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Determination Party definition

Determination PartyMidland Loan Services, Inc., or a second party that would qualify as a successor Special Servicer mutually agreeable to the Special Servicer, the Controlling Class Representative and the applicable Mortgage Loan Seller, or any successor in interest thereto; provided that (a) each such party is on the list of approved special servicers by Moody's and Fitch and on S&P's Select Servicer List as a U.S. Commercxxx Xxxtgage Special Servicer or (b) each Rating Agency has confirmed in writing that contracting with such Determination Party would not result in a downgrade, qualification or withdrawal of the then current rating assigned to any of the Certificates that are then currently rated by such Rating Agency.
Determination PartyMidland Loan Services, Inc. or a second party that would qualify as a successor Special Servicer mutually agreeable to the Special Servicer, the Controlling Class Representative and the applicable Mortgage Loan Seller, or any successor in interest thereto; provided that (a) each such party is on the list of approved special servicers by Moody's or (b) each Rating Agency has confirmed in writing that contracting with such Determination Party would not result in a downgrade, qualification or withdrawal of the then current rating assigned to any of the Certificates that are then currently rated by such Rating Agency.
Determination Party. Either Midland Loan Services, Inc. or GMAC Commercial Mortgage Corporation, or any successor in interest thereto; provided that (a) each such party is on the list of approved special servicers by S&P or (b) each Rating Agency has confirmed in writing that contracting with such Determination Party would not result in a downgrade, qualification or withdrawal of the then current rating assigned to any of the Certificates that are then currently being rated by such Rating Agency.

Examples of Determination Party in a sentence

  • If the Seller does not consent to such sale, the Special Servicer shall contract with a Determination Party (as defined in the Pooling and Servicing Agreement) as to the merits of such proposed sale.

  • If the related Determination Party determines that the sale of the related Defaulted Mortgage Loan or REO Property is not in accordance with the Servicing Standards and the provisions of the Pooling and Servicing Agreement with respect to the sale of Defaulted Mortgage Loans and REO Properties and the Special Servicer subsequently sells such Mortgage Loan or REO Property, then the Seller will not be liable for any such difference (nor any cost of contracting with the Determination Party).

  • If the related Determination Party determines that the sale of the related Defaulted Mortgage Loan or REO Property is not in accordance with the Servicing Standard and the provisions of the Pooling and Servicing Agreement with respect to the sale of Defaulted Mortgage Loans and REO Properties and the Special Servicer subsequently sells such Mortgage Loan or REO Property, then the Seller will not be liable for any such difference (nor any cost of contracting with the Determination Party).

  • If the Seller does not consent to such sale, the Special Servicer shall contract with a Determination Party (as defined in the Pooling and Servicing Agreement).

  • If the related Determination Party determines that the sale of the related Defaulted Mortgage Loan or REO Property is not in accordance with the Servicing Standard and the provision of this Agreement with respect to the sale of Defaulted Mortgage Loans or REO Properties and the Special Servicer subsequently sells such Mortgage Loan or REO Property, then the related Mortgage Loan Seller shall not be liable for any such difference (nor any cost of contracting with the Determination Party).

  • In the event that (a) the Special Servicer ignores the determination of the Determination Party and sells the related Defaulted Mortgage Loan or REO Property and/or (b) a court of competent jurisdiction determines that the related Mortgage Loan Seller is not obligated to repurchase the related Defaulted Mortgage or REO Property, the costs of contracting with the Determination Party will constitute an Additional Trust Fund Expense.

  • No. Each beneficiary in a proposal selected for funding will be funded by the Funding Organisation of their own country/region.Applicants must comply with their respective national/regional rules and eligibility criteria of their respective Funding Organisations.Applicants are encouraged to read carefully the National/Regional Funding Regulations (Appendix IV of the Call Text).

  • If the related Determination Party determines that the sale of the related Defaulted Mortgage Loan or REO Property is not in accordance with the Servicing Standards and the provisions of the Pooling and Servicing Agreement with respect to the sale of Defaulted Mortgage Loans and REO Properties and the Special Servicer subsequently sells such Mortgage Loan or REO Property, then such Seller will not be liable for any such difference (nor any cost of contracting with the Determination Party).

  • If such Seller does not consent to such sale, the Special Servicer shall contract with a Determination Party (as defined in the Pooling and Servicing Agreement) as to the merits of such proposed sale.

  • Etsy will bear any costs or Expenses that the Indemnitee incurs in cooperating with the Determination Party.


More Definitions of Determination Party

Determination Party means the party selected in accordance with Section 10(a) of this Agreement to make the determination as to whether the Indemnitee is entitled to indemnification under this Agreement.
Determination Party. [__________], or a second party that would qualify as a successor Special Servicer mutually agreeable to the Special Servicer, the Controlling Class Representative and the applicable Mortgage Loan Seller, or any successor in interest thereto; provided that (a) [each such party is on the list of approved special servicers by Moody’s and on S&P’s Select Servicer List as a U.S. Commercial Mortgage Special Servicer] or (b) each Rating Agency has confirmed in writing that contracting with such Determination Party would not result in a downgrade, qualification or withdrawal of the then current rating assigned to any of the Certificates that are then currently rated by such Rating Agency.

Related to Determination Party

  • Determination means the written documentation of a decision of a procurement officer including findings of fact required to support a decision. A determination becomes part of the procurement file to which it pertains.

  • Certification Party As defined in Section 11.05.

  • Determination Agent means Calculation Agent Services LLC and any successor or replacement thereto or any other entity appointed as determination agent in accordance with the terms of the Determination Agency Agreement.

  • Independent Valuation Provider means any of Xxxxxxx & Marsal, Xxxxxxxx Xxxxx Xxxxxx & Xxxxx Capital, Inc., Duff & Xxxxxx LLC, Xxxxxx, Xxxxxx and Company, Lincoln Partners Advisors, LLC, Xxxxx Xxxxxx Xxxx, LLC and Valuation Research Corporation and Xxxxx, or any other Independent nationally recognized third-party appraisal firm selected by the Administrative Agent, and reasonably acceptable to the Borrower.

  • Determination Period means the period from and including a Determination Date in any year to but excluding the next Determination Date; and

  • Determination Notice is defined in Section 6.1(b)(i) of the Agreement.

  • Auction Party has the meaning set forth in the definition of “Dutch Auction”.

  • Determination Year means the Plan Year for which testing is being performed, and the “look-back year” means the immediately preceding twelve (12) month period.

  • Mediation party means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.

  • Final Determination Date means the following:

  • Administrative merits determination means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

  • Determination Date With respect to any Distribution Date, the 15th day of the month of such Distribution Date or, if such 15th day is not a Business Day, the immediately preceding Business Day.

  • Independent provider means a self-employed person who provides services for which he or she must be certified in accordance with rule 5123:2-2-01 of the Administrative Code and does not employ, either directly or through contract, anyone else to provide the services.

  • Final Determination means a determination within the meaning of Section 1313 of the Code or any similar provision of state or local Tax Law.

  • Eligibility Determination means an approval or denial of eligibility and a renewal or termination of eligibility as set forth in OAR 410-200-0015;¶

  • Certification Parties As defined in Section 11.09.

  • Child custody determination means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.

  • Determination Time means 11:59 p.m. Central time on the day prior to the Closing Date.

  • Affected Person means a SEF applicant whose admission application is declined or is conditioned or a Person whose status as a Participant is terminated as set forth in Rule 303(e).

  • Claim Determination Period means a calendar year. However, it does not include any part of a year during which a person has no coverage under This Plan, or any part of a year before the date this COB provision or a similar provision takes effect.

  • Transaction Party means the Company and each Guarantor, collectively, “Transaction Parties”.

  • Attribution Parties means, collectively, the following Persons and entities: (i) any investment vehicle, including, any funds, feeder funds or managed accounts, currently, or from time to time after the Issuance Date, directly or indirectly managed or advised by the Holder’s investment manager or any of its Affiliates or principals, (ii) any direct or indirect Affiliates of the Holder or any of the foregoing, (iii) any Person acting or who could be deemed to be acting as a Group together with the Holder or any of the foregoing and (iv) any other Persons whose beneficial ownership of the Company’s Common Stock would or could be aggregated with the Holder’s and the other Attribution Parties for purposes of Section 13(d) of the 1934 Act. For clarity, the purpose of the foregoing is to subject collectively the Holder and all other Attribution Parties to the Maximum Percentage.

  • Independent Valuer means Massarsky Consulting, Inc., appointed by the Board to independently value the Company’s Catalogues within the Portfolio;

  • Adverse Benefit Determination means any of the following:

  • Expert Determination has the meaning given to it in Clause 18.3(a) (Expert Determination).

  • Non-Participating Durable Medical Equipment Provider means a Durable Medical Equipment Provider who does not have a written agreement with the Claim Administrator or another Blue Cross and/or Blue Shield Plan to provide services to you at the time services are rendered.