Opposing Party means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Xxxxxxxx has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Xxxxxx’s judgment, could result in forfeiture of the Property or other material impairment of Xxxxxx’s interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Xxxxxx’s judgment, precludes forfeiture of the Property or other material impairment of Xxxxxx’s interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Xxxxxx’s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2.
Billed Party means the recipient Party of a bill rendered from the Billing Party.
Billing Party means the Party rendering a bill.
injured party means any person entitled to claim compensation in respect of any loss or injury caused by a vehicle;
Covered Party has the meaning assigned to it in Section 9.21.
Privileged Person The Depositor and its designees, the Initial Purchasers, the Underwriters, the Mortgage Loan Sellers, the Master Servicer, the Special Servicer, any Excluded Mortgage Loan Special Servicer, the Trustee, the Certificate Administrator, any Additional Servicer designated by the Master Servicer or the Special Servicer, any Directing Holder, any Consulting Party, the Operating Advisor, any Affiliate of the Operating Advisor designated by the Operating Advisor, the Asset Representations Reviewer, any affiliate of the Asset Representations Reviewer designated by the Asset Representations Reviewer, any Companion Loan Holder that delivers an Investor Certification (subject to the next sentence and the proviso to this sentence), any other Person who provides the Certificate Administrator with an Investor Certification (subject to the next sentence and the proviso to this sentence), any Rating Agency, and any other NRSRO that delivers a NRSRO Certification to the Certificate Administrator; provided that in no event shall an Excluded Controlling Class Holder be entitled to Excluded Information with respect to a related Excluded Controlling Class Mortgage Loan with respect to which it is a Borrower Party (but this exclusion shall not apply to any other Mortgage Loan). In no event shall a Borrower Party (other than a Risk Retention Consultation Party if it is a Borrower Party) be considered a Privileged Person; provided that the foregoing shall not be applicable to, nor limit, an Excluded Controlling Class Holder’s right to access information with respect to any Mortgage Loan other than Excluded Information with respect to a related Excluded Controlling Class Mortgage Loan. For the avoidance of doubt, each applicable Directing Holder, Controlling Class Certificateholder and Consulting Party (other than the Risk Retention Consultation Party) and the Special Servicer shall, at any given time, only be considered a Privileged Person with respect to any Mortgage Loans or Serviced Loan Combinations for which it is not then a Borrower Party, and the limitations on access to information set forth in this Agreement will apply only with respect to the related Mortgage Loan for which the applicable party is a Borrower Party and only with respect to the related Excluded Information (in the case of the Directing Holder or a Controlling Class Certificateholder) or the related Excluded Special Servicer Information (in the case of the Special Servicer).
Receiving Party means the Party receiving Confidential Information.
Proposing Party has the meaning set forth in Section 5.2.2.4(a).
Supplying Party shall have the meaning stated in Section 35.8.2.
Respondent Party has the meaning set forth in Section 7.6(b).
Performing Party As defined in Section 11.12.
Initiating Party means a party who gives notice under section 2 of this Schedule;
Third Person Claim has the meaning specified in Section 11.4(a).
Settling Party means any one of, and “Settling Parties” means all of, the parties to the Stipulation, namely Defendants and Plaintiffs (on behalf of themselves and the Settlement Class).
Mediation party means a person that participates in a mediation and whose agreement is necessary to resolve the dispute.
Producing Party means the parties to this action and any third-parties producing “Confidential Information” in connection with depositions, document production or otherwise, or the party asserting the confidentiality privilege, as the case may be.
Unlicensed person means any person who is not a licensed dealer under this chapter.
Non-Party Affiliates has the meaning set forth in Section 10.15.
Disputing Party has the meaning specified in Paragraph 5.
Aggrieved party means a party entitled to pursue a remedy.
Specified Party means the Administrative Agent, the Issuing Bank, the Swingline Lender or any other Lender.
Programme Party means a party to a Programme Document (other than the Issuer and ETP Securityholders).
Preparing Party has the meaning set forth in Section 2.04(a)(ii).
Selling Party has the meaning set forth in the definition of “Net Sales.”
Third-party filer means an entity that submits a Product filing to the Commission on behalf of an Insurer.
Receiving Party Personnel has the meaning set forth in Section 37(d).