Default Exception definition

Default Exception has the meaning specified in Section 4.1(d) hereof.
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Default Exception shall have the meaning set forth in Section 2.5(f).
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Default Exception. Any Loan for which a default exists as a result of any bankruptcy, insolvency or receivership proceeding being initiated against the related obligor or, in the case of a B Note, Participation or Rake Bond the underlying obligor with respect to the underlying mortgage loan, (i) the obligor is current on all payments of interest and principal pursuant to such Loan in accordance with a previously confirmed bankruptcy plan, (ii) an order issued by a court of appropriate jurisdiction in such proceeding has approved all prior payments, all current payments and all scheduled future payments under the terms of such Whole Loan or Mezzanine Loan, or with respect to a Participation, B Note or Rake Bond, the Underlying Term Loan and (iii) the Collateral Manager receives an “Appraisal” (as defined in the related Underlying Instrument) conducted since the initiation of the proceeding indicating that the fair market value of the underlying mortgaged property is not less than 125% of the outstanding balance of the Whole Loan, or in the case of a Participation, B Note, Rake Bond or Mezzanine Loan, not less than 125% of the outstanding balance of the related mortgage loan and any related mezzanine loan; provided that such Loans to which such exception shall apply shall not individually exceed 5% of the Collateral Interests or in the aggregate 10% of the Collateral Interests as of the date of determination.
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Examples of Default Exception in a sentence

  • Employee will be employed under this Agreement for a term beginning on May , 1997 (the "Effective Date") and ending on May , 2001, unless Employee's employment is terminated earlier pursuant to Section 7 or extended at Employee's election for any period during which a Default Exception is in effect.

  • The last Earn-Out Period shall be extended for any period during which the Default Exception is in effect.

Related to Default Exception

  • Default Excess means, with respect to any Defaulting Lender, the excess, if any, of such Defaulting Lender’s Pro Rata Share of the aggregate outstanding principal amount of Loans of all Lenders (calculated as if all Defaulting Lenders (other than such Defaulting Lender) had funded all of their respective Defaulted Loans) over the aggregate outstanding principal amount of all Loans of such Defaulting Lender.

  • default value means a value derived from a typical value by the application of pre-determined factors and that may, in circumstances specified in this Directive, be used in place of an actual value;’;

  • Modification Default Loss means the loss calculated in Exhibits 2a(1)-(3) for single family loans previously modified pursuant to this Single Family Shared-Loss Agreement that subsequently default and result in a foreclosure, short sale or Deficient Loss.

  • default fund means a default fund held by a CCP in accordance with Article 42 of Regulation (EU) No 648/2012;

  • Note Event of Default means any “Event of Default” specified in Section 5.1 of the Indenture.

  • Bankruptcy Default has the meaning assigned to such term in Section 6.01.

  • Owner Event of Default shall have the meaning set forth in Section 12.3 hereof

  • Default Event means an event or circumstance which leads Operator to determine that a Venue User is or appears to be unable or likely to become unable to meet its obligations in respect of an Order or Transaction or to comply with any other obligation under an Agreement or Applicable Law.

  • Servicing Default The meaning assigned in Section 6.01 of the Servicing Agreement.

  • Bankruptcy Event of Default means any Event of Default under Section 8.01(f) of the Credit Agreement.

  • Default Loan shall have the meaning provided in Section 5.2(b)(1).

  • Servicer Event of Default wherever used herein, means any one of the following events:

  • Potential Defaulting Lender means, at any time, (i) any Lender with respect to which an event of the kind referred to in the definition of “Lender Insolvency Event” has occurred and is continuing in respect of any Subsidiary of such Lender, or (ii) any Lender that has notified, or whose Lender Parent or a Subsidiary thereof has notified, the Administrative Agent, the Borrower or any LC Issuing Bank in writing, or has stated publicly, that it does not intend to comply with its funding obligations generally under other loan agreements, credit agreements and other similar agreements, unless such writing or statement states that such position is based on such Lender’s determination that one or more conditions precedent to funding cannot be satisfied (which conditions precedent, together with the applicable default, if any, will be specifically identified in such writing or public statement). Any determination by the Administrative Agent that a Lender is a Potential Defaulting Lender under any of clauses (i) and (ii) above will be conclusive and binding absent manifest error, and such Lender will be deemed a Potential Defaulting Lender (subject to Section 2.19(f) hereof) upon notification of such determination by the Administrative Agent to the Borrower, the LC Issuing Banks and the Lenders.

  • Default Right has the meaning assigned to that term in, and shall be interpreted in accordance with, 12 C.F.R. §§ 252.81, 47.2 or 382.1, as applicable.

  • Seller Default has the meaning set forth in Section 11.2.

  • Loan Default means an event, which with the giving of notice or lapse of time or both, would become a Loan Event of Default.

  • Mortgage Loan Event of Default means an “Event of Default” under and as defined in the Mortgage Loan Agreement.

  • Indenture Event of Default means an "Event of Default" as defined in the Indenture.

  • Lease Event of Default shall have the meaning specified in Section 17.1 of the Lease.

  • Master Servicer Event of Default wherever used herein, means any one of the following events:

  • Debenture Event of Default means an "Event of Default" as defined in the Indenture.

  • Lender Default means (i) the refusal (which may be given verbally or in writing and has not been retracted) or failure of any Lender to make available its portion of any incurrence of revolving loans or reimbursement obligations required to be made by it, which refusal or failure is not cured within two Business Days after the date of such refusal or failure; (ii) the failure of any Lender to pay over to the Administrative Agent, any L/C Issuer or any other Lender any other amount required to be paid by it hereunder within two Business Days of the date when due, unless subject to a good faith dispute; (iii) a Lender has notified the Borrower or the Administrative Agent that it does not intend to comply with its funding obligations, or has made a public statement to that effect with respect to its funding obligations, under the Revolving Credit Facility or under other agreements generally in which it commits to extend credit; (iv) a Lender has failed, within three Business Days after request by the Administrative Agent, to confirm that it will comply with its funding obligations under the Revolving Credit Facility; or (v) a Lender has admitted in writing that it is insolvent or such Lender becomes subject to a Lender-Related Distress Event or a Bail-In Action. Any determination by the Administrative Agent that a Lender Default has occurred under any one or more of clauses (i) through (v) above shall be conclusive and binding absent manifest error, and the applicable Lender shall be deemed to be a Defaulting Lender (subject to Section 2.17(b)) upon delivery of written notice of such determination to the Borrower, each L/C Issuer, each Swing Line Lender and each Lender.

  • Subordination Deficiency With respect to any Distribution Date, the excess, if any, of (a) the Specified Subordinated Amount applicable to such Distribution Date over (b) the Subordinated Amount applicable to such Distribution Date.

  • Swap Default Any of the circumstances constituting an “Event of Default” under the Swap Agreement.

  • Preliminary Default Notice shall have the meaning ascribed thereto in Article 13 of this Agreement;

  • Purchaser Default has the meaning set forth in Section 12.2 (a).