APPLICABILITY; OTHER APPLICABLE ANNEXES Sample Clauses

APPLICABILITY; OTHER APPLICABLE ANNEXES. (a) Paragraph 1 of the Agreement (“Applicability”) is hereby deleted and replaced with the following: From time to time the parties hereto may enter into transactions in which Seller agrees to transfer to Buyer one or more Eligible Loans against the transfer of funds by Buyer, with a simultaneous agreement by Buyer to transfer to Seller such Eligible Loans at a date certain (or such earlier date, in accordance with the terms hereof), against the transfer of funds by Seller. Each such transaction shall be referred to herein as a “Transaction” and, unless otherwise agreed in writing, shall be governed by the Agreement, including any supplemental terms or conditions contained in this Annex I and in any other annexes identified herein or therein as applicable hereunder.
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APPLICABILITY; OTHER APPLICABLE ANNEXES. (a) Paragraph 1 of the Master Repurchase Agreement (“Applicability”) is hereby deleted in its entirety and replaced with the following provisions of this Section 1: Seller and Buyer entered into the Original Agreement pursuant to which Buyer and Seller agreed to enter into Transactions from time to time. The parties have agreed to amend and restate the Original Agreement as set forth herein. From time to time the parties hereto may enter into transactions in which Seller agrees to transfer to Buyer one or more Eligible Loans against the transfer of funds by Buyer, with a simultaneous agreement by Buyer to transfer to Seller such Eligible Loans at a date certain (or such earlier date, in accordance with the terms hereof), against the transfer of funds by Seller. Each such transaction shall be referred to herein as a “Transaction” and, unless otherwise agreed in writing, shall be governed by the Agreement, including any supplemental terms or conditions contained in this Annex I and in any other annexes identified herein or therein as applicable hereunder.
Sample 1
APPLICABILITY; OTHER APPLICABLE ANNEXES. (a) Paragraph 1 of the Agreement ("Applicability") is hereby deleted and replaced with the following: From time to time the parties hereto may enter into transactions in which Seller agrees to transfer to Buyer one or more Mezzanine Loans, Second Mortgage Loans, First Mortgage B-Notes or Other Mezzanine Investments against the transfer of funds by Buyer, with a simultaneous agreement by Buyer to transfer to Seller such loans or investments at a date certain (or such earlier date, in accordance with the terms hereof), against the transfer of funds by Seller. Each such transaction shall be referred to herein as a "Transaction" and, unless otherwise agreed in writing, shall be governed by the Agreement, including any supplemental terms or conditions contained in this Annex I and in any other annexes identified herein or therein as applicable hereunder.
Sample 1
APPLICABILITY; OTHER APPLICABLE ANNEXES. (a) Paragraph 1 of the Agreement (“Applicability”) is hereby deleted and replaced with the following: Seller and Buyer entered into the Original Agreement pursuant to which Buyer and Seller agreed to enter into Transactions from time to time. The parties have agreed to amend and restate the Original Agreement as set forth herein. From time to time the parties hereto may enter into transactions in which Seller agrees to transfer to Buyer one or more Mezzanine Loans, First Mortgage B-Notes, Stabilized Mortgage Loans, Transitional Mortgage Loans, or Other Mezzanine Investments against the transfer of funds by Buyer, with a simultaneous agreement by Buyer to transfer to Seller such loans or investments at a date certain (or such earlier date, in accordance with the terms hereof), against the transfer of funds by Seller. Each such transaction shall be referred to herein as a “Transaction” and, unless otherwise agreed in writing, shall be governed by the Agreement, including any supplemental terms or conditions contained in this Annex I and in any other annexes identified herein or therein as applicable hereunder. As of the date hereof, the Purchased Loans on Schedule 2 have been purchased by Purchaser from Seller and shall be subject to the terms hereof.
Sample 1

Related to APPLICABILITY; OTHER APPLICABLE ANNEXES

  • Applicability of Terms A check or similar mark in a box means that such provision is applicable. The abbreviation 48 “N/A” or the word “Deleted” means not applicable. The abbreviation “MEC” (mutual execution of this contract) means the date upon 49 which both parties have signed this Buyer Listing Contract.

  • Applicability of Agreement The Developer agrees that the Lands shall be developed and used only in accordance with and subject to the terms and conditions of this Agreement.

  • Applicability of ¶ 2501 Local Church acknowledges and agrees that pursuant to ¶ 2501 of the Discipline, the Local Church holds all its property, real and personal, tangible and intangible, in trust for the benefit of The United Methodist Church, including the Real Property and Personal Property, and the Local Church will not take any actions that are inconsistent therewith or opposing or negating the same.

  • Applicability of Rule 419 Upon delivery and payment for the Units on the Closing Date and each Additional Closing Date, the Company will not be subject to Rule 419 under the Securities Act and none of the Company’s outstanding securities will be deemed to be a “xxxxx stock” as defined in Rule 3a51-1 under the Exchange Act.

  • Applicability of ISP98 and UCP Unless otherwise expressly agreed by the applicable LC Issuer and the applicable LC Obligor, when a Letter of Credit is issued, (i) the rules of the “International Standby Practices 1998” published by the Institute of International Banking Law & Practice (or such later version thereof as may be in effect at the time of issuance) shall apply to each Standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance (including the International Chamber of Commerce’s decision published by the Commission on Banking Technique and Practice on April 6, 1998 regarding the European single currency (euro)) shall apply to each Commercial Letter of Credit.

  • Applicability of This Article Redemption of Securities of any series (whether by operation of a sinking fund or otherwise) as permitted or required by any form of Security issued pursuant to this Indenture shall be made in accordance with such form of Security and this Article; provided, however, that if any provision of any such form of Security shall conflict with any provision of this Article, the provision of such form of Security shall govern.

  • Applicability of ISP and UCP Unless otherwise expressly agreed by the L/C Issuer and the Borrower when a Letter of Credit is issued (including any such agreement applicable to an Existing Letter of Credit), (i) the rules of the ISP shall apply to each standby Letter of Credit, and (ii) the rules of the Uniform Customs and Practice for Documentary Credits, as most recently published by the International Chamber of Commerce at the time of issuance shall apply to each commercial Letter of Credit.

  • Applicability of Data Privacy Protections In the event that Personal Information will be Processed by Supplier in connection with the performance under this Agreement (including any SOW), then and only then shall the provisions of this Section ‘Data Protection and Privacy’ be applicable. For the avoidance of doubt, the data security requirements contained in section ‘Information Security’ shall apply regardless of whether Personal Information is Processed under this Agreement or any SOW. All Personal Information obtained from or on behalf of DXC or in connection with performance pursuant to this Agreement shall be Processed and protected pursuant to this Section ‘Data Protection and Privacy’, the Section ‘Information Security’ and any other Sections of this Agreement that address Personal Information.

  • Applicability of ISP Unless otherwise expressly agreed by the L/C Issuer and the Borrower when a Letter of Credit is issued, the rules of the ISP shall apply to each Letter of Credit.

  • Applicability of Restrictions Neither any restrictions of any legend described in this Warrant nor the requirements of Section 7(b) above shall apply to any transfer of, or grant of a security interest in, this Warrant (or the Series Preferred or Common Stock obtainable upon exercise thereof) or any part hereof (i) to a partner of the holder if the holder is a partnership or to a member of the holder if the holder is a limited liability company, (ii) to a partnership of which the holder is a partner or to a limited liability company of which the holder is a member, or (iii) to any affiliate of the holder if the holder is a corporation; provided, however, in any such transfer, if applicable, the transferee shall on the Company’s request agree in writing to be bound by the terms of this Warrant as if an original holder hereof.

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