Waiver of Repayment Sample Clauses

Waiver of Repayment. Notwithstanding anything to the contrary contained above, if one or more Lenders holding C Facility Outstandings waives its right to receive all or any part of any Waivable Voluntary Repayment, but less than all the Lenders holding the respective C Facility Outstandings waive in full their right to receive 100 per cent. of the total payment otherwise required with respect to the respective C Facility Outstandings, then of the amount actually applied to the repayment of the respective C Facility Outstandings of Lenders which have waived in part, but not in full, their right to receive 100 per cent. of such repayment, such amount shall be applied to each C Facility Advance of the respective C Facility Outstandings on a pro rata basis (so that each Lender holding C Facility Outstandings shall, after giving effect to the application of the respective repayment, maintain the same percentage (as determined for such Lender, but not the same percentage as the other Lenders hold and not the same percentage held by such Lender prior to repayment) of each C Facility Advance which remains outstanding after giving effect to such application). For the avoidance of doubt any amount to be applied in accordance with this paragraph shall only apply to such portion (if any) of the C Facility Outstandings which such C Facility Lender has not waived.
AutoNDA by SimpleDocs
Waiver of Repayment. PNM hereby irrevocably waives any right to repayment of the following monies paid to the Secretary for the benefit of the Navajo Nation, together with all interest accrued thereon: a) during or about 1979, in the amount of Seventeen Thousand Four Hundred Sixty-Eight Dollars (($17,468.00), more or less, which PNM paid in connection with an extension of the term of the right-of-way for the 230 kV transmission line from Four Corners to Ambrosia Lake; b) during or about 1979, in the amount of Four Thousand Seven Hundred Nine Dollars ($4,709.00), more or less, which PNM paid in connection with an extension of the terms of the right-of-way for the Nine Mile Tap; c) on or about March 12, 1981, in the amount of Eight Hundred Eighty-Nine Thousand Five Hundred Twenty-Two Dollars ($889,522.00), more or less, which PNM paid in connection with certain right-of-way applications which PNM filed and subsequently withdrew; d) during or about 1987, in the amount of Eight Thousand One Hundred Thirty-Two Dollars and Fifty Cents ($8,132.50), more or less, which PNM paid in connection with the Four Corners-Ambrosia-Pajarito Transmission Project; e) on or about December 6, 1990, in the amount of Forty Thousand Two Hundred Forty-Two Dollars and Forty Cents ($40,242.40), more or less, which PNM paid in connection with its application for renewal of the Nine Mile Tap right-of-way; and f) on or about May 24, 1993, in the amount of Twenty-Two Thousand Five Hundred Sixty-Four Dollars ($22,564.00), more or less, which PNM paid as compensation for the second one-half of the fifty-year term of the right-of-way for the FW Line. PNM hereby assigns all such monies, together with all interest accrued thereon, to the Navajo Nation.
Waiver of Repayment. The Director, Office of Human Resources and Management, may waive, in whole or in part, an employee's debt if he or she determines that recovery would be against equity and good conscience or against the public interest. In making this determination, the Agency will take into account consistency, fairness, and the cost to the taxpayer of recovering monies owed to the government. Student loan repayment benefits will be automatically waived if the employee leaves the Federal service due to disability or a serious health condition (requires medical certification). If necessary, the medical certification will be reviewed by the FDA medical consultant. All waiver requests must be submitted from the Center Director to the Director, Office of Human Resources and Management Services. PROCEDURES FOR MAKING LOAN REPAYMENTS:

Related to Waiver of Repayment

  • Waiver of Prepayment Penalty Amounts Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Penalty Amount with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Penalty Amount at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Penalty Amount, the Servicer shall pay to the Trust Fund at such time (by deposit to the Custodial Account) an amount equal to the amount of the Prepayment Penalty Amount not collected; provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Penalty Amount under this Section 3.19 if the failure to collect such amount is the result of inaccurate or incomplete information in the Prepayment Penalty Amount Schedule provided by the Seller and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. The Prepayment Penalty Amounts listed on the Prepayment Penalty Amount Schedule attached hereto as Exhibit A are complete, true and accurate and may be relied on by the Servicer in its calculation of Prepayment Penalty Amounts. If the Prepayment Penalty Amount data set forth on Exhibit A is incorrect, then the Servicer shall have no liability for any loss resulting from calculation of Prepayment Penalty Amounts using the data provided. Notwithstanding the above, the Servicer or its designee may waive a Prepayment Penalty Amount without paying to the Trust Fund the amount of such Prepayment Penalty Amount only if such Prepayment Penalty Amount (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loan, and such waiver, in the reasonable judgment of the Servicer would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, or (ii) relates to a prepayment charge the collection of which, if collected, would be a violation of applicable laws.

  • Failure to Charge Not Subsequent Waiver Any decision by the Administrative Agent or any Lender not to require payment of any interest (including interest arising under Section 3.7), fee, cost or other amount payable under any Loan Document, or to calculate any amount payable by a particular method, on any occasion shall in no way limit or be deemed a waiver of the Administrative Agent’s or such Lender’s right to require full payment of any interest (including interest arising under Section 3.7), fee, cost or other amount payable under any Loan Document, or to calculate an amount payable by another method that is not inconsistent with this Agreement, on any other or subsequent occasion, except as provided in Sections 3.5 and 3.6.

  • Certificateholders May Not Bring Suit Except Under Certain Conditions A Certificateholder shall not have the right to institute any suit, action or proceeding at law or in equity or otherwise with respect to this Agreement, for the appointment of a receiver or for the enforcement of any other remedy under this Agreement, unless:

  • Waiver of Prepayment Penalties Except as provided below, the Servicer or any designee of the Servicer shall not waive any Prepayment Charge with respect to any Mortgage Loan. If the Servicer or its designee fails to collect a Prepayment Charge at the time of the related prepayment of any Mortgage Loan subject to such Prepayment Charge, the Servicer shall pay to the Trust Fund at such time (by deposit to the Trust Custodial Account) an amount equal to the amount of the Prepayment Charge not collected; provided, however, the Servicer shall not have any obligation to pay the amount of any uncollected Prepayment Charge under this Section 3.19 if the failure to collect such amount is the result of inaccurate or incomplete information on the Prepayment Charge Schedule provided by LBH and which is included as part of the Mortgage Loan Schedule attached hereto as Exhibit A. Notwithstanding the above, the Servicer or its designee may waive (and shall waive, in the case of (iii) below) a Prepayment Charge without paying to the Trust Fund the amount of such Prepayment Charge only if the related prepayment is not the result of a refinancing by the Servicer or its designee and such waiver (i) relates to a defaulted Mortgage Loan or a reasonably foreseeable default, such waiver is standard and customary in servicing similar mortgage loans to the Mortgage Loans, and such waiver, in the reasonable judgment of the Servicer, would maximize recovery of total proceeds from the Mortgage Loan, taking into account the amount of such Prepayment Charge and the related Mortgage Loan, (ii) relates to a prepayment charge the collection of which, in the reasonable judgment of the Servicer, would be a violation of applicable laws or (iii) notwithstanding any state or federal law to the contrary, any Prepayment Charge in any instance when a Mortgage Loan is in foreclosure.

  • Amendment; Waiver of Past Defaults (a) This Agreement may be amended from time to time by the Servicer, the Transferor, the Administrator and the Issuer, by a written instrument signed by each of them, without the consent of the Indenture Trustee, any Collateral Agent or any of the Noteholders; provided that (i) each Transferor shall have delivered to the Indenture Trustee and the Owner Trustee an Officer's Certificate, dated the date of any such amendment, stating that such Transferor reasonably believes that such amendment will not have an Adverse Effect and (ii) the Note Rating Agency Condition shall have been satisfied. Additionally, notwithstanding the preceding sentence, this Agreement will be amended by the Servicer, the Administrator and the Issuer at the direction of the Transferor without the consent of the Indenture Trustee or any of the Noteholders to add, modify or eliminate such provisions as may be necessary or advisable in order to enable all or a portion of the Trust (i) to qualify as, and to permit an election to be made to cause the Trust to be treated as, a "financial asset securitization investment trust" as described in the provisions of Section 860L of the Internal Revenue Code, and (ii) to avoid the imposition of state or local income or franchise taxes imposed on the Trust's property or its income; provided, however, that (i) each Transferor delivers to the Indenture Trustee, the Owner Trustee and the applicable Collateral Agent an Officer's Certificate to the effect that the proposed amendments meet the requirements set forth in this subsection and (ii) such amendment does not affect the rights, duties, benefits, protections, privileges or immunities of the Indenture Trustee, the Owner Trustee (as such or in its individual capacity) or the applicable Collateral Agent hereunder. This Agreement may also be amended from time to time by the Servicer, the Transferor, the Administrator and the Issuer by a written instrument signed by each of them, without the consent of the Indenture Trustee or any of the Noteholders and without satisfaction of the Note Rating Agency Condition to add, modify or eliminate such provisions as may be necessary to satisfy accounting requirements under SFAS 140 and any related or successor accounting interpretations or requirements hereto for off-balance sheet treatment for the Collateral of the Issuer. Any amendments regarding the addition to or removal of Collateral Certificates or Receivables from the Trust as provided in Sections 2.12 and 2.13, executed in accordance with the provisions hereof, shall not be considered amendments to this Agreement for the purpose of subsections 12.01(a) and (b).

  • Termination and Waiver of Rights of First Refusal The rights of first refusal established by this Section 4 shall not apply to, and shall terminate upon the earlier of (i) the effective date of the registration statement pertaining to the Company’s Initial Offering or (ii) an Acquisition. Notwithstanding Section 5.5 hereof, the rights of first refusal established by this Section 4 may be amended, or any provision waived with and only with the written consent of the Company and the Major Investors holding a majority of the Registrable Securities held by all Major Investors, or as permitted by Section 5.5.

  • Termination; Repayment The Revolving Line terminates on the Revolving Line Maturity Date, when the principal amount of all Advances, the unpaid interest thereon, and all other Obligations relating to the Revolving Line shall be immediately due and payable.

Time is Money Join Law Insider Premium to draft better contracts faster.