MBIA Default definition
Examples of MBIA Default in a sentence
By accepting its Certificate, each Insured Certificateholder agrees that unless a MBIA Default exists, MBIA shall have the right to exercise all consent, voting, direction and other control rights of the Insured Certificateholders under this Agreement without any further consent of the Insured Certificateholders.
MBIA shall be reinstated with such rights when the MBIA Default has been corrected.
During the continuation of an MBIA Default, rights granted or reserved to MBIA hereunder shall vest instead in the Holders of the Insured Retail Certificates; provided that MBIA shall be entitled to premiums due and any reimbursement amounts owed to MBIA under the MBIA Policy, except that MBIA shall retain those rights under Section 11.1 with respect to any amendment.
Each Holder of a Class A-3 Certificate, by its purchase of Class A-3 Certificates, and the Trustee hereby agrees that MBIA (so long as no MBIA Default exists) may at any time during the continuation of any proceeding relating to a Preference Claim direct all matters relating to such Preference Claim, including, without limitation, (i) the direction of any appeal of any order relating to any Preference Claim and (ii) the posting of any surety, supersedeas or performance bond pending any such appeal.
By accepting its Certificate, each Insured Certificateholder agrees that unless an MBIA Default exists, MBIA shall have the right to exercise all consent, voting, direction and other control rights of the Insured Certificateholders under this Agreement without any further consent of the Insured Certificateholders.
Each Holder of a Class A-5 Certificate, by its purchase of Class A-5 Certificates, and the Trustee hereby agrees that MBIA (so long as no MBIA Default exists) may at any time during the continuation of any proceeding relating to a Preference Claim direct all matters relating to such Preference Claim, including, without limitation, (i) the direction of any appeal of any order relating to any Preference Claim and (ii) the posting of any surety, supersedeas or performance bond pending any such appeal.
Any such election may be rescinded with respect to any portion of the Trust Estate securing the Certificates remaining at the time of such rescission by written notice to the Trustee and the Transferor from MBIA or, if an MBIA Default or Termination has occurred, from the Controlling Holders.
If the Back-up Servicer cannot serve as successor Servicer, MBIA, or if an MBIA Default or Termination has occurred and is continuing, the Trustee, shall appoint another firm acceptable to it and the Controlling Holders.
If any Lease Contract becomes a Defaulted Lease Contract, the Trustee, upon Transferor or Servicer request may, and upon the request of MBIA or if an MBIA Default or Termination has occurred and is continuing, the Controlling Holders shall take such action as may be appropriate to enforce such payment or performance, including the institution and prosecution of appropriate Proceedings.
Each Holder of a Class 1-A-8 Certificate, by its purchase of such Certificates and the Trustee hereby agree that MBIA (so long as no MBIA Default exists) may at any time during the continuation of any proceeding relating to a Preference Claim direct all matters relating to such Preference Claim, including, without limitation, (i) the direction of any appeal of any order relating to any Preference Claim and (ii) the posting of any surety, supersedeas or performance bond pending any such appeal.