Agreement to Contribute and Convey. The Issuer will deliver the net proceeds from the sale of the Bonds and issue the Certificates to the order of the Company or its designee in consideration of the transfer of the Mortgage Loans and the related rights thereunder and the rights pursuant to the Sales Agreement (collectively, the "Consideration"). As and for the Consideration and subject to the terms and conditions set forth herein, the Company agrees to contribute and convey, and the Trust agrees to accept and acquire, all of the Company's right, title, and interest in and to the Mortgage Loans identified on the schedule (the "Loan Schedule") annexed hereto as Exhibit E. The Loan Schedule will set forth as to each Mortgage Loan the items specified in the definition of "Loan Schedule" in the Indenture. The aggregate of the principal balances of the Mortgage Loans being contributed and conveyed pursuant to this Agreement as of the close of business on the applicable Cut-off Dates, after application of all payments of principal received in respect of such Mortgage Loans before the applicable Cut-off Dates (the "Initial Pool Balance"), is set forth on the Cross Receipt executed concurrently herewith in the form of Exhibit F attached hereto (the "Cross Receipt"). Simultaneously with and in consideration of the Company's contribution and conveyance of the Mortgage Loans to the Trust, the Trust shall cause the Bonds to be issued and delivered and shall transfer the net proceeds received from the sale of the Bonds to be delivered to the Company and the Trust shall cause the Certificates to be issued to the order of the Company or its designee. The Company shall be deemed automatically and for all purposes to have made a contribution to the capital of the Trust (which contribution shall be reflected in the value assigned to the certificates evidencing equity interests in the Trust) in an aggregate amount specified on the Cross Receipt. The transfer and conveyance of the Mortgage Loans shall take place on the Closing Date.
Appears in 2 contracts
Samples: Deposit Trust Agreement (Residential Resources Inc), Deposit Trust Agreement (Union Planters Mortgage Finance Corp)
Agreement to Contribute and Convey. The Issuer will deliver acknowledges that the net proceeds from the sale of the Bonds Notes ($168,378,147.70) will be paid to the Depositor or its designee, and the Issuer will issue the Certificates to the order of the Company Depositor or its designee designee, in consideration of the transfer of the Mortgage Home Loans and the related rights rights, title, and interests thereunder and the rights of the Depositor pursuant to the Sales Home Loan Sale Agreement (collectively, the "Consideration"). As and for the Consideration and subject to the terms and conditions set forth herein, the Company Depositor agrees to contribute and convey, and the Trust agrees to accept and acquire, all of the CompanyDepositor's right, title, and interest in and to the Mortgage Home Loans identified on the schedule (the "Home Loan Schedule") annexed hereto as Exhibit E. The Home Loan Schedule will set forth as to each Mortgage Home Loan the items --------- specified in the definition of "Home Loan Schedule" in the Indenture. The aggregate of the principal balances of the Mortgage Home Loans being contributed and conveyed pursuant to this Agreement as of the close of business on the applicable Cut-off DatesDate, after application of all payments of principal received in respect of such Mortgage Home Loans before the applicable Cut-off Dates Date (the "Initial Pool Principal Balance"), is set forth on the Cross Receipt executed concurrently herewith in the form of Exhibit F attached hereto (the "Cross Receipt"). Simultaneously with --------- and in consideration of the CompanyDepositor's contribution contribution, transfer, sale and conveyance of the Mortgage Home Loans to the Trust, the Trust shall cause the Bonds Notes to be issued and delivered and shall transfer the net proceeds received from the sale of the Bonds to be delivered to the Company Depositor or its designee and the Trust shall cause the Certificates to be issued to the order of the Company Depositor or its designee. The Company shall be deemed automatically and for all purposes to have made a contribution to the capital of the Trust (which contribution shall be reflected in the value assigned to the certificates evidencing equity interests in the Trust) in an aggregate amount specified on the Cross Receipt. The transfer and conveyance of the Mortgage Home Loans shall take place on the Closing Date.
Appears in 2 contracts
Samples: Deposit Trust Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/), Deposit Trust Agreement (Ocwen Mortgage Loan Trust Ass Back Notes Ser 1998-Oac1/)
Agreement to Contribute and Convey. The Issuer will deliver the net proceeds from the sale of the Bonds and issue the Certificates to the order of the Company or its designee in consideration of the transfer of the Mortgage Loans and the related rights thereunder and the rights pursuant to the Sales Agreement (collectively, the "Consideration"). As and for the Consideration and subject to the terms and conditions set forth herein, the Company Depositor agrees to contribute and convey, and the Trust Issuer agrees to accept and acquire, all of the CompanyDepositor's right, title, title and interest in and to the Mortgage Loans fixed rate mortgage loans identified on the schedule (the "Mortgage Loan Schedule") annexed hereto as Exhibit E. A (such loans, together with all related rights, interests and obligations, are collectively referred to herein as the "Mortgage Loans"). The Mortgage Loan Schedule will set forth as to each Mortgage Loan the items specified in the definition of "Mortgage Loan Schedule" in the Indenture. The aggregate of the principal balances of the Mortgage Loans being contributed and conveyed pursuant to this Agreement as of the close of business on the applicable Cut-off Dates, after application of all payments of principal received in respect of such Mortgage Loans on or before the applicable Cut-off Dates (the "Initial Mortgage Pool Balance"), is set forth on the Cross Receipt executed concurrently herewith in the form of Exhibit F B attached hereto (the "Cross Receipt"). Simultaneously with and in consideration of the CompanyDepositor's contribution and conveyance of the Mortgage Loans to the TrustIssuer, the Trust Issuer shall cause the Bonds Notes to be issued and delivered and shall transfer the net proceeds received from the sale of the Bonds Notes to be delivered to the Company Depositor and the Trust Issuer shall cause the Certificates to be issued to or upon the order of the Company or its designeeDepositor. The Company Depositor shall be deemed automatically and for all purposes to have made a contribution to the capital of the Trust Issuer (which contribution shall be reflected in the value assigned to the certificates evidencing equity interests in the TrustIssuer) in an aggregate amount specified on the Cross Receipt. The transfer and conveyance of the Mortgage Loans shall take place on March 13, 1998 or such other date as shall be mutually acceptable to the parties hereto (the "Closing Date").
Appears in 1 contract
Samples: Mortgage Loan Contribution Agreement (Prudential Securities Secured Financing Corp)
Agreement to Contribute and Convey. The Issuer will deliver acknowledges that the net proceeds from the sale of the Bonds Notes ($237,954,381.22) will be paid to the Depositor or its designee, and the Issuer will issue the Certificates to the order of the Company Depositor or its designee designee, in consideration of the transfer of the Mortgage Home Loans and the related rights rights, title, and interests thereunder and the rights of the Depositor pursuant to the Sales Home Loan Sale Agreement (collectively, the "Consideration"). As and for the Consideration and subject to the terms and conditions set forth herein, the Company Depositor agrees to contribute and convey, and the Trust agrees to accept and acquire, all of the CompanyDepositor's right, title, and interest in and to the Mortgage Home Loans identified on the schedule (the "Home Loan Schedule") annexed hereto as Exhibit E. The Home Loan Schedule will set forth as to each Mortgage Home Loan the items specified in the definition of "Home Loan Schedule" in the Indenture. The aggregate of the principal balances of the Mortgage Home Loans being contributed and conveyed pursuant to this Agreement as of the close of business on the applicable Cut-off DatesDate, after application of all payments of principal received in respect of such Mortgage Home Loans before and on the applicable Cut-off Dates Date (the "Initial Pool Principal Balance"), is set forth on the Cross Receipt executed concurrently herewith in the form of Exhibit F attached hereto (the "Cross Receipt"). Simultaneously with and in consideration of the CompanyDepositor's contribution contribution, transfer, sale and conveyance of the Mortgage Home Loans to the Trust, the Trust shall cause the Bonds Notes to be issued and delivered and shall transfer the net proceeds received from the sale of the Bonds to be delivered to the Company Depositor or its designee and the Trust shall cause the Certificates to be issued to the order of the Company Depositor or its designee. The Company shall be deemed automatically and for all purposes to have made a contribution to the capital of the Trust (which contribution shall be reflected in the value assigned to the certificates evidencing equity interests in the Trust) in an aggregate amount specified on the Cross Receipt. The transfer and conveyance of the Mortgage Home Loans shall take place on the Closing Date.
Appears in 1 contract
Samples: Deposit Trust Agreement (Financial Asset Securities Corp)
Agreement to Contribute and Convey. The Issuer will deliver the net proceeds from the sale of the Bonds and issue the Certificates to the order of the Company or its designee in consideration of the transfer of the Mortgage Loans and the related rights thereunder and the rights pursuant to the Sales Agreement (collectively, the "Consideration"). As and for the Consideration and subject to the terms and conditions set forth herein, the Company Depositor agrees to contribute and convey, and the Trust Issuer agrees to accept and acquire, all of the CompanyDepositor's right, title, title and interest in and to the Mortgage Loans fixed rate mortgage loans identified on the schedule (the "Mortgage Loan Schedule") annexed hereto as Exhibit E. A (such loans, together with all related rights, interests and obligations, are collectively referred to herein as the "Mortgage Loans"). The Mortgage Loan Schedule will set forth as to each Mortgage Loan the items specified in the definition of "Mortgage Loan Schedule" in the Indenture. The aggregate of the principal balances of the Mortgage Loans being contributed and conveyed pursuant to this Agreement as of the close of business on the applicable Cut-off DatesDate, after application of all payments of principal received in respect of such Mortgage Loans on or before the applicable Cut-off Dates Date (the "Initial Mortgage Pool Balance"), is set forth on the Cross Receipt executed concurrently herewith in the form of Exhibit F B attached hereto (the "Cross Receipt"). Simultaneously with and in consideration of the CompanyDepositor's contribution and conveyance of the Mortgage Loans to the TrustIssuer, the Trust Issuer shall cause the Bonds Notes to be issued and delivered and shall transfer the net proceeds received from the sale of the Bonds Notes to be delivered to the Company Depositor and the Trust Issuer shall cause the Certificates to be issued to or upon the order of the Company or its designeeDepositor. The Company Depositor shall be deemed automatically and for all purposes to have made a contribution to the capital of the Trust Issuer (which contribution shall be reflected in the value assigned to the certificates evidencing equity interests in the TrustIssuer) in an aggregate amount specified on the Cross Receipt. The transfer and conveyance of the Mortgage Loans shall take place on December 1, 1998 or such other date as shall be mutually acceptable to the parties hereto (the "Closing Date").
Appears in 1 contract
Samples: Mortgage Loan Contribution Agreement (Residential Asset Funding Corp)
Agreement to Contribute and Convey. The Issuer will deliver the net proceeds from the sale of the Bonds and issue the Certificates to the order of the Company or its designee in consideration of the transfer of the Mortgage Loans and the related rights thereunder and the rights pursuant to the Sales Agreement (collectively, the "Consideration"). As and for the Transferor's Consideration and subject to the terms and conditions set forth herein, the Company Transferor agrees to contribute and convey, and the Trust Transferee agrees to accept and acquire, all of the CompanyTransferor's right, title, title and interest in and to the Mortgage Loans adjustable rate home equity mortgage loans identified on the schedule (the "Mortgage Loan Schedule") annexed hereto as Exhibit E. A (such loans, together with all related rights, interests and obligations, are collectively referred to herein as the "Mortgage Loans"). The Mortgage Loan Schedule will set forth as to each Mortgage Loan, among other things, (a) its identifying number and the name of the related mortgagor; (b) the street address of the related property securing such Mortgage Loan (the items "Mortgaged Property"), including the state, county and zip code; (c) its date of origination; (d) its original principal amount; and (e) the date specified in as the definition of "Loan ScheduleCut-off Date" in the Indenturewith respect to such Mortgage Loan. The aggregate of the principal balances of the Mortgage Loans being contributed and conveyed pursuant to this Agreement as of the close of business on the applicable Cut-off Dates, after application of all payments of principal received in respect of such Mortgage Loans before the applicable Cut-off Dates Dates, is $335,635,754.48 (the "Initial Pool Balance"), is set forth on the Cross Receipt executed concurrently herewith in the form of Exhibit F attached hereto (the "Cross Receipt"). Simultaneously with and in consideration of the CompanyTransferor's contribution and conveyance of the Mortgage Loans to the TrustTransferee, (i) the Trust Transferee shall cause the Bonds to be issued and delivered and shall transfer the net proceeds received from the sale of the Bonds to be delivered to the Company and the Trust shall cause the Certificates to be issued to the order of the Company or its designee. The Company Transferor and (ii) the Transferor shall be deemed automatically and for all purposes to have made a contribution to the capital of the Trust Transferee (which contribution shall be reflected in the value assigned to the certificates evidencing equity interests in the TrustTransferee) in an aggregate amount specified on Exhibit B annexed hereto. The Consideration is equal to the Cross Receiptfair market value of the Mortgage Loans as of the Closing Date. The transfer and conveyance of the Mortgage Loans shall take place on March 26, 1997 or such other date as shall be mutually acceptable to the parties hereto (the "Closing Date").
Appears in 1 contract
Samples: Mortgage Loan Contribution Agreement (Aames Capital Acceptance Corp)