Termination 115 Sample Clauses

Termination 115. Section 9.01 Termination Upon Purchase by the Servicer or Liquidation of All Mortgage Loans 115 Section 9.02 Additional Termination Requirements 117 Section 9.03 Trust Irrevocable 118 ARTICLE X Miscellaneous Provisions 118 Section 10.01 Amendment 118 Section 10.02 Recordation of Agreement 119 Section 10.03 Limitation on Rights of Certificateholders 120 Section 10.04 Access to List of Certificateholders 120 Section 10.05 Governing Law 121 Section 10.06 Notices 121 Section 10.07 Compliance With Regulation AB 121 Section 10.08 Severability of Provisions 122 Section 10.09 Counterpart Signatures 122 Section 10.10 Benefits of Agreement 122 Section 10.11 Notices and Copies to Rating Agencies 122 Section 10.12 Covenant Not to Place Trust Into Bankruptcy 123 Section 10.13 Covenant Not to Place Company Into Bankruptcy 123
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Termination 115. Section 9.02. Termination Prior to Maturity Date; Optional Redemption. 115 Section 9.03. Certain Notices upon Final Payment 116 ARTICLE X MISCELLANEOUS PROVISIONS Section 10.01. Binding Nature of Agreement; Assignment 116 Section 10.02. Entire Agreement 116 Section 10.03. Amendment. 116 Section 10.04. Acts of Noteholders 117 Section 10.05. Recordation of Agreement 118 Section 10.06. Governing Law 118 Section 10.07. Notices 118 Section 10.08. Severability of Provisions 120 Section 10.09. Indulgences; No Waivers 121 Section 10.10. Headings Not To Affect Interpretation 121 Section 10.11. Benefits of Agreement 121 Section 10.12. Special Notices to the Rating Agencies. 121 Section 10.13. Counterparts 122 Section 10.14. Agreement of the Issuer 122 Section 10.15. Execution by the Issuer 122 ATTACHMENTS Exhibit A-1 Form of Initial Certification Exhibit A-2 Form of Interim Certification Exhibit A-3 Form of Final Certification Exhibit A-4 Form of Endorsement Exhibit A-5 Form of Request For Release Exhibit B Form of Lost Note Affidavit Exhibit C Custodial Agreement Exhibit D Custodial Account Letter Agreement Exhibit E Escrow Account Letter Agreement Exhibit F Standard Layout For Monthly Defaulted Loan Report Schedule A Mortgage Loan Schedule This TRANSFER AND SERVICING AGREEMENT, dated as of February 1, 2005 (this “Agreement” or this “Transfer and Servicing Agreement”), is by and among HOMEBANC MORTGAGE TRUST 2005-1, a Delaware statutory trust, as issuer (the “Issuer”), HMB ACCEPTANCE CORP., a Delaware corporation, as depositor (the “Depositor”), U.S. BANK NATIONAL ASSOCIATION, as indenture trustee (the “Indenture Trustee”), XXXXX FARGO BANK, N.A., as securities administrator (in such capacity, the “Securities Administrator”) and master servicer (in such capacity, the “Master Servicer”) and HOMEBANC CORP., a Georgia corporation, as seller (in such capacity, the “Seller”) and servicer (in such capacity, the “Servicer”).
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Termination 115. Section 10.01. Optional Repurchase of Offered Notes 115 Section 10.02. Termination 116 TABLE OF CONTENTS (Continued) Page
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Related to Termination 115

  • Termination Effect of Termination 29 7.1 Termination................................................................. 29 7.2

  • Termination; General The Underwriter may terminate this Agreement by notice to the Fund, at any time at or prior to Closing Time (i) if there has been, since the time of execution of this Agreement or since the respective dates as of which information is given in the Prospectus, any material adverse change in the condition, financial or otherwise, or in the earnings, business affairs or business prospects of the Fund or the Adviser, whether or not arising in the ordinary course of business, or (ii) if there has occurred any material adverse change in the financial markets in the United States or the international financial markets, any outbreak of hostilities or escalation thereof or other calamity or crisis or any change or development involving a prospective change in national or international political, financial or economic conditions, in each case the effect of which is such as to make it, in the judgment of the Underwriter, impracticable to market the Shares or to enforce contracts for the sale of the Shares, or (iii) if trading in any securities of the Fund has been suspended or materially limited by the Commission or the New York Stock Exchange, or if trading generally on the American Stock Exchange or the New York Stock Exchange or in the Nasdaq National Market has been suspended or materially limited, or minimum or maximum prices for trading have been fixed, or maximum ranges for prices for securities have been required, by any of said exchanges or by such system or by order of the Commission, the National Association of Securities Dealers, Inc. or any other governmental authority, or (iv) if a banking moratorium has been declared by either Federal or New York authorities.

  • Termination in General If Executive’s employment with the Company terminates for any reason, the Company will pay or provide to Executive: (i) any unpaid Salary through the date of employment termination, (ii) any unpaid Annual Bonus for the fiscal year prior to the fiscal year in which the termination occurs (payable at the time the bonuses are paid to employees generally), (iii) any accrued but unused vacation or paid time off in accordance with the Company’s policy, (iv) reimbursement for any unreimbursed business expenses incurred through the termination date, to the extent reimbursable in accordance with Section 3, and (v) all other payments or benefits (if any) to which Executive is entitled under the terms of any benefit plan or arrangement.

  • Termination With Cause The Master Servicer may, at its sole option, terminate any rights the Primary Servicer may have hereunder with respect to any or all of the Mortgage Loans, as provided in Section 4.01 of this Agreement upon the occurrence of a Primary Servicer Termination Event. Any notice of termination shall be in writing and delivered to the Primary Servicer as provided in Section 6.05 of this Agreement.

  • Survival; Termination The representations, warranties, and covenants of the respective parties shall survive the Closing Date and the consummation of the transactions herein contemplated for a period of two years.

  • Agreement Termination In the event Contractor is unable to fulfill its responsibilities under this Agreement for any reason whatsoever, including circumstances beyond its control, County may terminate this Agreement in whole or in part in the same manner as for breach hereof.

  • Termination for Cause by the Company (1) This Agreement and the Term may be terminated “for cause” by the Company pursuant to the provisions of this Subsection 6.A. If the Company determines that “cause” exists for termination of the Executive’s employment, written notice thereof must be given to the Executive describing the state of affairs or facts deemed by the Company to constitute such cause. Unless the Company determines that the conduct constituting cause is not curable, the Executive shall have thirty (30) days after receipt of such notice to cure the reason constituting cause and if the Executive does so to the reasonable satisfaction of the Company, the Term shall not be terminated for the cause specified in the notice. During such thirty (30) day period, the Term shall continue and the Executive shall continue to receive his full Base Salary, expenses and benefits pursuant to this Agreement. If such cause is not cured to the Company’s reasonable satisfaction within such thirty (30) day period, the Executive may then be immediately terminated by the Company. For purposes of this Agreement, the words “for cause” or “cause” means (i) dishonest statements or acts of the Executive with respect to the Company or any subsidiary or other affiliate of the Company; (ii) the commission by or indictment of the Executive for (A) a felony or (B) any misdemeanor involving moral turpitude, deceit, dishonesty or fraud (indictment, for these purposes, meaning an indictment, probable cause hearing or any other procedure pursuant to which an initial determination of probable or reasonable cause with respect to such offense is made); or (iii) gross negligence, willful misconduct or insubordination of the Executive with respect to the Company or any subsidiary or other affiliate of the Company.

  • TERMINATION FOR CAUSE BY CITY 4.05.1 If Contractor defaults under this Agreement, the Director may terminate this Agreement after providing Contractor written notice and an opportunity to cure the default as provided below. The City’s right to terminate this Agreement for Contractor’s default is cumulative of all rights and remedies that exist now or in the future. Default by Contractor occurs if:

  • Termination; Survival Following Termination (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that, (A) if the Company terminates this Agreement after the Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with Section 3(b)(v) with respect to such Shares and (B) Section 2, Section 6, Section 7 and Section 8 shall survive termination of this Agreement. If termination shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.

  • Termination This Agreement may be terminated at any time prior to the Closing:

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