MBIA Insurance Corporation definition

MBIA Insurance Corporation. (the "Certificate Insurer") has issued a surety bond with respect to the Class A-1 Certificates, a copy of which is attached as Exhibit B-1 to the Agreement. Subject to certain restrictions, the Agreement permits the amendment thereof by the Depositor, the Servicer and the Trustee. Subject to the rights of the Certificate Insurer, the Agreement permits the Majority Certificateholders to waive, on behalf of all Certificateholders, any default by the Servicer in the performance of its obligations under the Agreement and its consequences, except in a default in making any required distribution on a Certificate. Any such consent or waiver by the Majority Certificateholders shall be conclusive and binding on the holder of this Certificate and upon all future holders of this Certificate and of any Certificate issued upon the transfer hereon or in exchange herefor or in lieu hereof whether or not notation of such consent is made upon this Certificate. As provided in the Agreement and subject to certain limitations therein set forth, the transfer of this Certificate is registrable in the Certificate Register upon surrender of this Certificate for registration of transfer at the offices or agencies maintained by the Trustee in New York, New York duly endorsed by, or accompanied by a written instrument of transfer in form satisfactory to, the Trustee, duly executed by the holder hereof or such holder's attorney duly authorized in writing, and thereupon one or more new Certificates of authorized denominations evidencing the same aggregate undivided Percentage Interest will be issued to the designated transferee or transferees. The Certificates are issuable only in fully-registered form. As provided in the Agreement and subject to certain limitations therein set forth, the Certificate is exchangeable for a new Certificate evidencing the same undivided ownership interest, as requested by the holder surrendering the same. No service charge will be made for any such registration of transfer or exchange, but the Trustee may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection therewith. The Servicer, the Depositor, the Seller and the Trustee and any agent of any of the foregoing, may treat the person in whose name this Certificate is registered as the owner hereof for all purposes, and none of the foregoing shall be affected by notice to the contrary. The obligations created by the Agreement shall terminate upon notice to...
MBIA Insurance Corporation. (the "Bond Insurer"), in consideration of the payment of the premium and subject to the terms of the financial guaranty insurance policy (the "Bond Insurance Policy") issued thereby, has unconditionally and irrevocably guaranteed the payment of the Insured Payment. The Bond Insurance Policy will not cover any Prepayment Interest Shortfalls, Relief Act Shortfalls or Carry-Forward Amount. All principal and interest accrued on the Bonds, if not previously paid, will become finally due and payable at the Final Scheduled Payment Date. The Bonds are subject to redemption in whole, but not in part, by the Issuer on any Payment Date on or after the earlier of (i) the Payment Date on which the aggregate Principal Balance of the Mortgage Loans is less than or equal to 25% of the sum of the aggregate Principal Balance of the Initial Mortgage Loans as of the Cut-Off Date and the Original Pre-Funded Amount and (ii) the Payment Date in December 2004. The Issuer shall not be liable upon the indebtedness evidenced by the Bonds except to the extent of amounts available from the Trust Estate which constitutes security for the payment of the Bonds. The assets included in the Trust Estate and payments under the Bond Insurance Policy will be the sole source of payments on the Bonds, and each Holder hereof, by its acceptance of this Bond, agrees that (i) such Bond will be limited in right of payment to amounts available from the Trust Estate and the Bond Insurance Policy as provided in the Indenture and (ii) such Holder shall have no recourse to the Issuer, the Owner Trustee, the Indenture Trustee, the Company, the Servicer or any of their respective affiliates, or to the assets of any of the foregoing entities, except the assets of the Issuer pledged to secure the Bonds pursuant to the Indenture.
MBIA Insurance Corporation. (the "Note Insurer") has issued and delivered a note guaranty insurance policy, dated the Closing Date (with endorsements, the "Note Policy"), pursuant to which the Note Insurer guarantees Insured Payments, as defined in the Note Policy. As an inducement to the Note Insurer to issue and deliver the Note Policy, the Issuer and the Note Insurer have executed and delivered the Insurance and Indemnity Agreement, dated as of June 29, 2006 (as amended from time to time, in accordance with the terms thereof, the "Insurance Agreement") among the Note Insurer, the Issuer, Consumer Portfolio Services, Inc. and CPS Receivables Three Corp. As an additional inducement to the Note Insurer to issue the Note Policy, and as security for the performance by the Issuer of the Insurer Secured Obligations (as defined below) and as security for the performance by the Issuer of the Trustee Secured Obligations (as defined below), the Issuer has agreed to assign the Collateral (as defined below) as collateral to the Trustee for the benefit of the Issuer Secured Parties (as defined below), as their respective interests may appear. GRANTING CLAUSE The Issuer hereby Grants to the Trustee at the Closing Date, for the benefit of the Issuer Secured Parties, all right, title and interest of the Issuer, whether now existing or hereafter arising, in and to the following:

Examples of MBIA Insurance Corporation in a sentence

  • In the case of Trusts for which MBIA Insurance Corporation ("MBIA") insurance with respect to each of the Bonds deposited therein has been obtained by the Depositor or the issuer or underwriter of the Bonds, we have examined the form of MBIA's policy or several policies of insurance (the "Policies") which have been delivered to the Trustee.

  • MBIA Insurance Corporation (the "Certificate Insurer") is intended to be a third party beneficiary of this Agreement and is hereby recognized by the parties hereto to be a third-party beneficiary of this Agreement.

  • The rating is based upon an insurance policy provided by MBIA Insurance Corporation.

  • The table reflects MBIA Insurance Corporation including its subsidiary MBIA UK Limited.

  • This Note is entitled to the benefits of an irrevocable and unconditional financial guaranty insurance policy issued by MBIA Insurance Corporation.


More Definitions of MBIA Insurance Corporation

MBIA Insurance Corporation. (the "Insurer"), in consideration of the payment of the premium and subject to the terms of this policy, hereby unconditionally and irrevocably guarantees to any owner, as hereinafter defined, of the following described obligations, the full and complete payment required to be made by or on behalf of the Issuer to The Bank of New York or its successor (the "Paying Agent") of an amount equal to (i) the principal of the Obligations (as that term is defined below) on the initial mandatory tender date of June 15, 2003 and interest on the Obligations as such payments become due on and prior to such initial mandatory tender date but shall not be so paid (except that in the event of any acceleration of the due date of such principal by reason of mandatory or optional redemption, or acceleration resulting from default or otherwise, the payments guaranteed hereby shall be made in such amounts and at such times as such payments of principal would have been due had there not been any such acceleration); and (ii) the reimbursement of any such payment which is subsequently recovered from any owner pursuant to a final judgment by a court of competent jurisdiction that such payment constitutes an avoidable preference to such owner within the meaning of any applicable bankruptcy law. The amounts referred to in clauses (i) and (ii) of the preceding sentence shall be referred to herein collectively as the "Insured Amounts." "Obligations" shall mean: $100,000,000 DTE Capital Corporation Remarketed Notes, Series A due on the initial interest rate adjustment date of June 15, 2003 Upon receipt of telephonic or telegraphic notice, such notice subsequently confirmed in writing by registered or certified mail, or upon receipt of written notice by registered or certified mail, by the Insurer from the Paying Agent or any owner of an Obligation the payment of an Insured Amount for which is then due, that such required payment has not been made, the Insurer on the due date of such payment or within one business day after receipt of notice of such nonpayment, whichever is later, will make a deposit of funds, in an account with State Street Bank and Trust Company, N.A., in New York, New York, or its successor, sufficient for the payment of any such Insured Amounts which are then due. Upon presentment and surrender of such Obligations or presentment of such other proof of ownership of the Obligations, together with any appropriate instruments of assignment to evidence the assignment of t...
MBIA Insurance Corporation. (the "Note Insurer"), in consideration of the payment of the premium and subject to the terms of the note guaranty insurance policy (the "Note Insurance Policy") issued thereby, has unconditionally and irrevocably guaranteed the payment of the Insured Payment with respect to each Payment Date. The Note Insurance Policy will not cover any Available Funds Cap Carry-Forward Amount. All principal and interest accrued on the Notes, if not previously paid, will become finally due and payable at the Final Scheduled Payment Date. The Notes are subject to redemption in whole, but not in part, by the Servicer on any Payment Date on which the aggregate Principal Balance of the Mortgage Loans is less than or equal to 5% of (i) the aggregate Principal Balance of the Group 2 Mortgage Loans as of the Cut-off Date and (ii) the amount on deposit in the Group 2 Pre-Funding Account on the Closing Date. The Issuer shall not be liable upon the indebtedness evidenced by the Notes except to the extent of amounts available from the Trust Estate which constitutes security for the payment of the
MBIA Insurance Corporation. (the "Insurer") has issued a financial guaranty insurance policy (the "Policy") containing the following provisions, such policy being on file at The Bank of New York, 101 Barclay Street, Floor 8W, New York, New York 10286
MBIA Insurance Corporation. (the "Note Insurer") has issued and delivered a financial guaranty insurance policy, dated as of the Closing Date (such policy, together with the related endorsements, the "Policy"), pursuant to which the Note Insurer guarantees certain scheduled payments on the Notes. As an inducement to the Note Insurer to issue and deliver the Policy, the Issuer has executed and delivered the Insurance and Indemnity Agreement, dated as of the Closing Date (as amended from time to time, the "Insurance Agreement"), between the Note Insurer, the Trustee, the Backup Servicer, the Issuer and Reliance Acceptance Corporation. As an additional inducement to the Note Insurer to issue the Policy, and as security for the performance by the Issuer of the Secured Obligations, the Issuer has agreed to assign the Indenture Collateral as collateral to the Trustee for the benefit of the Note Insurer.
MBIA Insurance Corporation. (the "Insurer") has issued and delivered a financial guaranty insurance policy for the Notes and the Class S Certificates, dated the Closing Date (the "Policy"), pursuant to which the Insurer guarantees the Insured Payments (as defined in the Policy). As an inducement to the Insurer to issue and deliver the Policy, the Issuer and the Insurer have executed and delivered the Insurance Agreement, dated as of November 1, 2001 (as amended from time to time, the "Insurance Agreement"), among the Insurer, the Issuer, GreenPoint Mortgage Funding, Inc., GreenPoint Mortgage Securities Inc. and the Indenture Trustee. As an additional inducement to the Insurer to issue the Policy, and as security for the performance by the Issuer of the Insurer Issuer Secured Obligations and as security for the performance by the Issuer of the Indenture Trustee Issuer Secured Obligations, the Issuer has agreed to grant and assign the Collateral (as defined below) to the Indenture Trustee for the benefit of the Issuer Secured Parties, as their respective interests may appear.
MBIA Insurance Corporation. (the "Note Insurer"), the Servicer, the Backup Servicer, the Indenture Trustee, Paragon and the Seller, the Note Insurer has issued its financial guaranty insurance policy (the "Policy") to the Indenture Trustee for the benefit of the Noteholders guaranteeing timely payment of interest on and principal of the Notes. The Notes will be issued pursuant to an Indenture, to be dated as of the Closing Date (the "Indenture"), between the Trust and the Indenture Trustee. The Certificates will be issued pursuant to a Trust Agreement, to be dated as of the Closing Date (the "Trust Agreement"), between the Seller and the Trustee. The Seller has prepared in conformity in all material respects with the provisions of the Securities Act of 1933, as amended (the "Act"), and the rules and regulations of the Commission thereunder (the "Rules and Regulations"), and filed with the Securities and Exchange Commission (the "Commission") a registration statement (Reg. No. 333-63697), including a prospectus, relating to the Notes. The registration statement as amended at the time it became effective, or, if any post-effective amendment has been filed with respect thereto, as amended by the most recent post-effective amendment at the time of its effectiveness, is referred to as the "Registration Statement." The form of base prospectus included in the Registration Statement as most recently filed with the Commission is referred to as the "Base Prospectus." The form of the prospectus which includes the Base Prospectus dated March 18, 1999 and a prospectus supplement describing the Notes and the offering thereof dated March 24, 1999 (the "Prospectus Supplement"), which prospectus will be filed on or after the date of this Agreement in accordance with Rule 424(b), is referred to in this Agreement as the "Prospectus."
MBIA Insurance Corporation. (the "Security Insurer") has issued and delivered a note guaranty insurance policy, dated the Closing Date (with endorsements, if any, the "Note Policy"), pursuant to which the Security Insurer guarantees the Insured Obligations (as defined in the Note Policy). As an inducement to the Security Insurer to issue and deliver the Note Policy, the Trustee, the Servicer, Franklin Resources, Inc., the Seller and the Security Insurer have executed and delivered the Insurance and Reimbursement Agreement, dated as of March 28, 2000 (as amended from time to time, the "Insurance Agreement"). As an additional inducement to the Security Insurer to issue the Note Policy, and as security for the performance by the Issuer of the Insurer Issuer Secured Obligations and as security for the performance by the Issuer of the Trustee Issuer Secured Obligations, the Issuer has agreed to assign the Collateral as collateral to the Indenture Collateral Agent for the benefit of the Issuer Secured Parties, as their respective interests may appear. GRANTING CLAUSE The Issuer hereby Grants to the Indenture Collateral Agent at the Closing Date, for the benefit of the Issuer Secured Parties to secure the Issuer Secured Obligations, all of the Issuer's right, title and interest in and to (a) the Receivables, all monies representing interest and principal payments received thereunder after the Cutoff Date and, with respect to Precomputed Receivables, monies representing interest and principal payments received thereunder prior to the Cutoff Date that are due on or after the Cutoff Date; (b) an assignment of the security interests in the Financed Vehicles granted by Obligors pursuant to the Receivables and any other interest of the Issuer in the Financed Vehicles; (c) any proceeds with respect to the Receivables repurchased by a Dealer, pursuant to a Dealer Agreement, as a result of a breach of representation or warranty in the related Dealer Agreement; (d) any proceeds with respect to the Receivables from claims on any physical damage, credit life or disability insurance policies covering Financed Vehicles or Obligors and any proceeds from the liquidation of the Receivables; (e) all funds on deposit from