Swap Provider Default definition
Examples of Swap Provider Default in a sentence
The Remarketing Agent may be removed at any time by the Swap Provider (unless a Swap Provider Default has occurred and is continuing), subject to the terms and conditions of the Remarketing Agreement.
Except as specifically authorized hereunder, the Servicer may not assign or delegate any of its power, rights or obligations under this Agreement absent the prior written consent of Certificateholders with aggregate Fractional Interests representing 51% or more of the Trust and the prior written consent of RUS and, unless a Swap Provider Default has occurred and is continuing, the Swap Provider and any attempt to do so without such consent shall be void.
If an Event of Servicing Termination or Swap Provider Default, has occurred (which has not been cured), the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in their exercise, as a prudent person would exercise or use under the circumstances in the conduct of such persons's own affairs.
The Trustee may be removed without cause by the Servicer or, with the consent of the Servicer and, unless a Swap Provider Default has occurred and is continuing, the Swap Provider, Certificateholders with aggregate Fractional Interests of 51% or more of the Trust.
Unless a Swap Provider Default shall have occurred and be continuing, from and after six (6) months after the Refinancing Date, the Remarketing Agent may be removed or replaced, for lack of performance, by not less than 30 days' prior written notice signed by the Swap Provider delivered to the Remarketing Agent.
The Trustee, with the consent of the Swap Provider (unless a Swap Provider Default has occurred and is continuing), shall appoint an Eligible Servicer as successor Servicer and such successor Servicer shall accept its appointment by a written assumption in a form acceptable to the Trustee and shall agree in writing to be the Servicer under the Notes and the Guarantee and to enforce the Trustee's rights thereunder.
Certificateholders with aggregate Fractional Interests representing 51% or more of the Trust (with the consent of the Swap Provider unless a Swap Provider Default has occurred and is continuing ) may on behalf of Certificateholders waive any past Event of Servicing Termination or Swap Provider Default hereunder and its consequences; but no such waiver shall extend to any subsequent or other Event of Servicing Termination or Swap Provider Default or impair any right consequent thereof.
Upon resignation or removal of the Remarketing Agent or upon termination of the Remarketing Agreement (other than termination of the Remarketing Agreement due to termination of the Swap Agreement), the Cooperative, with the advice and consent of the Swap Provider (unless a Swap Provider Default has occurred and is continuing), shall appoint a successor Remarketing Agent.