Hypothecation or Pledge of Collateral. The Lender shall have free and unrestricted use of all Collateral and nothing in this Loan Agreement shall preclude the Lender from engaging in repurchase transactions with the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Collateral. Nothing contained in this Loan Agreement shall obligate the Lender to segregate any Collateral delivered to the Lender by the Borrower.
Hypothecation or Pledge of Collateral. Buyer shall have free and unrestricted use of all Collateral and nothing in this Agreement shall preclude Buyer from engaging in repurchase transactions with all or a portion of the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating all or a portion of the Collateral, so long as such pledge, re-pledge, transfer, hypothecation or re-hypothecation is not in violation of the Acknowledgment Agreement.
Hypothecation or Pledge of Collateral. The Lender shall have free and unrestricted use of all Collateral and nothing in this Warehouse Agreement shall preclude the Lender from engaging in repurchase transactions with the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Collateral. Nothing contained in this Warehouse Agreement shall obligate the Lender to segregate any Collateral delivered to the Lender by the Borrowers.
Hypothecation or Pledge of Collateral. Nothing in this Agreement shall preclude the Lender from engaging in repurchase transactions with any of the Collateral or otherwise pledging, repledging, hypothecating, or rehypothecating any of the Collateral, but no such transaction shall relieve the Lender of its obligations to the Borrower under this Agreement with respect to the Collateral.
Hypothecation or Pledge of Collateral. Lender shall have free and unrestricted use of all Collateral and nothing in this Agreement shall preclude Lender from engaging in repurchase transactions with all or a portion of the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating all or a portion of the Collateral. Lender may pledge, hypothecate, assign, transfer or otherwise convey the Collateral in connection with the CSFB Loan Agreement. No such transaction shall relieve Lender of its obligations to transfer Collateral to Borrower (and not substitutions thereof) pursuant to the terms hereof, or of Lender’s obligation to credit or pay Income to, or apply Income to the obligations of, Borrower. In furtherance, and not by limitation of, the foregoing, Borrower and Lender acknowledge and agree that Lender may make new borrowings from CSFB in which Lender may pledge, convey and transfer to CSFB certain or all of the Collateral pledged to Lender hereunder (the “Repledge Collateral”); provided that nothing set forth herein shall create an obligation on the part of CSFB to make advances to Borrower or Lender hereunder. Lender and Borrower acknowledge that CSFB has not been and shall not be involved in any decision relating to this Agreement and the transactions hereunder. In no event shall Borrower have any rights, claims or recourse against CSFB for any obligation of Lender hereunder or any actions on the part of CSFB with respect to any Repledge Collateral. The Lender and Borrower each acknowledges that its rights under this Agreement are subordinate and junior to any rights of the CSFB under the CSFB Loan Documents and the Security Agreement with respect to any Repledge Collateral, including without limitation, any right that the Borrower may have to reacquire any Repledge Collateral hereunder. In furtherance of the foregoing, Borrower waives any and all notice of the creation, renewal, extension or accrual of any of the obligations under the CSFB Loan Documents. The Borrower hereby agrees to cooperate and execute such documents as are reasonably requested, including without limitation, granting powers of attorney, in order to effectuate the provisions set forth herein.
Hypothecation or Pledge of Collateral. Subject to the relevant Acknowledgment Agreement with any Agency, Lender shall have free and unrestricted use of all Collateral and nothing in this Agreement shall preclude Lender from engaging in repurchase transactions with all or a portion of the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating all or a portion of the Collateral.
Hypothecation or Pledge of Collateral. Nothing in this Agreement shall preclude CSFB from transferring, pledging, repledging, hypothecating, or rehypothecating any of the Collateral, but no such transaction shall relieve CSFB of its obligations to the applicable Borrower under this Agreement or the Custody Agreement with respect to the Collateral or impair the Borrower's right to obtain the Collateral as provided herein.
Hypothecation or Pledge of Collateral. Nothing in this Loan Agreement shall preclude the Lender from engaging in repurchase transactions with the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Collateral; provided, however, that the Contract Delivery Documents shall remain in the possession of the Custodian. Nothing contained in this Loan Agreement shall obligate the Lender to segregate any Collateral delivered to the Lender by the Borrower; provided, however, that nothing in this Section 11.13 shall relieve Lender of its obligation to release Collateral pursuant to the terms of this Loan Agreement.
Hypothecation or Pledge of Collateral. Section 10.10 of the Existing Loan Agreement is hereby amended by deleting such section in its entirety and replacing it with the following:
Hypothecation or Pledge of Collateral. Nothing in this Agreement shall preclude the Lender from engaging in repurchase transactions with the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Collateral. [Signature Page Follows]
