Acquired Loans Sample Clauses

Acquired Loans. Without the prior consent of Purchaser, Seller shall: (a) not, except for any Acquired Loan with a Loan Balance as of the date of this Agreement of less than $25,000 for which the following actions may be taken in the ordinary course without Purchaser's consent, enter into, create or assume any security agreement, lien, encumbrance, mortgage, deed of trust, pledge, conditional sale or other title retention agreement, easement, covenant, restriction or other burden upon any Acquired Loan or renewals thereof; (b) not sell, assign, transfer or otherwise dispose of all or any portion of any Acquired Loan or any interest therein; (c) not, except for any Acquired Loan with a Loan Balance before and after any such action of less than $25,000 for which the following actions may be taken in the ordinary course without Purchaser's consent: modify or increase any Commitments or credit lines with respect to Acquired Loans; modify or change any terms of any Loan Documents; enter into, or make or promise to make any over advance with respect to any Acquired Loan; repurchase any participations in any Acquired Loans except for repurchases which Seller is contractually obligated (by an agreement entered into prior to the date hereof and disclosed to Purchaser) to consummate. If Seller takes any prohibited actions referred to in this subsection 6.3(c) without the written consent of Purchaser, then Purchaser's sole remedy with respect to such loan shall be that such loan, at Purchaser's option, may be deemed an Excluded Loan and may no longer be deemed an Acquired Loan; (d) not fail to comply in all material respects with any Loan Documents; (e) use reasonable best efforts to preserve the good will of the borrowers pursuant to the Acquired Loans; (f) not compromise or settle claims of any kind with respect to any Acquired Loan; (g) not release any borrower under or guarantor of or any portion of the collateral supporting any Acquired Loan (except in connection with a prepayment in full of such Acquired Loan); (h) not increase the principal amount outstanding under any of the Notes, except that Seller may make additional advances under existing lines of credit, provided such advances are consistent with Seller's applicable credit standards and procedures; and (i) continue to service the Acquired Loans in accordance with its prior practices and as it would in the ordinary course of its business subject to the provisions of this Agreement. Notwithstanding anything herein to the...

Acquired Loans. 22 7.5 Conduct of Business.......................................... 22 7.6

Acquired Loans. Purchaser may, by written notice to Seller at any time prior to the Closing Date, exclude any loan that would otherwise be an Acquired Loan (such loans, together with any loans excluded pursuant to Section 6.3 being collectively referred to herein as "Excluded Loans"). Updated Schedule 3.12

Acquired Loans. Following the Closing Date, Seller will forward any payments with respect to any Acquired Loans received by Seller to Purchaser by wire transfer within one (1) Business Day of receipt of such payment by Seller.

Acquired Loans. All right, title and interest of Seller in and to (i) all of the loans attributable to the Branches identified on Exhibit 2.02(d) attached hereto (collectively, the “Branch Loans”), as such Exhibit 2.02(d) may be modified to reflect the exclusion and/or addition of Branch Loans pursuant to Section 3.04 hereof prior to Closing and (ii) those Residential Loans of Seller selected by Purchaser pursuant to Section 3.05, in each case, that remain outstanding as of the Closing (collectively, the “Acquired Loans”), together with all security thereon and collateral and rights in relation thereto (including servicing rights), at their respective then outstanding principal amounts, which will reflect any write-downs arising from adverse classifications, together with accrued interest receivable thereon and associated accrued late fees, but excluding loan loss reserves and general reserves; provided, however, that unless Purchaser otherwise consents in writing, the Acquired Loans will not include any loans that, as of the Closing Date, (x) are on a non-accrual basis, (y) are ninety (90) days or more past due, and/or (x) are in foreclosure (each, a “Nonperforming Loan”);