Agent’s Discretionary Actions. Except as provided in Sections 14.3 and 13.1(c), in its capacity as lead lender and servicer and without seeking or obtaining the consent of any of the other Lenders (although it may elect to obtain such consent before acting it if deems that desirable), the Agent may:
(a) agree or consent to any change in the handling of the Collateral which in the Agent's reasonable judgment is unlikely to have a material adverse effect on any of the Central Elements;
(b) allow exceptions to the Collateral limits specified in the definition of "Disqualifiers" by allowing Collateral which would have zero Collateral Value because it exceeds or violates one or more of such Disqualifiers to be counted and treated as if it did not, for Collateral so counted and treated as having aggregate Collateral Values of up to two percent (2%) of the Aggregate Committed Sum on the day for which such value is being determined;
(c) release, reconvey or change, in whole or in part, any Collateral or Lien which is required to be released or reconveyed in accordance with the Facilities Paper;
(d) approve (or disapprove) any new Approved Investor proposed by the Companies; and
(e) do or perform any act or thing which, in the Agent's reasonable judgment, is necessary or appropriate to enable the Agent to properly discharge and perform its duties under this Agreement or the Custody Agreement, or which in its reasonable judgment is necessary or appropriate to preserve or protect the validity, integrity or enforceability of the Facilities Papers, the Liens created by the Loan Papers, their priority, the Collateral or the interest of the Lenders in them.
Agent’s Discretionary Actions. Except as provided in Sections 14.2 and 14.3, in its capacity as lead lender and servicer and without seeking or obtaining the consent of any of the other Lenders (although it may elect to obtain such consent before acting it if deems that desirable), the Agent may:
(a) agree or consent to any change in the handling of the Collateral which in the Agent’s reasonable judgment is unlikely to have a material adverse effect on any of the Central Elements;
(b) release, reconvey or change, in whole or in part, any Collateral or Lien which is required to be released or reconveyed in accordance with the Facilities Paper;
(c) approve any new Approved Investor proposed by the Companies with notice to the Lenders (and the Agent will promptly provide to any Lender that requests it a current list of Approved Investors); and
(d) do or perform any act or thing which, in the Agent’s reasonable judgment, is necessary or appropriate to enable the Agent to properly discharge and perform its duties under this Agreement or the Custody Agreement, or which in its reasonable judgment is necessary or appropriate to preserve or protect the validity, integrity or enforceability of the Facilities Papers, the Liens created by the Loan Papers, their priority, the Collateral or any of the Central Elements in respect of HC and its Subsidiaries, or to preserve and protect the interest of the Lenders in any of the foregoing.
Agent’s Discretionary Actions. Subject to the limitations of Sections 22.6 and 22.7, in its capacity as Agent and without seeking or obtaining the consent of any of
Agent’s Discretionary Actions. Subject to the limitations of Sections 22.3 and 22.4, in its capacity as Agent and without seeking or obtaining the consent of any of the other Buyers (although it may elect to obtain such consent before acting it if deems that desirable), the Agent may:
(a) reconvey, exchange or otherwise change, in whole or in part, any Purchased Loans which are required to be reconveyed, exchanged or changed in accordance with the Repurchase Documents;
(b) approve any new Approved Investor or Approved Non-Conforming Investors proposed by the Seller (and the Agent will promptly provide to any Buyer that requests it a current list of Approved Investors identifying Approved Non-Conforming Investors); and
(c) do or perform any act or thing which, in the Agent’s reasonable judgment, is necessary or appropriate to enable the Agent to properly discharge and perform its duties under this Agreement or the Custody Agreement, or which in its reasonable judgment is necessary or appropriate to preserve or protect the validity, integrity or enforceability of the Purchased Loans and/or the Repurchase Documents, the Buyers’ Pro Rata undivided ownership interests in and to the Purchased Loans, the Lien created by this Agreement and its priority, or any of the Central Elements in respect of the Seller or any of its Subsidiaries, or to preserve and protect the interest of the Buyers in any of the foregoing.
Agent’s Discretionary Actions. Subject to the limitations of Sections 22.6 and 22.7, in its capacity as Agent and without seeking or obtaining the consent of any of the other Buyers (although it may elect to obtain such consent before acting it if deems that desirable), the Agent may: (a) With respect to Purchased Loans having an aggregate Purchase Value of not more than the Discretionary Loan Sublimit at any time, (i) waive one or more Disqualifiers for Purchased Loans, waive one or more of the representations or warranties concerning Purchased Loans under Section 15.3, or waive any other requirements for Purchased Loans set forth in this Agreement, so that in the case of each such waiver such Purchased Loan is included as a Discretionary Loan, and (ii) include as Discretionary Loans, Purchased Loans which, if added to a Sublimit under Section 4.2(b) or Section 4.2(c) other than the Discretionary Loan Sublimit (a “Non-Discretionary Loan Sublimit”), would cause such Non-Discretionary Loan Sublimit to exceed the maximum percentage/amount for such Non-Discretionary Loan Sublimit set forth in Section 4.2(b) or Section 4.2(c; (b) reconvey, or exchange, in whole or in part, any Purchased Loans that are required to be reconveyed, or exchanged in accordance with the Repurchase Documents;
Agent’s Discretionary Actions. Section 22.5(c) of the Repurchase Agreement is amended and restated in its entirety as follows:
Agent’s Discretionary Actions. In its capacity as Agent and without seeking or obtaining the consent of Buyer (although it may elect to obtain such consent before acting it if deems that desirable), Agent may do or perform any act or thing that, in Agent’s reasonable judgment, is necessary or appropriate to enable Agent to properly discharge and perform its duties under this Agreement or the other Program Documents or that in its reasonable judgment is necessary or appropriate to preserve or protect the validity, integrity or enforceability of the Purchased Mortgage Loans and/or the Program Documents, the Liens created by this Agreement and its priority, or to preserve and protect the interest of Buyer in any of the foregoing.
Agent’s Discretionary Actions. Except as provided in Sections 14.2 and 14.3, in its capacity as lead lender and servicer and without seeking or obtaining the consent of any of the other Lenders (although it may elect to obtain such consent before acting it if deems that desirable), the Agent may:
Agent’s Discretionary Actions. Except as provided in SECTIONS 14.2 and 14.3, in its capacity as servicer and without seeking or obtaining the consent of any of the other Seasoned Warehouse Lenders (although it may elect to obtain such consent before acting it if deems that desirable), the Seasoned Warehouse Agent may:
(a) agree or consent to any change in the handling of the Collateral which in the Seasoned Warehouse Agent's reasonable judgment is unlikely to have a Material Adverse Effect;
(b) release, reconvey or change, in whole or in part, any Collateral or Lien which is required to be released or reconveyed in accordance with the Loan Documents; and
(c) do or perform any act or thing which, in the Seasoned Warehouse Agent's reasonable judgment, is necessary or appropriate to enable the Seasoned Warehouse Agent to properly discharge and perform its duties under this Agreement and the other Loan Documents, or which in its reasonable judgment is necessary or appropriate to preserve or protect the validity, integrity or enforceability of the Loan Documents, the Liens created by the Loan Documents, such Liens' priorities, the Collateral or the interest of the Lenders in them.
Agent’s Discretionary Actions. Section 22.5 of the Repurchase Agreement is amended by deleting the amount “$3,000,000” where it appears therein and inserting in lieu thereof the amount “$2,000,000”.
