Excess Contract definition

Excess Contract as of any date of determination, means each Contract selected by the Servicer in accordance with Section 11.01 at such time as there shall have been discovered a breach of any of the representations and warranties set forth in Section 3.05, the removal of which pursuant to Section 11.01 and the Originator's repurchase thereof or substitution of a Substitute Contract therefor pursuant to Section 11.01, shall remedy such breach.
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Excess Contract as of any date of determination, means each Contract selected by the Servicer in accordance with Section 7.06 at such time as there shall have been discovered a breach of any of the representations and warranties set forth in Section 3.05 of the Transfer and Sale Agreement, the removal of which pursuant to Section 7.06 hereof and the Seller's repurchase thereof or substitution of a Subsequent Contract therefor pursuant to Section 5.01 of the Transfer and Sale Agreement, shall remedy such breach.
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Excess Contract as such term is defined in the definition of the term “Borrowing Base”.
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Examples of Excess Contract in a sentence

  • See Excess Contract Debt on page 19 for another way the contract may end.

  • In the case of a Delayed Delivery Offering, the commission payable by the issuer in respect of any Contract Securities allocated to you pursuant to the last paragraph of Section 5 hereof shall be credited (after deducting any commissions paid by the Representatives to any Selected Dealer for services rendered in respect of such Contract Securities) to your account and, in addition, you shall be treated as a Selected Dealer in respect of your Excess Contract Securities, if any.

  • For bonds executed on or after Feb- ruary 17, 2009 and before October 1, 2010, SBA is relieved of liability in whole or in part within its discretion under those circumstances, except that SBA shall not deny liability on Prior Approval bonds executed during such timeframe based solely upon material information that was provided as part of the guarantee application.(a) Excess Contract or bond amount.

  • The Trust will disburse to the Sponsor Excess Contract Interest and other excess cash with respect to such transfers, and the obligation of the Sponsor to transfer such Additional Receivables is limited by the amount of the Excess Contract Interest and other excess cash available.

  • Such distribution shall be made on or before the first April 15 following the close of the taxable year in which the Excess Contract Contribution Amount was created.

  • XXIV(A).) Thus, the First Excess Contract contains a choice of laws provision but no forum selection clause, and the Second Excess Contract contains a forum selection clause but no choice of laws provision.

  • To the extent that the quantity of Contract Goods purchased from the Mill for use at the Plant is less than the quantity of Contract Goods that would be required to satisfy the Daily Plant Capacity (the amount of such difference being referred to herein as the "Excess Contract Goods"), NWP agrees to purchase from Millxx, xxd Millxx xxxees to sell to NWP, such Excess Contract Goods for use by NWP at NWP's Lebanon Plant.

  • Sponsor Excess Contract Interest and other excess cash with respect to such transfers, and the obligation of the Sponsor to transfer such Additional Receivables is limited by the amount of the Excess Contract Interest and other excess cash available.

  • Excess Contract Debt.--If contract debt ever becomes equal to or more than the cash value, all the contract's benefits will end 61 days after we mail a notice to you and any assignee of whom we know.

  • XXIV(E).) Also important in this dispute, the Second Excess Contract states that “any dispute arising out of this Contract shall be submitted to the decision of a board of arbitration composed of two arbitrators and an umpire, meeting in Atlanta, Georgia, unless otherwise agreed.” (Second Excess Contract [1-2] at Art.

Related to Excess Contract

  • Storage Contract means the contract described in paragraph 8.3.3 of the Conditions of Business or paragraph

  • distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

  • Excess Fraud Loss Any Fraud Loss, or portion thereof, which exceeds the then applicable Fraud Loss Amount.

  • Excess Concentration means, without duplication, the sum of the following amounts:

  • Excess Contribution With respect to any Plan Year, the excess of: (a) the aggregate amount of Employer contributions actually taken into account in computing the ADP of Highly Compensated Employees for such Plan Year, over (b) the maximum amount of such contributions permitted by the ADP Test (determined by hypothetically reducing contributions made on behalf of Highly Compensated Employees in order of the ADPs, beginning with the highest of such percentages).

  • Excess emissions - means an emission rate that exceeds any applicable emission limitation or standard allowed by any rule in Sections .0500, .0900, .1200, or .1400 of Subchapter 02D; or by a permit condition; or that exceeds an emission limit established in a permit issued under 15A NCAC 02Q .0700. (Note: Definitions of excess emissions under 02D .1110 and 02D .1111 shall apply where defined by rule.)

  • Contract Item or “Contract Items” means the list of items identified in Section

  • Customer Contract means a Contract (or group of related Contracts) pursuant to which any Group Company, after giving effect to the Pre-Closing Business Transfers, licenses or otherwise provides products and services to customers of the Business.

  • Excess Bankruptcy Loss Any Bankruptcy Loss, or portion thereof, which exceeds the then applicable Bankruptcy Amount.

  • Excess Loss The amount of any (i) Fraud Loss realized after the Fraud Loss Coverage Termination Date, (ii) Special Hazard Loss realized after the Special Hazard Coverage Termination Date or (iii) Bankruptcy Loss realized after the Bankruptcy Coverage Termination Date.

  • Excess Concentration Amount means, as of any date of determination on which any one or more of the Concentration Limitations are exceeded, an amount (calculated by the Servicer and without duplication) equal to the Dollar Equivalent of the portion of the Adjusted Principal Balance of each Eligible Collateral Loan that causes such Concentration Limitation to be exceeded.

  • Applicable Contract any Contract (a) under which the Company has or may acquire any rights, (b) under which the Company has or may become subject to any obligation or liability, or (c) by which the Company or any of the assets owned or used by it is or may become bound.

  • Key Sub-Contract means each Sub-Contract with a Key Sub-Contractor;

  • CFD Contract or "CFD" shall mean a contract which is a contract for difference by reference to fluctuations in the price of the relevant security or index;

  • sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object. Conformity

  • Deposit-type contract means contracts that do not incorporate mortality or morbidity risks and as may be specified in the valuation manual.

  • Service Contract means, with respect to a Financed Vehicle, the agreement, if any, financed under the related Receivable that provides for the repair of such Financed Vehicle.

  • EPC Contract means the Seller’s engineering, procurement and construction contract with the EPC Contractor.

  • Prospective state contractor means a person, business entity or nonprofit organization that (i) submits a response to a state contract solicitation by the state, a state agency or a quasi-public agency, or a proposal in response to a request for proposals by the state, a state agency or a quasi-public agency, until the contract has been entered into, or (ii) holds a valid prequalification certificate issued by the Commissioner of Administrative Services under section 4a-100. "Prospective state contractor" does not include a municipality or any other political subdivision of the state, including any entities or associations duly created by the municipality or political subdivision exclusively amongst themselves to further any purpose authorized by statute or charter, or an employee in the executive or legislative branch of state government or a quasi-public agency, whether in the classified or unclassified service and full or part-time, and only in such person's capacity as a state or quasi-public agency employee.

  • Guaranteed energy savings contract means a contract that includes all of the following:

  • Prospective contractor means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract.

  • Principal of a state contractor or prospective state contractor means (i) any individual who is a member of the board of directors of, or has an ownership interest of five per cent or more in, a state contractor or prospective state contractor, which is a business entity, except for an individual who is a member of the board of directors of a nonprofit organization, (ii) an individual who is employed by a state contractor or prospective state contractor, which is a business entity, as president, treasurer or executive vice president, (iii) an individual who is the chief executive officer of a state contractor or prospective state contractor, which is not a business entity, or if a state contractor or prospective state contractor has no such officer, then the officer who duly possesses comparable powers and duties, (iv) an officer or an employee of any state contractor or prospective state contractor who has managerial or discretionary responsibilities with respect to a state contract, (v) the spouse or a dependent child who is eighteen years of age or older of an individual described in this subparagraph, or (vi) a political committee established or controlled by an individual described in this subparagraph or the business entity or nonprofit organization that is the state contractor or prospective state contractor.

  • Provider contract means any contract between a provider and a carrier (or a carrier's network,

  • Master Contract means the CATS Master Contract between the Maryland Department of Budget and Management andTO Contractor dated December 19, 2005.

  • Enrollee point-of-service cost-sharing or "cost-sharing" means amounts paid to health carriers directly providing services, health care providers, or health care facilities by enrollees and may include copayments, coinsurance, or deductibles.

  • works contract means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract;