicable, and will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made not misleading. No post-effective amendment to the Registration Statement reflecting any facts or events arising after the date thereof which represent, individually or in the aggregate, a fundamental change in the information set forth therein is required to be filed with the Commission. There are no documents required to be filed with the Commission in connection with the transaction contemplated hereby that (x) have not been filed as required pursuant to the Securities Act or (y) will not be filed within the requisite time period. There are no contracts or other documents required to be described in the Prospectus or Prospectus Supplement, or to be filed as exhibits or schedules to the Registration Statement, which have not been described or filed as required. The press releases disseminated by the Company during the twelve months preceding the date of this Agreement taken as a whole do not contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary in order to make the statements therein, in light of the circumstances under which they were made and when made, not misleading.

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