Sentences with phrase «consummation if»

The existing rule allows creditors to issue a revised disclosure prior to 60 days before consummation if the original Loan Estimate clearly and conspicuously states that a revised disclosure could be provided.

The proposal noted that TILA section 128 (b)(2)(D) requires that a corrected TILA disclosure be received by the consumer three business days prior to consummation if the APR as initially disclosed becomes inaccurate, and stated that the Bureau understands that because of the high frequency of annual percentage rate changes triggering the corrected TILA disclosure obligation, many creditors currently provide the corrected TILA disclosure as a matter of course even if it is not required.

In addition, pursuant to final § 1026.19 (f)(2)(iii), consumers will receive corrected disclosures after consummation if a subsequent event changes an amount actually paid by the consumer.

Found on page 5 of the Closing Disclosure (Liability after Foreclosure), the consumer must be informed before the time of consummation if state law protections are afforded under any anti-deficiency law and the effect of any loss of this protection.

Not exact matches

Fresenius stated that «[t] he consummation of the transaction may be affected if the closing conditions under the merger agreement are not met.»

Under certain circumstances, including if the public offering occurs prior to March 24, 2015, or if the right to purchase shares in the public offering conflicts with applicable securities laws, or if some other legal impediment or requirement would prevent or materially delay the consummation of or unreasonably interfere with either such offering or the purchase of the shares by Passport in such offering, then instead of the right to purchase shares in the public offering, Passport would have the right to purchase the same number of shares, at the same purchase price the shares in the public offering are sold to the public, in a separate and concurrent private placement transaction.

We provide information below about (1) the circumstances under which the vesting of these options and stock awards would accelerate upon termination of employment or the consummation of an «acquisition transaction» (as defined below) and (2) the hypothetical value each such named executive would have received, if any, upon the vesting of any of these option or stock awards as of that date under those circumstances, assuming each named executive's employment with the Company had terminated or the acquisition had been consummated as of December 31, 2011 and based on an NYSE closing price per share of our common stock of $ 27.56 on December 30, 2011, the last trading date in 2011.

Actual results may vary materially from those expressed or implied by forward - looking statements based on a number of factors, including, without limitation: (1) risks related to the consummation of the Merger, including the risks that (a) the Merger may not be consummated within the anticipated time period, or at all, (b) the parties may fail to obtain shareholder approval of the Merger Agreement, (c) the parties may fail to secure the termination or expiration of any waiting period applicable under the HSR Act, (d) other conditions to the consummation of the Merger under the Merger Agreement may not be satisfied, (e) all or part of Arby's financing may not become available, and (f) the significant limitations on remedies contained in the Merger Agreement may limit or entirely prevent BWW from specifically enforcing Arby's obligations under the Merger Agreement or recovering damages for any breach by Arby's; (2) the effects that any termination of the Merger Agreement may have on BWW or its business, including the risks that (a) BWW's stock price may decline significantly if the Merger is not completed, (b) the Merger Agreement may be terminated in circumstances requiring BWW to pay Arby's a termination fee of $ 74 million, or (c) the circumstances of the termination, including the possible imposition of a 12 - month tail period during which the termination fee could be payable upon certain subsequent transactions, may have a chilling effect on alternatives to the Merger; (3) the effects that the announcement or pendency of the Merger may have on BWW and its business, including the risks that as a result (a) BWW's business, operating results or stock price may suffer, (b) BWW's current plans and operations may be disrupted, (c) BWW's ability to retain or recruit key employees may be adversely affected, (d) BWW's business relationships (including, customers, franchisees and suppliers) may be adversely affected, or (e) BWW's management's or employees» attention may be diverted from other important matters; (4) the effect of limitations that the Merger Agreement places on BWW's ability to operate its business, return capital to shareholders or engage in alternative transactions; (5) the nature, cost and outcome of pending and future litigation and other legal proceedings, including any such proceedings related to the Merger and instituted against BWW and others; (6) the risk that the Merger and related transactions may involve unexpected costs, liabilities or delays; (7) other economic, business, competitive, legal, regulatory, and / or tax factors; and (8) other factors described under the heading «Risk Factors» in Part I, Item 1A of BWW's Annual Report on Form 10 - K for the fiscal year ended December 25, 2016, as updated or supplemented by subsequent reports that BWW has filed or files with the SEC.

We provide information below about (1) the circumstances under which the vesting of these options and stock awards would accelerate upon termination of employment or the consummation of an «acquisition transaction» (as defined below) and (2) the hypothetical value each such named executive would have received, if any, upon the vesting of any of these option or stock awards as of that date under those circumstances, assuming each named executive's employment with the Company had terminated or the acquisition had been consummated as of December 31, 2010 and based on an NYSE closing price per share of our common stock on that date of $ 30.99.

If it is true that Jesus did not know the day or the hour of the kingdom's consummation, that would be because in his full assumption of our fallen state he has assumed the limits of human knowledge that go along with it.

It demands that inward truth become real life if it is to remain truth: «A drop of Messianic consummation must be mingled with every hour; otherwise the hour is godless, despite all piety and devoutness.»

«If the consummation of the material creation is man, and the consummation of man is to be found in the adoption of the sons of God in Himself, then the expectation of the Incarnation should be fundamental to the developmental plan of the universe.

At no point in this process does the incarnate Word or Spirit assume a final and definitive form, just as God himself can never be wholly or simply identified with any given revelatory event or epiphany, if only because the divine process undergoes a continual metamorphosis, ever moving more deeply and more fully toward an eschatological consummation.

And if it is both, is the full consummation of the Kingdom to be in the immediate future or at some indefinite time known only to God?

Whatever the form of the next passage, whatever the intentional identity of Servant and speaker, the proclamation of consummation is unambiguous, and all the more so if it is the nations who speak:

At no point in this process does the incarnate Word or Spirit assume a final and definitive form, just as God himself can never be wholly or simply identified with any given revelatory event or epiphany, if only because the divine process undergoes a continual metamorphosis, ever moving more deeply and fully toward an eschatological consummation.17

If this is so, we would expect to see this consummation in Christ foreshadowed in the nature of Revelation.

What is the meaning of the life of an individual with all its suffering and frustration if it be but a stage on the way to some future consummation in an infinitely removed time?

If this be the case, then an understanding of the kingdom in three senses — the eternal, righteous rule of the sovereign God; the call to moral obedience in love; and an apocalyptic final consummation — seems less inconsistent in the thought of Jesus than they have often been assumed to be.

In broad terms it may be affirmed that the Human, having become aware of its uncompleted state, can not lend itself without reluctance, still less give itself with passion, to any course that may attract it unless there be some kind of discernible and definitive consummation to be looked for at the end, if only as a limit.

«We speak on this subject very cautiously and diffidently,» he writes, «rather by way of discussion than coming to definite conclusions... We suppose that the goodness of God will restore the whole creation to unity in the end... If anyone thinks that matter will be utterly destroyed, it passes my comprehension how all these substances can live and exist without material bodies, since to live without material substance is the privilege of God alone... Another perhaps may say that in the consummation all matter will be so purified that it may be thought of as a kind of ethereal substance... But only God knows.»

If the human mind, enlightened by the grace of God which is offered to every man, will lift its eyes a little from the earth, it will see the mighty consummation in the human nature of Christ of the whole process of living development through evolution.

At any rate real understanding of the problem is precluded if the futurity of the Kingdom is minimized, as by the supposition that belief in the coming Kingdom is based on the firm foundation of belief in the creation, and that the Kingdom of God is simply the consummation of the creation.

If we can derive no meaning for our lives from our involvement in the immediate events of history, perhaps we can endow them with significance as a part of an overarching movement toward a distant consummation.

If history is driven by inexorable forces, and if we can have no confidence in an ultimate consummation of the evolutionary process, then must we not seek meaning herIf history is driven by inexorable forces, and if we can have no confidence in an ultimate consummation of the evolutionary process, then must we not seek meaning herif we can have no confidence in an ultimate consummation of the evolutionary process, then must we not seek meaning here?

In many ways, it was the composite (if not the consummation) of many impulses, the response to many needs, the embodiment of many hopes.

In Louisiana, Alabama, Mississippi and Florida, if you voluntarily repay your loan in full within one year from the date you make the loan, you will be required to reimburse to us any reasonable, bonafide third - party costs that were waived at consummation and paid by us on your behalf.

In the comment letter, NAR advocated for adoption of the proposed rule, which allows for lenders» flexibility in being able to reissue a CD to determine if a closing cost was disclosed in good faith, regardless of when the CD is provided relative to consummation.

For example, if the loan term depends on the value of interest rate adjustments during the term of the loan, to calculate the maximum loan term, the creditor assumes that the interest rate rises as rapidly as possible after consummation, taking into account the terms of the legal obligation, including any applicable caps on interest rate adjustments and lifetime interest rate cap.

If, between the time the Closing Disclosure is first provided and consummation, the loan's APR becomes inaccurate (over and above the specified tolerance level), the loan product changes, or a prepayment penalty is added, a revised Closing Disclosure must be issued with an additional three - business - day period to review the transaction.

In addition, the final rule and commentary are consistent with Dodd - Frank Act section 1032 (a) because the features of mortgage loan transactions and settlement services will be more fully, accurately, and effectively disclosed to consumer in a manner that permits consumers to understand the costs, benefits, and risks associated with the mortgage loan and settlement services, if consumers receive the disclosures reflecting all of the terms and costs associated with their transactions at or before consummation, and if consumers are permitted a right to inspect the disclosures for changed terms during the business day before consummation.

In the proposal, the Bureau did not propose retaining this requirement because, under the proposed rule, the creditor would have been required to deliver the Closing Disclosure three business days before consummation, and redisclose with an additional three - business - day waiting period if any of the actual terms changed, except in very limited circumstances described in the section - by - section analysis of § 1026.19 (f)(2).

Some commenters were also concerned that the disclosure could be misleading if the creditor transfers servicing of a consumer's mortgage loan shortly after consummation and the servicer has a different partial payment policy.

If changes for any other reason occur after the initial Closing Disclosure is provided, the creditor must provide a corrected Closing Disclosure reflecting any changed terms to the consumer so that the consumer receives the corrected disclosures at or before consummation, pursuant to § 1026.19 (f)(2)(i).

For a closed - end credit transaction, prepayment penalty means a charge imposed for paying all or part of the transaction's principal before the date on which the principal is due, other than a waived, bona fide third - party charge that the creditor imposes if the consumer prepays all of the transaction's principal sooner than 36 months after consummation, provided, however, that interest charged consistent with the monthly interest accrual amortization method is not a prepayment penalty for extensions of credit insured by the Federal Housing Administration that are consummated before January 21, 2015.

In contrast, for example, assume that at consummation, the creditor waives $ 3,000 in closing costs to cover bona fide third - party charges but the terms of the loan agreement provide that the creditor may recoup $ 4,500 in part to recoup waived charges, if the consumer repays the entire loan balance sooner than 36 months after consummation.

The Bureau believes this consumer benefit will be achieved best if consumers receive the Closing Disclosure three business days before consummation to compare the terms with the Loan Estimate, ask questions, and consider all of their options before proceeding with the transaction.

The final rule and commentary are consistent with Dodd - Frank Act section 1032 (a) because the features of mortgage loan transactions and settlement services will be more fully, accurately, and effectively disclosed to consumer in a manner that permits consumers to understand the costs, benefits, and risks associated with the mortgage loan and settlement services if consumers receive corrected disclosures three business days before consummation when changes occur to the transaction that can impose significant, long - term risks on consumers.

If the term to maturity is adjustable, i.e., it is not known with certainty at consummation, the creditor complies with § 1026.37 (a)(8), if it discloses the possible range of the loan term, including the maximum number of years possible under the terms of the legal obligatioIf the term to maturity is adjustable, i.e., it is not known with certainty at consummation, the creditor complies with § 1026.37 (a)(8), if it discloses the possible range of the loan term, including the maximum number of years possible under the terms of the legal obligatioif it discloses the possible range of the loan term, including the maximum number of years possible under the terms of the legal obligation.

Thus, the Bureau believes a redisclosure to the consumer after consummation should be required only if a subsequent event changes a charge actually paid by the consumer and not for any change to the transaction.

The comments received in response to the proposed rule were extremely similar, if not the same, as the arguments of commenters discussed in the 2013 ATR Final Rule, the 2013 Loan Originator Final Rule, and the May 2013 ATR Final Rule, such as: That the identity of a loan originator is not needed to be disclosed, that the amount of loan originator compensation can not be calculated on the date of consummation due to post-consummation events such as quarterly bonus and profit - sharing compensation, that the term compensation is unclear and overly broad, that the amount of compensation is difficult to calculate, and that compensation to loan originators can be double - counted because both upfront fees and future interest payments can be the source of the funds used for compensating loan originators.

The final rule and commentary will ensure more effective advance disclosure of settlement costs by requiring that creditors permit consumers a right to inspect the Closing Disclosure during the business day preceding consummation; by requiring that, if settlement costs change before consummation, creditors provide a corrected Closing Disclosure containing all changed terms at or before consummation; and by permitting consumers to make necessary changes affecting the settlement of their transactions.

For purposes of this paragraph (b)(4), «prepayment penalty» means a charge imposed for paying all or part of a transaction's principal before the date on which the principal is due, other than a waived, bona fide third - party charge that the creditor imposes if the consumer prepays all of the transaction's principal sooner than 36 months after consummation.

A waived bona fide third - party charge imposed by the creditor if the consumer pays all of a covered transaction's principal before the date on which the principal is due sooner than 36 months after consummation.

Even if changes occurred after the initial Closing Disclosure was provided under the proposal, consumers would still have received a nearly accurate revised Closing Disclosure three business days before consummation.

The Bureau explained that applying the pre - and post-consummation partial payment policy disclosures to the same loans would promote the informed use of credit, because consumers who receive the disclosure before consummation would be informed if the policy has changed with the new ownership of the loan.

Thus, if one of those events occurs between the time the initial Closing Disclosure is provided and consummation, the creditor must provide a corrected Closing Disclosure with all changed terms, and must ensure that the consumer receives the disclosure three business days before consummation.

Proposed § 1026.19 (f)(2)(i), would have provided that if the consumer and the seller agree to make changes to the transaction that affect items previously disclosed, the creditor shall deliver revised disclosures reflecting such changes at or before consummation.

In general, the proposed rule would have required that consumers receive the Closing Disclosure three business days before consummation in all circumstances and that, if any revisions were made to the Closing Disclosure before consummation, consumers would receive a revised Closing Disclosure that would have triggered an additional three - business - day waiting period, subject to several limited exceptions.

Under § 1026.38 (e)(2)(iii)(A), calculation of the excess amounts above the limitations on increases in closing costs takes into account that the itemized, estimated closing costs disclosed on the Loan Estimate will not result in charges to the consumer if the service is not actually provided at or before consummation.