Examples of Underlying Loan Agreement in a sentence
The relevant Servicer will manage and collect payments on the Purchased Loan Receivables in compliance with the Servicing Agreements, the Credit and Collection Policies and the relevant loan agreement underlying a Purchased Loan Receivable (each, an "Underlying Loan Agreement") and may negotiate and agree on certain amendments, modifications of, or waiver in relation to, the Underlying Loan Agreements in accordance with the Credit and Collection Policies.
A Borrower under an Underlying Loan Agreement related to such Purchased Loan Receivable that is secured by Relevant Related Collateral (other than accessory collateral) could have a defence against the Guarantor that payment on such Purchased Loan Receivable needs to be made only against retransfer (Zug um Zug) of a corresponding portion of the Relevant Related Collateral.
The court also stated that, where the Underlying Loan Agreement qualifies as a business transaction (Handelsgeschäft) within the meaning of Section 343 of the German Commercial Code (Handelsgesetzbuch) for both the borrower and the bank (see "Assignability of the Loan Receivables"), Section 354a of the German Commercial Code would allow the valid assignment of a monetary claim resulting from such business transaction despite a contractual restriction on assignment agreed between the parties.
The article was Berkhoff and Carynnyk,“The Organization of Ukrainian Nationalists,” 149–84; V’iatrovych, Stavlennia OUN, 9.
Each Underlying Loan Agreement will contain customary representations and warranties from the applicable Borrower to the originator of the Underlying Loan and the benefit of such representations and warranties will be assigned to the Issuer as part of the acquisition of the Underlying Loans.