Yield Protection 62 Sample Clauses

Yield Protection 62. 3.2. Changes in Capital Adequacy Regulations 63 TABLE OF CONTENTS (continued) Page 3.3. Availability of Types of Advances; Adequacy of Interest Rate 64 3.4. Funding Indemnification 66 3.5. Taxes 66 3.6. Selection of Lending Installation; Mitigation Obligations; Lender Statements; Survival of Indemnity 70 3.7. Illegality 71 ARTICLE IV CONDITIONS PRECEDENT 72 4.1. Initial Credit Extension 72 4.2. Each Credit Extension 74 4.3. Each 364-Day Revolving Loan 74 ARTICLE V REPRESENTATIONS AND WARRANTIES 75 5.1. Litigation and Proceeds 75 5.2. Other Agreements 75 5.3. Licenses, Patents, Copyrights, Trademarks and Trade Names 75 5.4. Liens 75 5.5. Location of Assets; Chief Executive Office 75 5.6. Tax Liabilities 75 5.7. Indebtedness 76 5.8. Affiliates 76 5.9. Environmental Matters 76 5.10. Existence 76 5.11. Authority 77 5.12. Binding Effect 77 5.13. Correctness of Financial Statements 77 5.14. Employee Controversies 77 5.15. Ownership of Properties 77 5.16. Compliance with Laws and Regulations 77 5.17. Solvency 77 5.18. ERISA 78 5.19. Margin Regulations 78 5.20. Investment Company Act Not Applicable 78 5.21. Full Disclosure 78 5.22. Intellectual Property 78 5.23. Survival of Warranties 78 5.24. No Material Adverse Effect; No Default or Event of Default 79 5.25. Anti-Corruption Laws; Sanctions 79 5.26. Affected Financial Institution 79 5.27. Plan Assets; Prohibited Transactions 79 TABLE OF CONTENTS (continued) Page ARTICLE VI COVENANTS 79 6.1. Financial Reporting and Other Information 79 6.2. Conduct of Business 82 6.3. Insurance 82 6.4. Financial Covenants 82 6.5. Employee Plans 83 6.6. Notice of Suit, Adverse Change in Business or Default 83 6.7. Use of Proceeds 83 6.8. Books and Records; Inspection 83 6.9. Sanctions; Anti-Money Laundering Compliance 84 6.10. Liens 84 6.11. Merger 85 6.12. Secured Indebtedness 85 6.13. Guarantees and Other Contingent Obligations 86 6.14. Disposition of Property 86 6.15. Restricted Payments 86 6.16. Affiliates 87 6.17. Investments 87 6.18. Further Assurances 87 6.19. Farm Credit Equity 88 6.20. Swaps 89 ARTICLE VII DEFAULTS 89 ARTICLE VIII ACCELERATION, WAIVERS, AMENDMENTS AND REMEDIES 91 8.1. Acceleration; Remedies 91 8.2. Application of Funds 93 8.3. Amendments 94
Sample 1
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Related to Yield Protection 62

  • Yield Protection If, on or after the date of this Agreement, the adoption of any law or any governmental or quasi-governmental rule, regulation, policy, guideline or directive (whether or not having the force of law), or any change in the interpretation or administration thereof by any governmental or quasi-governmental authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any Lender or applicable Lending Installation with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency:

  • Yield Protection Etc 60 Section 4.1. Additional Costs; Capital Adequacy. 60 Section 4.2. Suspension of LIBOR Loans. 62 Section 4.3. Illegality. 63 Section 4.4. Compensation. 63 Section 4.5. Treatment of Affected Loans. 64 Section 4.6. Affected Lenders. 64 Section 4.7. Change of Lending Office. 65 Section 4.8. Assumptions Concerning Funding of LIBOR Loans. 65 i Article V. Conditions Precedent 65 Section 5.1. Initial Conditions Precedent. 65 Section 5.2. Conditions Precedent to All Loans and Letters of Credit. 67 Article VI. Representations and Warranties 68

  • Yield Protection and Illegality 49 Section 4.1

  • Yield Protection Taxes 48 3.1. Yield Protection 48 3.2. Changes in Capital Adequacy Regulations 49 3.3. Availability of Types of Advances; Adequacy of Interest Rate 49 3.4. Funding Indemnification 49 3.5. Taxes 50 3.6. Selection of Lending Installation; Mitigation Obligations; Lender Statements; Survival of Indemnity 53 3.7. Cutoff 54

  • Taxes Yield Protection and Illegality 3.01 Taxes.

  • Maintenance of Hazard Insurance; Property Protection Expenses The Servicer shall cause to be maintained for each Mortgage Loan hazard insurance naming the Servicer or related Subservicer as loss payee thereunder providing extended coverage in an amount which is at least equal to the lesser of (i) the maximum insurable value of the improvements securing such Mortgage Loan from time to time or (ii) the combined principal balance owing on such Mortgage Loan and any mortgage loan senior to such Mortgage Loan from time to time. The Servicer shall also cause to be maintained on property acquired upon foreclosure, or deed in lieu of foreclosure, of any Mortgage Loan, fire insurance with extended coverage in an amount which is at least equal to the amount necessary to avoid the application of any co-insurance clause contained in the related hazard insurance policy. Amounts collected by the Servicer under any such policies (other than amounts to be applied to the restoration or repair of the related Mortgaged Property or property thus acquired or amounts released to the Mortgagor in accordance with the Servicer's normal servicing procedures) shall be deposited in the Collection Account to the extent called for by Section 3.02. In cases in which any Mortgaged Property is located at any time during the life of a Mortgage Loan in a federally designated flood area, the hazard insurance to be maintained for the related Mortgage Loan shall include flood insurance (to the extent available). All such flood insurance shall be in amounts equal to the lesser of (i) the amount required to compensate for any loss or damage to the Mortgaged Property on a replacement cost basis and (ii) the maximum amount of such insurance available for the related Mortgaged Property under the national flood insurance program (assuming that the area in which such Mortgaged Property is located is participating in such program). The Servicer shall be under no obligation to require that any Mortgagor maintain earthquake or other additional insurance and shall be under no obligation itself to maintain any such additional insurance on property acquired in respect of a Mortgage Loan, other than pursuant to such applicable laws and regulations as shall at any time be in force and as shall require such additional insurance. If the Servicer shall obtain and maintain a blanket policy consistent with its general mortgage servicing activities insuring against hazard losses on all of the Mortgage Loans, it shall conclusively be deemed to have satisfied its obligations as set forth in the first sentence of this Section 3.04, it being understood and agreed that such policy may contain a deductible clause, in which case the Servicer shall, in the event that there shall not have been maintained on the related Mortgaged Property a policy complying with the first sentence of this Section 3.04 and there shall have been a loss which would have been covered by such policy, deposit in the Collection Account the amount not otherwise payable under the blanket policy because of such deductible clause. Any such deposit by the Servicer shall be made on the last Business Day of the Collection Period in the month in which payments under any such policy would have been deposited in the Collection Account. In connection with its activities as administrator and servicer of the Mortgage Loans, the Servicer agrees to present, on behalf of itself, the Company, the Issuer, the Indenture Trustee and the Securityholders, claims under any such blanket policy.

  • Interest Rate Determination and Protection (a) The Eurodollar Rate for each Interest Period for Eurodollar Rate Loans shall be determined by the Administrative Agent two (2) Business Days before the first day of such Interest Period.

  • Computation of Interest, Fees, Yield Protection All interest, as well as fees and other charges calculated on a per annum basis, shall be computed for the actual days elapsed, based on a year of 360 days. Each determination by Agent of any interest, fees or interest rate hereunder shall be final, conclusive and binding for all purposes, absent manifest error. All fees shall be fully earned when due and shall not be subject to rebate, refund or proration. All fees payable under Section 3.2 are compensation for services and are not, and shall not be deemed to be, interest or any other charge for the use, forbearance or detention of money. A certificate as to amounts payable by Borrowers under Section 3.4, 3.6, 3.7, 3.9 or 5.9, submitted to Borrower Agent by Agent or the affected Lender, as applicable, shall be final, conclusive and binding for all purposes, absent manifest error, and Borrowers shall pay such amounts to the appropriate party within 10 days following receipt of the certificate.

  • Mortgage Protection Lessee agrees to give any mortgages and/or trust deed holders, as to all or a potion of the Premises, by registered mail, a copy of any notice of default served upon Lessor, provided that prior to such notice Lessee has been notified in writing (by way of notice or assignment of rents and leases, or otherwise) of the addresses of such mortgages and/or trust deed holders. Lessee agrees not to exercise any remedies available by virtue of a default unless Lessor shall have failed to cure such default within thirty (30) days after receipt of notice of default or such additional time as may be reasonably necessary to cure the default in the case of a default incapable of being cured within thirty (30) days. Lessee further agrees that the mortgages and/or trust deed holder shall have an additional thirty (30) days within which to cure such default, or if such default cannot be cured within that time, then such additional time as may be necessary if within such thirty (30) days any mortgagee and/or trust deed holder has commenced and is diligently pursuing the remedies necessary to cure such default (including but not limited to commencement of foreclosure proceedings if necessary to effect such cure), in which event such right, if any, as Lessee might otherwise have to terminate the Lease shall not be exercised while such remedies are being so diligently pursued.

  • Collateral Protection Expenses Preservation of Collateral (a) If an Event of Default shall have occurred and be continuing, the Agent may discharge taxes and other encumbrances at any time levied or placed on any of the Collateral, make repairs thereto and pay any necessary filing fees. Each Grantor agrees to reimburse the Agent on demand for any and all expenditures so made. The Agent shall have no obligation to any Grantor to make any such expenditures, nor shall the making thereof relieve any Grantor of any default.

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