12 CFR §1808.618
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)Events of default. The following shall constitute an event of default with respect to each Secondary Loan:
- (1)Nonpayment of interest when due and payable;
- (2)Nonpayment of principal when due and payable;
- (3)Failure of the Secondary Borrower to perform any condition or covenant under any Secondary Loan document;
- (4)Any representation or warranty of the Secondary Borrower made in connection with the Secondary Loan application or the Secondary Loan documents is false or incorrect in any material respect;
- (5)Principal or interest on any indebtedness of the Secondary Borrower or any subsidiary of the Secondary Borrower in excess of $100,000 is not paid when due (subject to a cure period);
- (6)The holder of any junior or parity lien on collateral institutes a proceeding to enforce a lien on the collateral;
- (7)The Secondary Borrower files bankruptcy or consents to the appointment of a receiver or trustee for itself or the collateral;
- (8)Any money judgment is filed against the Secondary Borrower and remains unvacated for a period of 60 days from filing; or
- (9)Any other events of default set forth in the Secondary Loan documents.
- (b)Remedies. The Qualified Issuer and the Guarantor will reserve certain rights to enforce (or direct enforcement of) remedies upon an event of default under the Secondary Loan documents.