Common use of Alternative test Clause in Contracts

Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, or instrumentality of the United States or of any state), or other third party credit enhancement are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, substantially all of the proceeds of the obligations means 66 2/3% or more of the gross proceeds.

Appears in 16 contracts

Samples: Sale and Servicing Agreement (Painewebber Mortgage Acceptance Corporation Iv), Insurance Agreement (Mego Mortgage Corp), Sale and Servicing Agreement (Empire Funding Home Loan Owner Trust 1998 3)

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Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, or instrumentality of the United States or of any state), or other third party credit enhancement are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, only substantially all of the proceeds of the obligations obligation means 66 more than 66-2/3% or more of the gross proceeds.

Appears in 10 contracts

Samples: Administration Agreement (Firstplus Investment Corp), Sale and Servicing Agreement (Firstplus Investment Corp), Sale and Servicing Agreement (Firstplus Investment Corp)

Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, or instrumentality of the United States or of any state), or other third party credit enhancement are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, substantially all of the proceeds of the obligations means 66 2/366% or more of the gross proceeds.

Appears in 5 contracts

Samples: Sale and Servicing Agreement (Home Equity Securitization Corp), Loan Purchase Agreement (Residential Asset Funding Corp), Sale and Servicing Agreement (Residential Asset Funding Corp)

Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, or instrumentality of the United States or of any state), or other third party credit enhancement are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, substantially all of the proceeds of the obligations means 66 2/3662/3% or more of the gross proceeds.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Mego Financial Corp), Sale and Servicing Agreement (Financial Asset Securities Corp), Sale and Servicing Agreement (Financial Asset Securities Corp)

Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, or instrumentality of the United States or of any state), or other third party credit enhancement are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, only substantially all of the proceeds of the obligations means 66 more than 66- 2/3% or more of the gross proceeds.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Firstplus Investment Corp), Loan Sale Agreement (Firstplus Investment Corp)

Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, or instrumentality of the United States or of any state), or other third party credit enhancement are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, substantially all of the proceeds of the obligations means 66 66-2/3% or more of the gross proceeds.

Appears in 2 contracts

Samples: Home Loan Sale Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/), Sale and Servicing Agreement (Advanta Mortgage Conduit Services Inc)

Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, or instrumentality of the United States or of any state), or other third party credit enhancement are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, only substantially all of the proceeds of the obligations means 66 2/3% or more than 66-_% of the gross proceeds.. SALE AND SERVICING AGREEMENT (Series 1996-4) - Page 43 52

Appears in 1 contract

Samples: Sale and Servicing Agreement (Firstplus Investment Corp)

Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, or instrumentality of the United States or of any state), or other third party credit enhancement are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, only substantially all of the proceeds of the obligations means 66 2/3more than 66- % or more of the gross proceeds.

Appears in 1 contract

Samples: Loan Sale Agreement (Firstplus Investment Corp)

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Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, or instrumentality of the United States or of any state), or other third party credit enhancement are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, substantially all of the proceeds of the obligations obligations," means 66 2/3% or more of the gross proceeds.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Bear Stearns Asset Backed Securities Inc)

Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, or instrumentality of the United States or of any state), or other third party credit enhancement are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, only "substantially all of the proceeds of the obligations means 66 2/3% or more obligation" can reasonably be concluded to mean at least 80 percent of the gross proceeds.]

Appears in 1 contract

Samples: Preferred (Preferred Securitization Corp)

Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, or instrumentality of the United States or of any state), or other third party credit enhancement are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, only substantially all of the proceeds of the obligations obligation means 66 more than 66- 2/3% or more of the gross proceeds.

Appears in 1 contract

Samples: Loan Sale Agreement (Firstplus Investment Corp)

Alternative test. An obligation is principally secured by an interest in real property if substantially all of the proceeds of the obligation were used to acquire or to improve or protect an interest in real property that, at the origination date, is the only security for the obligation. For purposes of this test, loan guarantees made by the United States or any state (or any political subdivision, agency, agency or instrumentality of the United States or of any state), or other third party credit enhancement enhancement, are not viewed as additional security for a loan. An obligation is not considered to be secured by property other than real property solely because the obligor is personally liable on the obligation. For this purpose only, substantially all of the proceeds of the obligations means 66 2/3% 66K% or more of the gross proceeds.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cityscape Corp)

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