Foreclosure Remedy definition

Foreclosure Remedy shall have the meaning specified in Sections 5.05(a)(iii) and (iv).
Sample 1Sample 2Sample 3
Foreclosure Remedy shall have the meaning specified in the Indenture.
Sample 1Sample 2Sample 3
Foreclosure Remedy shall have the meaning specified in Sections ------------------ -------- 5.05(a)(iii) and (iv). ------------ ----
Sample 1Sample 2Sample 3

Examples of Foreclosure Remedy in a sentence

  • Remarkably, the Funds would force this choice even where, as here, it is undisputed that the Foreclosure Remedy (or an out-of-court workout) would be value-maximizing, and deliver more value to all noteholders, including the Funds, than bankruptcy would.

  • Ct.), aff’d, 151 A.D.3d 585, 586 (1st Dep’t 2017).The Funds’ failure to pursue any of the claims available to them presents no mystery: they would have been required to prove that the Foreclosure Remedy was unreasonable, unfair or fraudulent as to them.

  • The Foreclosure Remedy here is closely analogous to the restructuring transaction in Marblegate.

  • The Existing Annex is hereby amended by including the following as new Sections 23.14 and 23.15: “23.14 Acknowledgment of Strict Foreclosure Remedy.

  • And because this case likewise involves no amendment of core payment terms, Marblegate provides persuasive support for concluding that the Foreclosure Remedy did not violate Section 6.07.The Funds argue that the Second Circuit did not decide the question here because the Marblegate transaction affected only the “practical ability” to receive payment, so the court did not need to address whether a protected “legal right”could be “impaired” absent amendment.

  • It is the express intent of the parties hereunder that Bank shall have the right to pursue all rights and remedies except completion of a Foreclosure Remedy without liability to Junior Lender for failure to provide notice to Xxxxxx Xxxxxx, and that the Bank's liability hereunder shall be expressly limited to actual damages to Junior Lender directly caused by the Bank's completion of a Foreclosure Remedy without Junior Lender receiving the notice and opportunity to cure described above.

  • The Funds were apprised in advance that the Trustee would exercise the Foreclosure Remedy, but did not seek to enjoin it.

  • Even if, despite the foregoing, the Court were to conclude that the Funds’ claims are not barred by Foreclosure Remedy, two points remain.First, claims against Respondent CUI Holdings, LLC (“Holdings”) must be dismissed because it was released.

  • As already explained, if they had a factual basis for doing so—and they did not—the Funds could have obtained judicial scrutiny of the Foreclosure Remedy by suing the Trustee for breach of its duties under the Indenture.

  • When seeking information from CUI, the Funds identified themselves as “holders of the equity.” A1661, A1698-99 (¶ 87); see also A1482.The Funds increased the valuation of their investment in CUI as a result of the Foreclosure Remedy.


More Definitions of Foreclosure Remedy

Foreclosure Remedy. Has the meaning specified in Sections 5.4(a)(iii) and (iv) of the Indenture. General Motors: General Motors Company, a Delaware limited liability company, and its successors or assigns.
Sample 1Sample 2
Foreclosure Remedy means an Event of Default has occurred and is continuing and the Indenture Trustee has initiated foreclosure proceedings in accordance with Sections 5.05(a)(iii) and (iv) of the Indenture.
Sample 1
Foreclosure Remedy means the completion of a foreclosure sale of the Property or the recording of a deed-in-lieu of foreclosure with respect to the Property.
Sample 1
Foreclosure Remedy means an Event of Default has occurred and is continuing and the Indenture Trustee has initiated foreclosure proceedings in accordance with Sections 5.05(a)(iii), (iv) or (v) of the Indenture.
Sample 1

Related to Foreclosure Remedy

  • Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

  • Foreclosure means the process culminating in the acquisition of title to a Mortgaged Property in a foreclosure sale or by a deed in lieu of foreclosure or pursuant to any other comparable procedure allowed under Applicable Requirements.

  • Foreclosure Event means: (i) foreclosure under the Mortgage; (ii) any other exercise by Mortgagee of rights and remedies (whether under the Mortgage or under applicable law, including bankruptcy law) as holder of the Loan and/or the Mortgage, as a result of which Mortgagee becomes owner of the Property; or (iii) delivery by Landlord to Mortgagee (or its designee or nominee) of a deed or other conveyance of Landlord’s interest in the Property in lieu of any of the foregoing.

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • Foreclosure Profits As to any Distribution Date or related Determination Date and any Mortgage Loan, the excess, if any, of Liquidation Proceeds, Insurance Proceeds and REO Proceeds (net of all amounts reimbursable therefrom pursuant to Section 3.10(a)(ii)) in respect of each Mortgage Loan or REO Property for which a Cash Liquidation or REO Disposition occurred in the related Prepayment Period over the sum of the unpaid principal balance of such Mortgage Loan or REO Property (determined, in the case of an REO Disposition, in accordance with Section 3.14) plus accrued and unpaid interest at the Mortgage Rate on such unpaid principal balance from the Due Date to which interest was last paid by the Mortgagor to the first day of the month following the month in which such Cash Liquidation or REO Disposition occurred.

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Foreclosure Profit With respect to a Liquidated Mortgage Loan, the amount, if any, by which (i) the aggregate of its Net Liquidation Proceeds exceeds (ii) the related Principal Balance (plus accrued and unpaid interest thereon at the applicable Mortgage Rate from the date interest was last paid through the date of receipt of the final Liquidation Proceeds) of such Liquidated Mortgage Loan immediately prior to the final recovery of its Liquidation Proceeds.

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Foreclosure Property shall have the meaning assigned to such term in the Servicing Agreement or such other analogous term used in the Servicing Agreement.

  • Foreclosure Loss means the loss realized when the Assuming Institution has completed the foreclosure on a Single Family Shared-Loss Loan and realized final recovery on the collateral through liquidation and recovery of all insurance proceeds. Each Foreclosure Loss shall be calculated in accordance with the form and methodology specified in Exhibits 2c(1)-(3).

  • Exercise of Secured Creditor Remedies means, except as otherwise provided in the final sentence of this definition:

  • Foreclosure Proceeds Proceeds, net of any related expenses of the Servicer, Special Servicer, the Certificate Administrator and/or the Trustee, received in respect of any Foreclosed Property (including, without limitation, proceeds from the operation or rental of such Foreclosed Property) prior to the final liquidation of the Foreclosed Property.

  • Remedy a Violation means to bring the structure or other development into compliance with state and community floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development.

  • Foreclosed Property The Property or other Collateral securing the Mortgage Loan, title to which has been acquired by the Special Servicer on behalf of the Trust and the Companion Loan Holders through foreclosure, deed in lieu of foreclosure or otherwise in the name of the Trustee or its nominee.

  • Seller Default has the meaning set forth in Section 12.1.

  • Environmental Damages means all liabilities (including strict liability), losses, damages (excluding consequential, special, exemplary or punitive damages except to the extent such damages were imposed upon an Indemnitee as a result of any claims made against such Indemnitee by a governmental entity or any other third party), judgments, penalties, fines, costs and expenses (including fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, at law or in equity, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, made, incurred, suffered, brought, or imposed at any time and from time to time, whether before or after the Release Date and arising in whole or in part from:

  • Breach of Contract means the failure of a Party to perform any of its obligations in accordance with this Contract, in whole or in part or in a timely or satisfactory manner. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contractor, or the appointment of a receiver or similar officer for Contractor or any of its property, which is not vacated or fully stayed within 30 days after the institution of such proceeding, shall also constitute a breach. If Contractor is debarred or suspended under §24-109-105, C.R.S. at any time during the term of this Contract, then such debarment or suspension shall constitute a breach.

  • Net Foreclosure Profits As to any Distribution Date, the amount, if any, by which (i) Aggregate Foreclosure Profits with respect to such Distribution Date exceed (ii) Liquidated Loan Losses with respect to such Distribution Date.

  • Exercise Any Secured Creditor Remedies or “Exercise of Secured Creditor Remedies” shall mean:

  • Delay of Foreclosure The postponement for more than three Business Days of the scheduled sale of Mortgaged Property to obtain satisfaction of a Mortgage Loan.

  • Required Percentage-Remedies shall be 66-2/3% of the aggregate Voting Rights.

  • Damage to Property means physical injury to or destruction of tangible property, including the loss of its use. Tangible property includes the cost of recreating or replacing stocks, bonds, deeds, mortgages, bank deposits and similar instruments, but does not include the value represented by such instruments.

  • CCAA Proceedings means the proceedings commenced by the Applicant under the CCAA as contemplated by the Initial Order;

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Commencement of Foreclosure The first official action required under local law in order to commence foreclosure proceedings or to schedule a trustee's sale under a deed of trust, including (i) in the case of a mortgage, any filing or service of process necessary to commence an action to foreclose, or (ii) in the case of a deed of trust, posting, the publishing, filing or delivery of a notice of sale, but not including in either case (x) any notice of default, notice of intent to foreclose or sell or any other action prerequisite to the actions specified in (i) or (ii) above, (y) the acceptance of a deed-in-lieu of foreclosure (whether in connection with a sale of the related property or otherwise) or (z) initiation and completion of a short pay-off.

  • Warranty Xxxx of Sale means the warranty (as to title) xxxx of sale covering the Aircraft executed by Manufacturer or an affiliate of Manufacturer in favor of Company and specifically referring to each Engine, as well as the Airframe, constituting a part of the Aircraft.