Qualifying Underwriting definition
Examples of Qualifying Underwriting in a sentence
ERISA Qualifying Underwriting ----------------------------- A best efforts or firm commitment underwriting or private placement that meets the requirements (without regard to the ratings requirement or other requirements that the securities or the investor must satisfy) of the Underwriter Exemption, or any substantially similar administrative exemption granted by the U.S. Department of Labor.
Each purchaser of such Certificate will be deemed to have represented to the Trustee and the Servicer, by virtue of its acquisition of such Certificate, either that (i) it is not a Plan Investor or (ii) (A) it is a Plan Investor, (B) the Class A Certificates have been the subject of an ERISA Qualifying Underwriting and (C) the Class A Certificates are rated in one of the four highest generic rating categories at the time of purchase.
ERISA Qualifying Underwriting: A best efforts or firm commitment underwriting that meets the requirements of either Prohibited Transaction Exemption 83-1 or an “Underwriter’s Exemption,” as defined in Section V(h) of Prohibited Transaction Exemption 95-60, except the requirements that the Certificates (i) not be subordinated to the rights and interest of other Certificates issued by the Trust and (ii) have a rating that is one of the top three ratings categories.
No transfer of all or any portion of the Class 2A-IO Certificates may be made to a proposed transferee that is a Plan Investor unless and until such Certificates have been the subject of an ERISA Qualifying Underwriting and are rated in one of the four highest generic ratings categories by S&P, ▇▇▇▇▇'▇ or Fitch at such time.
The Residual Certificates, the Private Certificates and, until they have been the subject of an ERISA Qualifying Underwriting, the Class 1-X, Class 2-X, Class 3-X, Class M, Class B-1 and Class B-2 Certificates; and any Certificate of a Class that does not or no longer satisfies the applicable rating requirement under the Underwriter's Exemption.
Each purchaser of this Certificate will be deemed to have represented to the Trustee, by virtue of its acquisition of this Certificate, that (i) it is not a Plan Investor or (ii) (a) it is a Plan Investor, (b) the Class 1A-IO Certificates have been the subject of an ERISA Qualifying Underwriting, and (c) the Class 1A-IO Certificates are rated in one of the four highest generic rating categories by S&P, ▇▇▇▇▇'▇ or Fitch at the time of purchase.
No transfer of all or ---------------------------------------- any portion of the Class 1A-IO or Class 2A-IO Certificates may be made to a Plan Investor, unless such Class A-IO Certificate has been the subject of an ERISA Qualifying Underwriting and such Certificate is rated in one of the four highest generic rating categories at the time of such transfer.
Each purchaser of such Certificate will be deemed to have represented to the Trustee, by virtue of its acquisition of such Certificate, either that (i) it is not a Plan Investor or (ii) (A) it is a Plan Investor, (B) the Class A-IO Certificate has been the subject of an ERISA Qualifying Underwriting and (C) the Class A-IO Certificate is rated in one of the four highest generic rating categories at the time of purchase.
Each purchaser of this Certificate in book-entry form will be deemed to have represented, by virtue of its acquisition of this Certificate, either that (i) it is not a Plan Investor or (ii) the Class [B4] [B5] [B6] certificates have been the subject of an ERISA Qualifying Underwriting and the transferee is a Complying Insurance Company.
No transfer of all or any portion of the Class 1A-IO Certificates may be made to a proposed transferee that is a Plan Investor unless and until such Certificates have been the subject of an ERISA Qualifying Underwriting and are rated in one of the four highest generic ratings categories by S&P, ▇▇▇▇▇'▇ or Fitch at such time.