Rights and Liabilities. The guarantee and right to require purchase will be directly en- forceable by Holder notwithstanding any fraud or misrepresentations by Lender or any unenforceability of the Loan Note Guar- xxxxx by Xxxxxx. Nothing contained herein shall constitute any waiver by FmHA or its successor agency under Public Law 103–354 of any rights it possesses against the Lender, and the Lender agrees that Xxxxxx will be liable and will promptly reimburse FmHA or its successor agency under Public Law 103– 354 for any payment made by FmHA or its successor agency under Public Law 103–354 to Holder which, if such Xxxxxx had held the guaranteed portion of the loan, FmHA or its successor agency under Public Law 103–354 would not be required to make. The Holder(s) upon written notice to the Lender may resell the unpaid balance of the guaranteed portion of the loan assigned hereunder. An endorse- ment may be added to the Form FmHA or its successor agency under Public Law 103–354 1980–70 to effectuate the transfer. Lender: Address: By llllllllllllllllllllll Title lllllllllllllllllllll Attest: lllllllllllllllllll (SEAL) Holder: Address: By llllllllllllllllllllll Title lllllllllllllllllllll Attest: lllllllllllllllllll (SEAL) United States of America Farmers Home Administration or its suc- cessor agency under Public Law 103–354 Address: lllllllllllllllllll By llllllllllllllllllllll Title lllllllllllllllllllll [54 FR 5, Jan. 3, 1989, as amended at 54 FR 14792, Apr. 13, 1989; 54 FR 26946, June 27, 1989] APPENDIX J TO SUBPART E OF PART 1980 [RESERVED] APPENDIX K TO SUBPART E OF PART 1980—REGULATIONS FOR LOAN GUAR- ANTEES FOR DISASTER ASSISTANCE FOR RURAL BUSINESS ENTERPRISES
Rights and Liabilities. 2.1 THE PRESIDENT hereby grants to XYZ, ABC and GHPL (if applicable) the Petroleum concessions and other rights more particularly described in this Agreement, including but not limited to conducting or causing to be conducted Petroleum exploration, prospecting, development and Production Operations hereunder including the transportation (whether by pipeline or otherwise), storage, terminalling, export and sale of Petroleum, subject to the provisions of this Agreement.
Rights and Liabilities. The guarantee and right to require purchase will be directly enforceable by Holder not withstanding any fraud or misrepresentations by Lender or any unenforceability of the Loan Note Guarantee by Xxxxxx. Nothing contained herein shall constitute any waiver by USDA of any rights it possesses against the Lender, and the Lender agrees that Xxxxxx will be liable and will promptly reimburse USDA for any payment made by USDA to Holder which, if such Xxxxxx had held the guaranteed portion of the loan, USDA would not be required to make. The Holder upon written notice to the Lender and USDA may resell the unpaid balance of the guaranteed portion of the loan assigned hereunder. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0570-0017. The time required to complete this information is estimated to average 20 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Form 4279-6 (Rev. 07-05) 7. Repurchase by the Lender (Defaults). The Lender has the option to repurchase the unpaid guaranteed portion of the loan from the Holder within 30 days of written demand by the Holder when: (a) the Borrower is in default not less than 60 days on principal or interest due on the loan or (b) the Lender has failed to remit to the Holder its pro rata share of any payment made by the Borrower or any loan subsidy within 30 days of its receipt thereof. The repurchase by the Lender will be for an amount equal to the unpaid guaranteed portion of principal and accrued interest, less the Lender's servicing fee. The loan note guarantee will not cover the note interest to the Holder on the guaranteed loan accruing after 90 days from the date of the demand letter to the lender requesting the repurchase. Holder will concurrently send a copy of demand to USDA. The Lender will accept an assignment without recourse from the Holder upon repurchase. The Lender is encouraged to repurchase the loan to facilitate the accounting for funds, resolve the problem, and to permit the borrower to cure the default, where reasonable. The Lender will notify the Holder and USDA of its decision.
Rights and Liabilities. The guarantee and right to require pur- chase will be directly enforceable by Holder notwithstanding any fraud or misrepresenta- tion by Lender or any unenforceability of this Loan Note Guarantee—DARBE by Lend- er. Nothing contained herein will constitute any waiver by FmHA or its successor agency under Public Law 103–354 of any rights it pos- sesses against the Lender. Lender will be lia- ble for and will promptly pay to FmHA or its successor agency under Public Law 103–354 any payment made by FmHA or its successor agency under Public Law 103–354 to Holder which if such Lender had held the xxxxxx- xxxx portion of the loan, FmHA or its suc- cessor agency under Public Law 103–354 would not be required to make.
Rights and Liabilities. The guarantee and right to require purchase will be directly enforceable by Holder notwithstanding any fraud or misrepresentations by Lender or any unenforceability of the Loan Note Guar- xxxxx—XXXXX by Xxxxxx. Nothing con- tained herein shall constitute any waiver by FmHA or its successor agency under Public Law 103–354 of any rights it possesses against the Lender, and the Lender agrees that Lender will be liable and will promptly xxxx- xxxxx FmHA or its successor agency under Public Law 103–354 for any payment made by FmHA or its successor agency under Public Law 103–354 to Holder which, if such Lender had held the guaranteed portion of the loan, FmHA or its successor agency under Public Law 103–354 would not be required to make. The Holder(s) upon written notice to the Lender may resell the unpaid balance of the guaranteed portion of the loan assigned here- under. An endorsement may be added to the Form FmHA or its successor agency under Public Law 103–354 1980–73 to effectuate the transfer.
Rights and Liabilities. The Parties are authorized to discuss and agree on their respective rights; fair and reasonable allocation of liabilities among the Parties; apportionment of damages; satisfaction of claims; procurement of insurance and management of claims thereunder; and indemnities for activities under this Agreement; matters pertaining to cargo loss or damage, damage or loss to containers or other equipment; schedule or delivery delays; loss or damage to a vessel; accidents; hazardous, dangerous, breakbulk, or oversized cargo; loss or damage caused by cargo; damage to persons or property; failure to perform; force majeure; and any other liability among the Parties or to third parties.
Rights and Liabilities. The guarantee and right to require purchase will be directly enforceable by Holder notwithstanding any fraud or misrepresentation by Lender or any unenforceability of the Loan Note Guarantee by Lender. Nothing contained herein shall constitute any waiver by USDA of any rights it possesses against the Lender, and the Lender agrees that Xxxxxx will be liable and will promptly reimburse USDA for any payment made by USDA to Holder which, if such Xxxxxx had held the guaranteed portion of the loan, USDA would not be required to make. The Holder upon written notice to the Lender and USDA may resell the unpaid balance of the guaranteed portion of the loan assigned hereunder.
Rights and Liabilities. At the Effective Time:
Rights and Liabilities. The guarantee and right to require purchase will be directly enforceable by Holder not withstanding any fraud or misrepresentations by Lender or any unenforceability of the Loan Note Guarantee by Xxxxxx. Nothing contained herein shall constitute any waiver by Government of any rights it possesses against the Lender, and the Lender agrees that Xxxxxx will be liable RD 449-36 (Rev. 4-00) According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0575-0137. The time required to complete this information collection is estimated to average 2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. and will promptly reimburse Government for any payment made by Government to Holder which, if such Lender had held the guaranteed portion of the loan, Government would not be required to make. The Holder(s) upon written notice to the Lender may resell the unpaid balance of the guaranteed portion of the loan assigned hereunder. An endorsement may be added to the Form RD 449-36 to effectuate the transfer.
Rights and Liabilities. 2.1 THE PRESIDENT hereby grants to the Working Interest Owners the Petroleum concessions and other rights more particularly described in this Agreement, including but not limited to conducting or causing to be conducted Petroleum exploration, prospecting, development and production operations hereunder including the transportation (whether by pipeline or otherwise), storage, terminalling, export and sale of Petroleum, subject to the provisions of this Agreement.
