Termination by FMC. FMC may terminate this Agreement if: (1) The Guaranty Agreement is terminated by reason of a breach thereof by Program Lender; or (2) Program Lender materially breaches this Agreement, and fails to cure such material breach, within 60 days of written demand for cure; or (3) Program Lender shall file any proceeding under the U.S. Bankruptcy Code or similar state insolvency act, or shall be the subject of any involuntary bankruptcy proceeding, including without limitation a seizure of assets by the FDIC, which proceeding is not dismissed within 60 days after the filing thereof; or (4) the Guaranty Agreement expires or is not renewed or a XXXX Insolvency Event occurs.
Appears in 2 contracts
Samples: Note Purchase Agreement (National Collegiate Student Loan Trust 2006-2), Note Purchase Agreement (First Marblehead Corp)
Termination by FMC. FMC may terminate this Agreement if:
(1) The Either of the Guaranty Agreement or the Marketing Agreement is terminated by reason of a breach thereof by Program Lender; or
(2) Program Lender materially breaches this Agreement, and fails to cure such material breach, within 60 days of written demand for cure; or
(3) Program Lender shall file any proceeding under the U.S. Bankruptcy Code or similar state insolvency act, or shall be the subject of any involuntary bankruptcy proceeding, including without limitation a seizure of assets by the FDIC, which proceeding is not dismissed within 60 days after the filing thereof; or
(4) the Guaranty Agreement expires or is not renewed or a XXXX TXXX Insolvency Event occurs.
Appears in 2 contracts
Samples: Note Purchase Agreement (National Collegiate Funding LLC), Note Purchase Agreement (National Collegiate Funding LLC)
Termination by FMC. FMC may terminate this Agreement if:
(1) The Guaranty Agreement is terminated by reason of a breach thereof by Program Lender; or
(2) Program Lender materially breaches this Agreement, and fails to cure such material breach, within 60 days of written demand for cure; or
(3) Program Lender shall file any proceeding under the U.S. Bankruptcy Code or similar state insolvency act, or shall be the subject of any involuntary bankruptcy proceeding, including without limitation a seizure of assets by the FDIC, which proceeding is not dismissed within 60 days after the filing thereof; or
(4) the Guaranty Agreement expires or is not renewed or a XXXX TXXX Insolvency Event occurs.
Appears in 1 contract
Samples: Note Purchase Agreement (National Collegiate Student Loan Trust 2006-3)
Termination by FMC. FMC may terminate this Agreement if:
(1) The Guaranty Agreement, Origination Agreement, or Servicing Agreement is terminated by reason of a breach thereof by Program Lender; or
(2) Program Lender materially breaches this Agreement, and fails to cure such material breach, within 60 days of written demand for cure; or
(3) Program Lender shall file any proceeding under the U.S. Bankruptcy Code or similar state insolvency act, or shall be the subject of any involuntary bankruptcy proceeding, including without limitation a seizure of assets by the FDIC, which proceeding is not dismissed within 60 days after the filing thereof; or
(4) the The Guaranty Agreement expires or is not renewed or a XXXX renewed;
(5) A TXXX Insolvency Event occurs.
Appears in 1 contract
Samples: Note Purchase Agreement (National Collegiate Student Loan Trust 2007-3)
Termination by FMC. FMC may terminate this Agreement if:
(1) The Guaranty Agreement is terminated by reason of a breach thereof by Program Lender; or
(2) Program Lender materially breaches this Agreement, and fails to cure such material breach, within 60 days of written demand for cure; or
(3) Program Lender shall file file any proceeding under the U.S. Bankruptcy Code or similar state insolvency act, or shall be the subject of any involuntary bankruptcy proceeding, including without limitation a seizure of assets by the FDIC, which proceeding is not dismissed within 60 days after the filing filing thereof; or
(4) the Guaranty Agreement expires or is not renewed or a XXXX Insolvency Event occurs.
Appears in 1 contract
Samples: Note Purchase Agreement