Termination of a Material Sample Clauses

Termination of a Material. All parties to the Pooling and Definitive Agreement Servicing Agreement, each Servicer, the Custodian and, if applicable, the Special Servicer, as to each agreement to which it is a party Item 1.03- Bankruptcy or Receivership (i) Depositor, as to itself, the sponsor, any 1100(d)(1) party, any significant obligor, any credit enhancement provider or derivative counterparty and any other transaction party, to the extent known to the Depositor, (ii) Trustee, as to itself, (iii) each Servicer as to itself, (iv) Master Servicer, as to itself and any other transaction party, to the extent known to the Master Servicer Item 2.04- Triggering Events that Master Servicer Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement Item 3.03- Material Modification to Master Servicer Rights of Security Holders Item 5.03- Amendments of Articles of Master Servicer Incorporation or Bylaws; Change of Fiscal Year Item 6.01- ABS Informational and Depositor Computational Material Item 6.02- Change of Servicer or Servicer, Master Servicer Master Servicer Item 6.03- Change in Credit Depositor/Master Servicer Enhancement or External Support Item 6.04- Failure to Make a Required Master Servicer Distribution Item 6.05- Securities Act Updating Depositor Disclosure
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Termination of a Material. DEFINITIVE All parties AGREEMENT Disclosure is required regarding termination of any definitive agreement that is material to the securitization (other than expiration in accordance with its terms), even if depositor is not a party. Examples: servicing agreement, custodial agreement.
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Termination of a Material. All parties to the Pooling and Definitive Agreement Servicing Agreement, each Servicer, the Custodian and, if applicable, the Special Servicer, as to each agreement to which it is a party Item 1.03- Bankruptcy or Receivership (i) Depositor, as to itself, the Item 2.04- Triggering Events that sponsor, any 1100(d)(1) party, any Accelerate or Increase a significant obligor, any credit Direct Financial Obligation enhancement provider or derivative or an Obligation under an counterparty and any other Off-Balance Sheet Arrangement transaction party, to the extent Item 3.03- Material Modification to known to the Depositor, (ii) Rights of Security Holders Trustee, as to itself, (iii) each Item 5.03- Amendments of Articles of Servicer as to itself, (iv) Master Incorporation or Bylaws; Servicer, as to itself and any Change of Fiscal Year other transaction party, to the Item 6.01- ABS Informational and extent known to the Master Servicer Computational Material Master Servicer Item 6.02- Change of Servicer or Master Servicer Item 6.03- Change in Credit Enhancement or External Support Master Servicer Item 6.04- Failure to Make a Required Distribution Master Servicer Item 6.05- Securities Act Updating Disclosure Item 7.01- Reg FD Disclosure Master Servicer Item 8.01- Other Events Item 9.01 Depositor
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Termination of a Material. Master Servicer (in the case of the Master Definitive Agreement Servicer, only as to agreements it is a party to or entered into on behalf of the Trust) Depositor Trustee Special Servicer
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Termination of a Material. Definitive All parties to this Agreement only as to agreements Agreement such entity is a party to or entered into on behalf of the Trust Fund Item 1.03- Bankruptcy or Receivership Depositor Item 2.04- Triggering Events that Accelerate or Depositor Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement Item 3.03- Material Modification to Rights of Trustee Security Holders Item 5.03- Amendments of Articles of Incorporation or Depositor Bylaws; Change of Fiscal Year Item 6.01- ABS Informational and Computational Depositor Material Item 6.02- Change of Master Servicer, Special Master Servicer (as to itself or a Sub-Servicer Servicer or Trustee retained by the Master Servicer) Special Servicer(as to itself or a Sub-Servicer retained by the Special Servicer) Trustee Item 6.03- Change in Credit Enhancement or External Depositor Support Trustee Item 6.04- Failure to Make a Required Distribution Trustee Item 6.05- Securities Act Updating Disclosure Depositor Item 7.01- Reg FD Disclosure Depositor Item 8.01 Depositor Item 9.01 Depositor EXHIBIT Y SUB-SERVICER LIST -------------------------------------------------------------------------------- SUB-SERVICERS SUB-SERVICED MORTGAGE LOANS -------------------------------------------------------------------------------- Northmarq Capital Extra Space Storage Pico Rivera II Empire II & Willowbrook Apartments -------------------------------------------------------------------------------- Laureate Capital, LLC Super 8 - Weatherford, TX Comfort Suites - Fishers, IN Super 8 Motel - Avon, IN -------------------------------------------------------------------------------- Bank of America 666 Fifth Avenue -------------------------------------------------------------------------------- Midland Sawgrass Mills -------------------------------------------------------------------------------- EXHIBIT Z TENANTS-IN-COMMON TRANSFER COMPLIANCE Timing & Notice Approval of New Accredited Sponsor Name Requirement Borrower Investors Only -------------------------------------------------------------------------------------------------------------------------- Genva - Initial TIC Transfers (International Market Within the first At Lender's Yes Square) 180 days; upon 10 Discretion days prior notice -------------------------------------------------------------------------------------------------------------------------- Genva - Future TIC Transfers (International Market After the Square) completion of the I...
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Termination of a Material. All parties to this Agreement only as Definitive Agreement to agreements such entity is a party to or entered into on behalf of the Trust Fund Item 1.03 Bankruptcy or Receivership Depositor Item 2.04 Triggering Events that Trustee Accelerate or Increase a Direct Financial Obligation or an Obligation under an Off-Balance Sheet Arrangement Item 3.03 Material Modification to Trustee Rights of Security Holders Item 5.03 Amendments of Articles of Depositor Incorporation or Bylaws; Change of Fiscal Year Item 6.01 ABS Informational and Depositor Computational Material
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Termination of a Material. Definitive Agreement
Sample 1
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Related to Termination of a Material

  • Termination of Use These terms and Your access to Our Website may be terminated by Us (at Our sole discretion) at any time without notice or any requirement to give You a reason why. In the event of termination under this clause We shall have no liability to You whatsoever (including for any consequential or direct loss You may suffer).

  • Termination of Agreement If this Agreement is terminated by the Representatives in accordance with the provisions of Section 5 or Section 9(a)(i) hereof, the Company shall reimburse the Underwriters for all of their out-of-pocket expenses, including the reasonable fees and disbursements of counsel for the Underwriters.

  • Termination for Material Breach Either Party (the “Terminating Party”) may terminate this Agreement in its entirety, or on a country-by-country and Product-by-Product basis, in the event the other Party (the “Breaching Party”) has materially breached this Agreement, and such material breach has not been cured within sixty (60) days after receipt of written notice of such breach by the Breaching Party from the Terminating Party (the “Cure Period”). The written notice describing the alleged material breach shall provide sufficient detail to put the Breaching Party on notice of such material breach. Any termination of this Agreement pursuant to this Section 10.3 shall become effective at the end of the Cure Period, unless the Breaching Party has cured any such material breach prior to the expiration of such Cure Period; provided that in the event a claim of material breach is being contested diligently and in good faith by appropriate proceedings hereunder, any termination pursuant to this Section shall not become effective unless and until such material breach has been established in such proceedings and, in the event that, following such establishment, a cure may then be accomplished by the payment of money or the taking of certain actions, such payment or actions are not paid or taken within sixty (60) days of the conclusion of such proceedings. The right of either Party to terminate this Agreement as provided in this Section 10.3 shall not be affected in any way by such Party’s waiver of or failure to take action with respect to any previous breach under this Agreement.

  • Termination of Access Once this Agreement ends, by early termination or otherwise, the Licensor may terminate access to the Licensed Materials by Licensee, Participating Institutions and Authorized users, subject to Section XII, below. In addition, authorized copies of Licensed Materials made by Authorized Users may be retained for educational purposes and used subject to the terms of this Agreement.

  • Termination of Engagement (a) This Agreement shall terminate (i) immediately upon the death of Consultant, (ii) at the option of either party hereto without cause upon thirty (30) days advance written notice from the terminating party to the other party, or (iii) upon the termination of this Agreement by the Contractor for "cause." For the purposes of this Agreement, "cause" shall mean (i) any act by Consultant of fraud or dishonesty (whether or not against or involving the Contractor), (ii) Consultant's competing with the business of the Contractor either directly or indirectly, (iii) Consultant's breach of any material provision of this Agreement, (iv) Consultant's failure to devote his best efforts to his duties under this Agreement or to perform such duties diligently and efficiently and in accordance with the directions of the Contractor or to otherwise fulfill his obligations under this Agreement, (v) Consultant's failure to comply with the decisions or policies of the Contractor, (vi) any act of moral turpitude by Consultant or (vii) any other matter constituting "cause" under applicable law.

  • Termination of Agreement for Cause 5.1.1. If A/E breaches any of the covenants or conditions of this AGREEMENT, COUNTY shall have the right to terminate this AGREEMENT upon ten (10) days written notice prior to the effective day of termination. 5.1.2. A/E shall have the opportunity to cure the alleged breach prior to termination. 5.1.3. In the event the alleged breach is not cured by A/E prior to termination, all work performed by A/E pursuant to this AGREEMENT, which work has been reduced to plans or other documents, shall be made available to COUNTY.

  • Term; Termination of Agreement This Agreement shall continue in force for a period of one year from the date hereof, subject to an unlimited number of successive one-year renewals upon mutual consent of the parties. It is the duty of the Independent Directors to evaluate the performance of the Advisor annually before renewing the Agreement, and each such renewal shall be for a term of no more than one year.

  • Termination of Services 6.2. To promote a non-discriminatory work environment based on the principle of equality, employers and the trade union should adopt appropriate measures to ensure that employees with HIV and AIDS are not unfairly discriminated against and are protected from victimisation through positive measures such as: (i) preventing unfair discrimination and stigmatisation of people living with HIV or AIDS through the development of HIV/AIDS policies and programmes for the workplace; (ii) awareness, education and training on the rights of all persons with regard to HIV and AIDS; (iii) mechanisms to promote acceptance and openness around HIV/AIDS in the workplace; (iv) providing support for all employees infected or affected by HIV and AIDS; and (v) grievance procedures and disciplinary measures to deal with HIV-related complaints in the workplace. 7. HIV TESTING, CONFIDENTIALITY AND DISCLOSURE

  • BREACH; TERMINATION Customer/Project Sponsor may terminate this Agreement at any time in its sole discretion by providing notice to the Company not less than one hundred and eighty (180) days before such termination. In the event of breach of any material terms or conditions of this Agreement, if the breach has not been remedied within 30 days following receipt of written notice thereof from the other Party (provided that, if the breaching Party has commenced and is diligently pursuing efforts to cure such breach, then such 30-day period shall be extended until the earlier of (i) 30 additional days or (ii) end of diligent efforts to cure the breach), then the non-breaching party may terminate this Agreement by written notice at any time until cure of such breach occurs. In the event of any proceedings by or against either Party in bankruptcy, insolvency or for appointment of any receiver or trustee or any general assignment for the benefit of creditors (excluding, for the avoidance of doubt, an assignment in accordance with Article XI or other collateral assignment to obtain project financing), the other Party may terminate this Agreement. If the Customer/Project Sponsor increases the capability or the capacity of the Facility to exceed 4.999 MW, this Agreement shall immediately terminate. The Company shall not be liable to the Customer/Project Sponsor for damages resulting from a termination pursuant to this paragraph. If the Customer/Project Sponsor's generating equipment produces zero (0) kilowatt- hours during any period of twelve (12) consecutive Billing Periods after the Commercial Operation Date [Effective Date for existing resources] for a reason other than a force majeure event, the Company may terminate this Agreement.

  • Material Breach or Early Termination Section 9.1. EVENTS CONSTITUTING MATERIAL BREACH OF AGREEMENT. Applicant shall be in Material Breach of this Agreement if it commits one or more of the following acts or omissions: A. The Application, any Application Supplement, or any Application Amendment on which this Agreement is approved is determined to be inaccurate as to an material representation, information, or fact or is not complete as to any material fact or representation or such application; B. Applicant failed to have complete Qualified Investment as required by Section 2.5 of this Agreement; C. Applicant failed to create the number of Qualifying Jobs specified in Schedule C of the Application; D. Applicant failed to pay the average weekly wage of all jobs in the county in which District’s administrative office is located for all Non-Qualifying Jobs created by Applicant; E. Applicant failed to provide payments to District sufficient to protect the future District revenues through payment of revenue offsets and other mechanisms as more fully described in Article IV of this Agreement; F. Applicant failed to provide payments to the District that protect District from the payment of extraordinary education related expenses related to the project, as more fully specified in Article V of this Agreement; G. Applicant failed to provide such supplemental payments as more fully specified in Article VI of this Agreement; H. Applicant failed to create and Maintain Viable Presence on and/or with the qualified property as more fully specified in Article VIII of this Agreement; I. Applicant failed to submit the reports required to be submitted by Section 8.2 to the satisfaction of Comptroller on the dates indicated on the form; J. Applicant failed to provide the District or Comptroller with all information reasonably necessary for District or Comptroller determine whether Applicant is in compliance with its obligations, including, but not limited to, any employment obligations which may arise under this Agreement; K. Applicant failed to allow authorized employees of District, Comptroller, the Appraisal District, and/or the State Auditor’s Office to have access to Applicant’s Qualified Property and/or business records in order to inspect the project to determine compliance with the terms hereof or as necessary to properly appraise the Taxable Value of Applicant’s Qualified Property; L. Applicant failed to comply with a request by the State Auditor’s office to review and audit the Applicant’s compliance with the Agreement; M. Applicant has made any payments to the District or to any other person or persons in any form for the payment or transfer of money or any other thing of value in recognition of, anticipation of, or consideration for this Agreement for limitation on appraised value made pursuant to Chapter 313of the TEXAS TAX CODE, in excess of the amounts set forth in Articles IV, V and VI, of this Agreement; or N. Applicant fails either to: i. Implement a plan to remedy non-compliance as required by Comptroller pursuant to 34 TAC Section 9.1059; or ii. Pay a penalty assessed by Comptroller pursuant to 34 TAC Section 9.1059.

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