CERTAIN MATTERS REGARDING THE NOTE INSURER Sample Clauses

CERTAIN MATTERS REGARDING THE NOTE INSURER. 69 Section 7.01 Trust Estate and Accounts Held for Benefit of the Note Insurer........................69 Section 7.02 Claims Upon the Policy; Policy Payments Account.......................................69 Section 7.03 Effect of Payments by the Note Insurer; Subrogation...................................70 Section 7.04 Notices to the Note Insurer...........................................................70 Section 7.05 Rights to the Note Insurer To Exercise Rights of Owners...............................71 SCHEDULE I SCHEDULE OF HOME EQUITY LOANS EXHIBIT A FORM OF CERTIFICATE RE: HOME EQUITY LOANS PREPAID IN FULL AFTER CUT-OFF DATE EXHIBIT B-1 FORM OF INDENTURE TRUSTEE'S RECEIPT EXHIBIT B-2 FORM OF CUSTODIAN'S RECEIPT EXHIBIT C FORM OF POOL CERTIFICATION EXHIBIT D HOME EQUITY LOANS WITH DOCUMENT EXCEPTIONS
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CERTAIN MATTERS REGARDING THE NOTE INSURER. The provisions of Article VII of the Sale and Servicing Agreement, the extent applicable to this Indenture, are hereby incorporated by reference herein and each Owner by acceptance of its Notes agrees to the provisions contained in Article VII of the Sale and Servicing Agreement.
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CERTAIN MATTERS REGARDING THE NOTE INSURER. 73 Section 7.01 Trust Estate and Accounts Held for Benefit of the Note Insurer........................73 Section 7.02 Claims Upon the Policy; Policy Payments Account.......................................73
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CERTAIN MATTERS REGARDING THE NOTE INSURER. 69 Section 7.01 Trust Estate and Accounts Held for Benefit of the Note Insurer........................69 Section 7.02 Claims Upon the Policy; Policy Payments Account.......................................69 Section 7.03 Effect of Payments by the Note Insurer; Subrogation...................................70 Section 7.04 Notices to the Note Insurer...........................................................70 Section 7.05 Rights to the Note Insurer To Exercise Rights of Owners...............................70 SCHEDULE I SCHEDULE OF MORTGAGE LOANS EXHIBIT A FORM OF CERTIFICATE RE: MORTGAGE LOANS PREPAID IN FULL AFTER CUT-OFF DATE EXHIBIT B-1 FORM OF INDENTURE TRUSTEE'S RECEIPT EXHIBIT B-2 FORM OF CUSTODIAN'S RECEIPT EXHIBIT C FORM OF POOL CERTIFICATION EXHIBIT D MORTGAGE LOANS WITH DOCUMENT EXCEPTIONS EXHIBIT E FORM OF SUBSEQUENT TRANSFER AGREEMENT SALE AND SERVICING AGREEMENT dated as of ________________ by and among AMRESCO RESIDENTIAL SECURITIES CORPORATION MORTGAGE LOAN OWNER TRUST 199__-__, a Delaware business trust (the "Issuer" or the "Trust"), AMRESCO RESIDENTIAL SECURITIES CORPORATION, a Delaware corporation, in its capacity as Depositor (the "Depositor"), AMRESCO RESIDENTIAL CAPITAL MARKETS, INC., a Delaware corporation in its capacities as the Seller (the "Seller"), ___________________, as the Servicer (the "Servicer") and __________________________, a __________________ corporation, in its capacity as the indenture trustee on behalf of the Owners of the Notes (the "Indenture Trustee").
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CERTAIN MATTERS REGARDING THE NOTE INSURER. Section 10.01. Exercise of Rights of Holder of the Insured Notes.
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CERTAIN MATTERS REGARDING THE NOTE INSURER. 72 Section 7.01 Trust Estate and Accounts Held for Benefit of the Note Insurer........................72 Section 7.02 Claims Upon the Note Insurance Policies; Policy Payments Account......................72 Section 7.03 Effect of Payments by the Note Insurer; Subrogation...................................73 Section 7.04 Notices to the Note Insurer...........................................................73 Section 7.05 Rights to the Note Insurer To Exercise Rights of Owners...............................74 EXHIBIT A -- Mortgage Loan Schedule EXHIBIT B -- Form of Certificate Re: Mortgage Loans Prepaid in full After the Cut-Off Date EXHIBIT C -- Form of Initial Certification EXHIBIT D -- Form of Final Certification EXHIBIT E -- Form of Monthly Report EXHIBIT F -- Form of Request for Release EXHIBIT G -- Form of Subsequent Transfer Agreement
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CERTAIN MATTERS REGARDING THE NOTE INSURER. 11.01. Certain Rights of the Note Insurer.............................63 11.02. Indenture Trustee To Act Solely with Consent of the Note Insurer...............................................63 11.03. Trust Estate and Accounts Held for Benefit of the Note Insurer and the Noteholders...........................64 11.04. Effect of Payments by the Note Insurer; Subrogation............64 11.05.
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CERTAIN MATTERS REGARDING THE NOTE INSURER. So long as an Insurer Default shall not have occurred and be continuing, the Note Insurer shall have the right to exercise all rights, including voting rights, that the Noteholders are entitled to exercise pursuant to this Agreement, without any consent of such Noteholders; provided, however, that without the consent of each Noteholder, the Note Insurer shall not exercise such rights to amend this Agreement in any manner that would (i) increase or reduce in any manner the amount of, or accelerate or delay the timing of, collections of payments on Receivables, payments that shall be required to be made on any Note or the Class A Interest Rate, (ii) adversely affect in any material respect the interests of the Holders of any Notes, or (iii) alter the rights of any such Holder to consent to such amendment. Notwithstanding any provision in this Agreement to the contrary, if an Insurer Default has occurred and is continuing, the Note Insurer shall not have the right to take any action under this Agreement or to control or direct the actions of Paragon, the Seller, the Trust or the Trustee pursuant to the terms of this Agreement, nor shall the consent of the Note Insurer be required with respect to any action (or waiver of a right to take action) to be taken by Paragon, the Seller, the Trust or the Trustee or the Holders of the Notes; provided, however, that the consent of the Note Insurer shall be required with respect to any amendment of this Agreement to the extent provided in Article IX.
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CERTAIN MATTERS REGARDING THE NOTE INSURER 
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Related to CERTAIN MATTERS REGARDING THE NOTE INSURER

  • CERTAIN MATTERS REGARDING THE CERTIFICATE INSURER Section 12.01.Rights of the Certificate Insurer to Exercise Rights of Insured Certificateholders. By accepting its Certificate, each Insured Certificateholder agrees that unless a Certificate Insurer Default exists, the Certificate Insurer 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.

  • Certain Matters Affecting the Trustees Except as otherwise provided in Section 8.01:

  • Certain Matters Any provision herein to the contrary notwithstanding, the Company shall not be obligated pursuant to the terms of this Agreement to indemnify Indemnitee on account of any proceeding with respect to (i) remuneration paid to Indemnitee if it is determined by final judgment or other final adjudication that such remuneration was in violation of law (and, in this respect, both the Company and Indemnitee have been advised that the Securities and Exchange Commission believes that indemnification for liabilities arising under the federal securities laws is against public policy and is, therefore, unenforceable and that claims for indemnification should be submitted to appropriate courts for adjudication, as indicated in Section 10(d) below); (ii) a final judgment rendered against Indemnitee for an accounting, disgorgement or repayment of profits made from the purchase or sale by Indemnitee of securities of the Company against Indemnitee or in connection with a settlement by or on behalf of Indemnitee to the extent it is acknowledged by Indemnitee and the Company that such amount paid in settlement resulted from Indemnitee’s conduct from which Indemnitee received monetary personal profit, pursuant to the provisions of Section 16(b) of the Securities Exchange Act of 1934, as amended, or other provisions of any federal, state or local statute or rules and regulations thereunder; (iii) a final judgment or other final adjudication that Indemnitee’s conduct was in bad faith, knowingly fraudulent or deliberately dishonest or constituted willful misconduct (but only to the extent of such specific determination); or (iv) on account of conduct that is established by a final judgment as constituting a breach of Indemnitee’s duty of loyalty to the Company or resulting in any personal profit or advantage to which Indemnitee is not legally entitled. For purposes of the foregoing sentence, a final judgment or other adjudication may be reached in either the underlying proceeding or action in connection with which indemnification is sought or a separate proceeding or action to establish rights and liabilities under this Agreement.

  • Certain Matters Affecting the Trustee Except as otherwise provided in Section 8.01:

  • Certain Matters Affecting the Indenture Trustee For all purposes of this Servicing Agreement, in the performance of any of its duties or in the exercise of any of its powers hereunder, the Indenture Trustee shall be subject to and entitled to the benefits of Article VI of the Indenture.

  • Certain Matters Affecting the Trust Administrator (a) Except as otherwise provided in Section 10.01:

  • Limitation of Liability Regarding the Trust The Administrator shall look only to the assets of each Series for performance of this Agreement by the Trust on behalf of such Series, and neither the Trustees of the Trust ("Trustees") nor any of the Trust's officers, employees or agents, whether past, present or future shall be personally liable therefor.

  • Certain Matters Affecting the Securities Administrator Except as otherwise provided in Section 10.01:

  • LIMITATION OF LIABILITY OF THE SUB-ADVISOR Absent willful misfeasance, bad faith, gross negligence, or reckless disregard of obligations or duties hereunder on the part of the Sub-Advisor, the Sub-Advisor shall not be subject to liability to the Advisor, the Trust or to any shareholder in the Fund for any act or omission in the course of, or connected with, rendering services hereunder or for any losses that may be sustained in the purchase, holding or sale of any security. As used in this Section 6, the term "Sub-Advisor" shall include the Sub-Advisor and/or any of its affiliates and the directors, officers and employees of the Sub-Advisor and/or any of its affiliates.

  • Certain Obligations Respecting Subsidiaries Further Assurances (a) Such Obligor will take such action, and will cause each of its Subsidiaries to take such action, from time to time as shall be necessary to ensure that all Domestic Subsidiaries are “Subsidiary Guarantors” hereunder. Without limiting the generality of the foregoing, in the event that any Obligor or any of its Domestic Subsidiaries shall form or acquire any new Subsidiary, such Obligor will (or will cause such Subsidiary to) no later than within 60 days of such formation or acquisition:

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