Undelivered Contract definition

Undelivered Contract means as of any date of determination an Initial or -------------------- Additional Contract identified, on the exception report attached to the Acknowledgement delivered by the Trustee under Section 2.04, as a Land-and-Home Contract as to which the Trustee did not receive the related Land-and-Home Contract File as of the Closing Date and has not received the related Land-and- Home Contract File and remitted payment to the Seller pursuant to Section 8.07(c).

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Undelivered Contract means as of any date of determination an Initial Contract identified, on the exception report attached to the Acknowledgement delivered by the Trustee under Section 2.04, as a Contract as to which the Trustee did not receive the related Contract File as of the Closing Date and has not received the related Contract File and remitted payment to the Company pursuant to Section 8.07(d).

Undelivered Contract means any Contract that is listed in the Disclosure Schedules but that is not Made Available to Purchaser. “Undelivered Contract Obligations” means, with respect to any Undelivered Contract: (i) any payment obligations not in the ordinary course of business, including any change-of-control, consent, novation or assignment fees, termination or break fees, liquidated damages, make-whole amounts, penalties, success fees, acceleration amounts, or similar extraordinary charges that become due as a result of the consummation of the transactions contemplated by this Agreement or the failure to deliver such contract; (ii) any liability, loss, cost, or expense arising from or relating to any breach, default, nonperformance, or failure to obtain any required consent, waiver, or novation under such Undelivered Contract to the extent attributable to periods prior to the Closing, the consummation of the transactions contemplated by this Agreement, or the failure to deliver such contract; and (iii) any material non-monetary, off-market, or unusual covenants, obligations, restrictions, or rights binding on the Acquired Companies under such Undelivered Contract (whether or not separately stated as fees), including any exclusivity or requirements obligations, most-favored-nation or price protection, rights of first refusal/offer, standstill or no- shop, non-compete or non-solicit, take-or-pay or minimum volume commitments, output or

Examples of Undelivered Contract in a sentence

The Undelivered Contract Subaccount pertains to those Land-and-Home Contracts transferred to the Trust on the Closing Date that are Undelivered Contracts.
The Trustee shall deposit in the Undelivered Contract Subaccount the amount received from the Seller pursuant to Section 2.02(u).
The Trustee shall deposit in the Undelivered Contract Subaccount the amount received from the Seller pursuant to Section 2.02(w).
The Trustee shall deposit in the Undelivered Contract Subaccount the amount received from the Company pursuant to Section 2.02(u).
On the Remittance Date occurring in January 1998, the Trustee shall withdraw the balance on deposit in the Undelivered Contract Account (including any investment earnings thereon), and shall deposit such funds in the Certificate Account for distribution on such Remittance Date in accordance with Section 8.03.
On or before the Closing Date, the Trustee shall establish the Undelivered Contract Account on behalf of the Trust with an Eligible Institution, and shall deposit therein an amount equal to the Undelivered Contract Deposit.
The Pre-Funding Account shall be entitled "Pre-Funding Account, U.S. Bank National Association as Trustee for the benefit of holders of Certificates, Series 1999-4." The Trustee shall maintain within the Pre-Funding Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount.
The Pre-Funding Account shall be entitled "Pre-Funding Account, U.S. Bank National Association as Trustee for the benefit of holders of Certificates, Series 2000- 6." The Trustee shall maintain within the Pre-Funding Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount.
The Pre-Funding Account shall be entitled "Pre-Funding Account, U.S. Bank National Association as Trustee for the benefit of holders of Certificates, Series 2002-2." The Trustee shall maintain within the Pre- 109 Funding Account two subaccounts, the Pre-Funding Subaccount and the Undelivered Contract Subaccount.
By the execution and delivery of this Agreement, the Company has agreed that it will elect or will cause an election to be made to treat the pool of assets comprising the Trust, excluding the Staged-Funding Contract Reserve Account, the obligation and related demand note of the Company pursuant to Section 3.05(c), the Capitalized Interest Account, the Pre-Funding Account and the Undelivered Contract Account, as a REMIC.

More Definitions of Undelivered Contract

Undelivered Contract means as of any date of determination an Initial or -------------------- Additional Home Equity Contract identified, on the exception report attached to the Acknowledgement delivered by the Trustee under Section 2.04, as a Contract as to which the Trustee did not receive the related Contract File as of the Closing Date and has not received the related Contract File and remitted payment to the Company pursuant to Section 8.09(c).