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However, this does not constitute a default.
It said the move did not constitute a default at this point.
"In our system it's very clear — a missed payment does constitute a default.
The association, however, provided guidance on Thursday that a voluntary swap would not constitute a default.
"If an exchange is done in a voluntary manner that would not constitute a default," said Desmond Lachman, director of emerging markets economic research at Salomon smith Barney.
This is the committee that will likely rule that the Greek deal would not constitute a default.
The mortgage contains details about the terms of the loan, the payment of escrows, and actions that could constitute a default that could lead to foreclosure.
They often fail to lay down clearly what would constitute a default for the purpose of triggering payment to holders of such derivatives.
Last month, Beazer sued U.S. Bank in federal court in Atlanta, seeking a ruling that a delay in filing its 10-Q quarterly financial report did not constitute a default on $1.3 billion of outstanding notes.
The letter calls for the Department of Education to immediately determine a way to identify when schools are improperly averting defaults, and to clarify "what default aversion policies are appropriate and what policies essentially constitute a default manipulation".
But Treasury Secretary Jacob J. Lew has said prioritizing those payments still would constitute a default because the government would not be paying all its obligations.
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