Default by the Lender. The occurrence of any one or more of the following events or conditions shall constitute an Event(s) of Default by the Lender under this Participation Agreement, unless upon written approval of the Chairperson of the MSF Board or MSF Fund Manager, a written waiver of the Event(s) of Default is provided by the MSF to the Lender:
Default by the Lender. The occurrence of any one or more of the following events or conditions shall constitute an (“Event(s) of Default”) by the Lender under this Guarantee Agreement, unless a written waiver of the default is signed by the Department:
Default by the Lender. The occurrence of any one or more of the following events or conditions shall constitute an Event of Default by the Lender under this Enhancement Agreement, unless a written waiver of the default is signed by Development:
Default by the Lender. The occurrence of any one or more of the following events or conditions shall constitute an Event(s) of Default by the Lender under this Deposit Agreement, unless a written waiver of the default is signed by the President of IHFA or another officer of IHFA designated by the President:
Default by the Lender. Where the Lender fails to return the collaterals by the due date according to the agreement, or is in violation of the representations or warranties, it shall be deemed to be in default. In the event of default by the Lender, the related securities lending and borrowing shall be deemed to be due, and the Borrower may complete the negotiated borrowing transaction by ______________ (the agreed manner), recover the deficiency in payment from the Lender, collect a default penalty equivalent to _______, and at the same time claim for damages.
Default by the Lender. The occurrence of any one or more of the following events or conditions shall constitute an Event(s) of Default by the Lender under this Agreement, unless a written waiver, or similar action is signed the MSF Fund Manager, and then only to the extent, and for the time period specifically stated, in such written waiver, or similar action:
Default by the Lender. The occurrence of any one or more of the following events or conditions shall constitute an event of default by the Lender under this Agreement (which defaults may be determined by GHFA EDFI or the State, acting in their sole discretion): any representation, warranty, certification, assurance or any other statement of fact contained in this Agreement, or any representation or warranty set forth in any document, report, certificate, financial statement or instrument now or hereafter delivered to GHFA EDFI or the State in connection with this Agreement, is found to be inaccurate, false, incomplete or misleading when made, in any material respect; any breach by Lender whereby the Lender materially fails to observe, comply with, meet or perform any term, covenant, agreement or other provision contained in this Agreement including, but not limited to, the failure to submit required reports. any other material breach by the Lender of any duty or obligation of the Lender under this Agreement, including, without limitation, the failure to reasonably pursue collections as specified in Section 5.11 hereof; the appointment of a receiver or custodian over a material portion of the Lender's assets, which receiver or custodian is not discharged within sixty (60) days following its appointment; any voluntary bankruptcy or insolvency proceedings are commenced by the Lender; any involuntary bankruptcy or insolvency proceedings are commenced against the Lender, which proceedings are not set aside within sixty (60) calendar days from the date of institution thereof; or any audit finding that the Lender intentionally made misstatements in any report issued to GHFA EDFI or the State shall find the Lender to be in default.
Default by the Lender. The occurrence of any one or more of the following events or conditions shall constitute an Event of Default by the Lender under this Deposit Agreement, unless a written waiver of the default is signed by Development: Any representation or warranty made by the Lender under this Deposit Agreement or any of the Loan documents is incorrect in any material respect; Any material breach by the Lender of any duty or obligation of the Lender under this Deposit Agreement which is not cured by the Lender to the reasonable satisfaction of Development within thirty (30) calendar. The appointment of a receiver or custodian over a material portion of the Lender’s assets, which receiver or custodian is not discharged within sixty (60) calendar days of such appointment; or Any voluntary bankruptcy or insolvency proceedings are commenced by the Lender; or any involuntary bankruptcy or insolvency proceedings are commenced against the Lender, which proceedings are not set aside within sixty (60) calendar days from the date of institution thereof.
Default by the Lender. The occurrence of any one or more of the following events or conditions shall constitute an Event of Default by the Lender under this Enhancement Agreement, unless a written waiver of the default is signed by Development: Any representation or warranty made by the Lender under this Enhancement Agreement or any of the Loan documents is incorrect in any material respect; Any material breach by the Lender of any duty or obligation of the Lender, including but not limited to the failure to file required reports, under this Enhancement Agreement which is not cured by the Lender to the reasonable satisfaction of Development within thirty (30) calendar days. The appointment of a receiver or custodian over a material portion of the Lender’s assets, which receiver or custodian is not discharged within sixty (60) calendar days of such appointment; or Any voluntary bankruptcy or insolvency proceedings are commenced by the Lender; or any involuntary bankruptcy or insolvency proceedings are commenced against the Lender, which proceedings are not set aside within sixty (60) calendar days from the date of institution thereof.
Default by the Lender. The occurrence of any one or more of the following events or conditions shall constitute an Event of Default by the Lender under this Enhancement Agreement, unless a written waiver of the default is signed by Development: Any representation or warranty made by the Lender under this Enhancement Agreement or any of the Loan Documents is incorrect in any material respect; Any material breach by the Lender of any duty or obligation of the Lender, including but not limited to the failure to file required reports, under this Enhancement Agreement which is not cured by the Lender to the satisfaction of Development within thirty(30) calendar days after written notice thereof by Development to the Lender; The appointment of a receiver or custodian over a material portion of the Lender’s assets, which receiver or custodian is not discharged within sixty (60) calendar days of such appointment; or Any voluntary bankruptcy or insolvency proceedings are commenced by the Lender; or any involuntary bankruptcy or insolvency proceedings are commenced against the Lender, which proceedings are not set aside within sixty (60) calendar days from the date of institution thereof.
