Termination 117 Sample Clauses

Termination 117. Section 9.01. Termination Upon Purchase by the Master Servicer or Liquidation of All Mortgage Loans 117 Section 9.02. Additional Termination Requirements 119 Section 9.03. Trust Irrevocable 120 ARTICLE X Miscellaneous Provisions 120 Section 10.01. Amendment 120 Section 10.02. Recordation of Agreement 122 Section 10.03. Limitation on Rights of Certificateholders 122 Section 10.04. Access to List of Certificateholders 123 Section 10.05. Governing Law 123 Section 10.06. Notices 123 Section 10.07. Severability of Provisions 123 Section 10.08. Counterpart Signatures 123 Section 10.09. Benefits of Agreement 124 Section 10.10. Notices and Copies to Rating Agencies 124 Schedule 1 Exceptions to Section 2.08(iv) Representations Appendix 1 Definition ofClass C-Y Principal Reduction AmountsExhibit A Form of Certificates (other than Class R Certificates) Exhibit B Form of Class R Certificates Exhibit C Anti-Predatory Lending Categorization Exhibit D Mortgage Loan Schedule Exhibit E Selling And Servicing Contract Exhibit F Form of Transferor Certificate For Junior Subordinate Certificates Exhibit G Form of Transferee’s Agreement For Junior Subordinate Certificates Exhibit H Form of Additional Matter Incorporated Into the Certificates Exhibit I Transferor Certificate Exhibit J Transferee Affidavit And Agreement Exhibit K [Reserved] Exhibit L Form of Investment Letter Exhibit M Form of Trustee’s Certification Pursuant to Section 2.07 Exhibit N Officer’s Certificate With Respect to ERISA Matters Pursuant to Section 5.01(d) Exhibit O Officer’s Certificate With Respect to ERISA Matters Pursuant to Section 5.01(g) This Pooling and Servicing Agreement, dated and effective as of October 1, 2004 (this “Agreement”), is executed by and among Washington Mutual Mortgage Securities Corp., as depositor and Master Servicer (the “Company”), LaSalle Bank National Association, a national banking association with a corporate trust office at 000 Xxxxx XxXxxxx Xxxxxx, Xxxxx 0000, Xxxxxxx, Xxxxxxxx 00000, as Trustee (the “Trustee”), and Christiana Bank & Trust Company, as Delaware Trustee (the “Delaware Trustee”). Capitalized terms used in this Agreement and not otherwise defined have the meanings ascribed to such terms in Article I hereof.
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Termination 117. SECTION 9.01. TERMINATION UPON LIQUIDATION OR PURCHASE OF ALL LOANS. 117 SECTION 9.02. FINAL DISTRIBUTION ON THE CERTIFICATES. 117 SECTION 9.03. ADDITIONAL TERMINATION REQUIREMENTS. 118 ARTICLE X MISCELLANEOUS PROVISIONS 119 SECTION 10.01. AMENDMENT. 119 SECTION 10.02. RECORDATION OF AGREEMENT; COUNTERPARTS. 120 SECTION 10.03. GOVERNING LAW. 120 SECTION 10.04. INTENTION OF PARTIES. 121 SECTION 10.05. NOTICES. 122 SECTION 10.06. SEVERABILITY OF PROVISIONS. 123 SECTION 10.07. ASSIGNMENT. 123 SECTION 10.08. LIMITATION ON RIGHTS OF CERTIFICATEHOLDERS. 123 SECTION 10.09. INSPECTION AND AUDIT RIGHTS. 124 SECTION 10.10. CERTIFICATES NONASSESSABLE AND FULLY PAID. 124 SECTION 10.11. THE CLOSING. 124 SECTION 10.12. INTERPRETATION. 125 SECTION 10.13. MATERIAL LITIGATION; AFFILIATIONS. 125 SECTION 10.14. NO PARTNERSHIP. 125 SECTION 10.15. PROTECTION OF ASSETS. 125 SECTION 10.16. EXECUTION OF SWAP AGREEMENT AND CAP AGREEMENT. 125 SCHEDULE I S-I-1 SCHEDULE IIA S-IIA-1 SCHEDULE IIB S-IIB-1 SCHEDULE IIC S-IIC-1 SCHEDULE IID S-IID-1 SCHEDULE IIE S-IIE-1 SCHEDULE IIF S-IIF-1 ix SCHEDULE IIX S-IIX-1 SCHEDULE IIIA S-IIIA-1 SCHEDULE IIIB S-IIIB-1 SCHEDULE IIIC S-IIIC-1 SCHEDULE IIID S-IIID-1 SCHEDULE IIIE S-IIIE-1 SCHEDULE IIIF S-IIIF-1 SCHEDULE IV IV-1 SCHEDULE V V-1 SCHEDULE VI VI-1 SCHEDULE VII VII-1 EXHIBIT A-0 X-0-0 XXXXXXX X-0 X-0-0 XXXXXXX A-0 X-0-0 XXXXXXX X-0 X-0-0 XXXXXXX B-1 B-1-1 EXHIBIT B-0 X-0-0 XXXXXXX X X-0 XXXXXXX X X-0 EXHIBIT E E-1 EXHIBIT F F-1 EXHIBIT G G-0 XXXXXXX X X-0 XXXXXXX I I-1 EXHIBIT J J-1 EXHIBIT K X-1 EXHIBIT L L-1 x EXHIBIT M M-1 EXHIBIT N N-1 EXHIBIT O O-1 EXHIBIT P P-1 xi THIS POOLING AND SERVICING AGREEMENT, dated as of November 1, 2006, by and among Popular ABS, Inc., a Delaware corporation, as depositor (the “Depositor”), Equity One, Inc., a Delaware corporation, as a seller (in such capacity, “Equity One-Delaware”) and as servicer (in such capacity, the “Servicer”), Equity One, Incorporated, a Pennsylvania corporation (“Equity One-Pennsylvania”), Popular Financial Services, LLC, a Delaware limited liability company (“Popular Financial”), Equity One Consumer Loan Company, Inc. a New Hampshire corporation (“Equity One-New Hampshire”), Equity One, Inc., a Minnesota corporation (“Equity One-Minnesota” and, together with Equity One-Delaware, Equity One-Pennsylvania and Popular Financial, the “Sellers”), and The Bank of New York, a New York banking corporation, as trustee (the “Trustee”).

Related to Termination 117

  • Expiration/Termination The term of this Agreement will commence on the Effective Date and expire at the end of the period specified in the “Term” Section of the Business Terms Exhibit, unless sooner terminated pursuant to the provisions of this Section 9 or extended by mutual written agreement of the parties (the “Term”). The Company may terminate this Agreement at any time with or without cause upon not less than ten (10) days’ prior written notice to Consultant. Consultant may terminate this Agreement at any time with or without cause upon not less than sixty (60) days’ prior written notice to the Company. Any expiration or termination of this Agreement shall be without prejudice to any obligation of either party that has accrued prior to the effective date of expiration or termination. Upon expiration or termination of this Agreement, neither Consultant nor the Company will have any further obligations under this Agreement, except that (a) Consultant will terminate all Consulting Services in progress in an orderly manner as soon as practicable and in accordance with a schedule agreed to by the Company, unless the Company specifies in the notice of termination that Consulting Services in progress should be completed; (b) Consultant will deliver to the Company all Work Product made through expiration or termination; (c) the Company will pay Consultant any monies due and owing Consultant, up to the time of termination or expiration, for Consulting Services properly performed and all authorized expenses actually incurred; (d) Consultant will immediately return to the Company all Company Materials and other Confidential Information and copies thereof provided to Consultant under this Agreement; and (e) the terms, conditions and obligations under Sections 3 (last sentence), 4, 5, 6, 7, 8, 9, and 10 and the EU Data Privacy Exhibit will survive expiration or termination of this Agreement.

  • Termination Effect of Termination 33 9.1 TERMINATION.................................................33 9.2

  • Effect of Termination; Termination Fee (a) In the event of the termination and abandonment of this Agreement pursuant to Section 10.1, the Agreement shall terminate and have no effect, except as otherwise provided herein and except that the provisions of this Section 10.2, Section 10.5 and Article 11 of this Agreement shall survive any such termination and abandonment.

  • Termination for Cause by the Company If the Company shall terminate the Executive’s employment with the Company for Cause, then upon such termination, the Company shall have no further obligation to Executive hereunder except for the payment or provision, as applicable, of (i) the portion of the Annual Base Salary for the period prior to the effective date of termination earned but unpaid (if any), (ii) all unreimbursed expenses (if any), subject to Sections 2.4 and 5.10(c), and (iii) other payments, entitlements or benefits, if any, in accordance with terms of the applicable plans, programs, arrangements or other agreements of the Company (other than any severance plan or policy) as to which the Executive held rights to such payments, entitlements or benefits, whether as a participant, beneficiary or otherwise on the date of termination (“Other Benefits”). For the avoidance of doubt, Executive shall have no right to receive (and Other Benefits shall not include) any amounts under any Company severance plan or policy or pursuant to Article 3 or Article 4 upon Executive’s termination for Cause.

  • Termination for Cause by Company Although the Company anticipates the continuation of a mutually rewarding employment relationship with Executive, the Company may terminate Executive’s employment immediately at any time for Cause. For purposes of this Agreement, “Cause” is defined as: (a) acts or omissions constituting gross negligence, recklessness or willful misconduct on the part of Executive with respect to Executive’s obligations or otherwise relating to the business of the Company; (b) Executive’s material breach of this Agreement, including, without limitation, any breach of Section 8, Section 9 or Section 11; (c) Executive’s breach of the Company’s Employee Nondisclosure and Assignment Agreement (a signed copy of which was delivered to the Company with the Original Agreement) (the “Nondisclosure Agreement”); (d) Executive’s conviction or entry of a plea of nolo contendere for fraud, misappropriation or embezzlement, or any felony or crime of moral turpitude; (e) Executive’s inability to perform the essential functions of Executive’s position, with or without reasonable accommodation, due to a mental or physical disability; (f) Executive’s willful neglect of duties as determined in the sole and exclusive discretion of the Board, provided that Executive has received written notice of the action or omission giving rise to such determination and has failed to remedy such situation to the satisfaction of the Board within thirty (30) days following receipt of such written notice, unless Executive’s action or omission is not subject to cure, in which case no such notice shall be required, or (g) Executive’s death. In the event Executive’s employment is terminated in accordance with this Section 7.1, Executive shall be entitled to receive only Executive’s Base Salary then in effect, prorated to the date of Executive’s termination of employment with the Company (the “Termination Date”), and all amounts and benefits earned or incurred pursuant to Sections 5 and 6 through the Termination Date. All other Company obligations to Executive pursuant to this Agreement will be automatically terminated and completely extinguished as of the Termination Date, but will be subject to the surviving provisions of this Agreement set forth in Section 14.8. Executive will not be entitled to receive the Severance Package described in Section 7.2. Any termination pursuant to this Section 7.1 shall be evidenced by a resolution or written consent of the Board, and the Company shall provide Executive with a copy of such resolution or written consent, certified by the Secretary of the Company, upon Executive’s written request.

  • Duration Termination 1. This License Agreement is concluded for an indefinite period, subject to termination in accordance with the provisions of article 6.2 and 6.3. Except based on these provisions, parties are not allowed to terminate the License Agreement.

  • Termination; General The Underwriter may terminate this Agreement by notice to the Fund, at any time at or prior to Closing Time (i) if there has been, since the time of execution of this Agreement or since the respective dates as of which information is given in the Prospectus, any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Fund or the Adviser, whether or not arising in the ordinary course of business, or (ii) if there has occurred any material adverse change in the financial markets in the United States or the international financial markets, any outbreak of hostilities or escalation thereof or other calamity or crisis or any change or development involving a prospective change in national or international political, financial or economic conditions, in each case the effect of which is such as to make it, in the judgment of the Underwriter, impracticable to market the Shares or to enforce contracts for the sale of the Shares, or (iii) if trading in any securities of the Fund has been suspended or materially limited by the Commission or the New York Stock Exchange, or if trading generally on the American Stock Exchange or the New York Stock Exchange or in the Nasdaq National Market has been suspended or materially limited, or minimum or maximum prices for trading have been fixed, or maximum ranges for prices for securities have been required, by any of said exchanges or by such system or by order of the Commission, the National Association of Securities Dealers, Inc. or any other governmental authority, or (iv) if a banking moratorium has been declared by either Federal or New York authorities.

  • Notice of Termination; Effect of Termination Any proper termination of this Agreement under Section 7.1 will be effective immediately upon the delivery of written notice of the terminating party to the other parties hereto. In the event of the termination of this Agreement as provided in Section 7.1, this Agreement shall be of no further force or effect, except (i) as set forth in this Section 7.2, Section 7.3 and Article 8, each of which shall survive the termination of this Agreement, and (ii) nothing herein shall relieve any party from liability for any willful breach of this Agreement. No termination of this Agreement shall affect the obligations of the parties contained in the Confidentiality Agreement, all of which obligations shall survive termination of this Agreement in accordance with their terms.

  • Term Termination 8.1 This Agreement shall be effective as of the date hereof and shall continue in force until terminated in accordance with the provisions herein.

  • Final Termination Unless terminated at an earlier date by mutual agreement of the parties hereto, this Agreement shall terminate upon the first to occur of the following: (a) the last Serviced Appointment is terminated, matured or expired under the terms of the applicable Serviced Corporate Trust Contract and all Trust Assets in respect thereof have been fully distributed, (b) the last Serviced Appointment is Transferred to the applicable Purchaser, (c) the applicable Seller has resigned from the last Serviced Appointment if permitted under Section 7.2 below or (d) the applicable Seller is removed from appointment or the applicable Seller’s appointment is terminated with respect to the last Serviced Appointment in accordance with this Agreement, the applicable Serviced Corporate Trust Contract or any other agreement between the parties hereto entered into on or prior to the date hereof. Upon termination of this Agreement in accordance with this Section 7.1, each party’s further rights and obligations hereunder, other than the provisions of Section 8 and Section 9, shall terminate and be of no further force and effect and no party shall have any liability hereunder, except that neither the Sellers nor the Purchasers shall be relieved or released from any liabilities or damages arising out of its breach of any provision of this Agreement prior to termination.

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