Common use of Applicability; Transaction Overview Clause in Contracts

Applicability; Transaction Overview. From time to time, upon the terms and conditions set forth herein, the parties hereto may enter into transactions on an uncommitted basis in which Seller agrees to transfer to Buyer Mortgage Loans and all right, title and interest (including, in the case of Servicing-Released Mortgage Loans, the Servicing Rights (as hereinafter defined)) in and to the Mortgage Loans against the transfer of funds by Xxxxx, with a simultaneous agreement by Buyer to transfer to Seller such Mortgage Loans against the transfer of funds by Xxxxxx. Each such transaction involving the transfer of Mortgage Loans shall be referred to herein as a “Transaction” and, unless otherwise agreed in writing, shall be governed by this Agreement, including any supplemental terms or conditions contained in any annexes identified herein, as applicable hereunder. This Agreement is not a commitment by Xxxxx to engage in the Transactions, but sets forth the requirements under which Xxxxx would consider entering into Transactions set forth herein.

Applicability; Transaction Overview. From time to time, upon the terms and conditions set forth herein, the parties hereto may enter into transactions on an uncommitted basis in which Seller agrees to transfer to Buyer Mortgage Loans and all right, title and interest (including, in the case of Servicing-Released Mortgage Loans, the Servicing Rights (as hereinafter defined)) in and to the Mortgage Loans against the transfer of funds by Xxxxx, with a simultaneous agreement by Buyer to transfer to Seller such Mortgage Loans against the transfer of funds by Xxxxxx. Each such transaction involving the transfer of Mortgage Loans shall be referred to herein as a “Transaction” and, unless otherwise agreed in writing, shall be governed by this Agreement, including any supplemental terms or conditions contained in any annexes identified herein, as applicable hereunder. This Agreement is not a commitment by Xxxxx to engage in the Transactions, but sets forth the requirements under which Xxxxx would consider entering into Transactions set forth herein. Section 2.

Applicability; Transaction Overview. From Buyer shall, with respect to the Committed Amount, and may agree to, with respect to the Uncommitted Amount, from time to time, upon the terms and conditions set forth herein, the parties hereto may enter into transactions on an uncommitted basis in which Seller agrees to transfer to Buyer Mortgage Loans and all right, title and interest (including, in the case of Servicing-Released Mortgage Loans, including the Servicing Rights (as hereinafter defined)) in and to the Mortgage Loans against the transfer of funds by XxxxxBuyer, with a simultaneous agreement by Buyer to transfer to Seller such Mortgage Loans against the transfer of funds by XxxxxxSeller. Each such transaction involving the transfer of Mortgage Loans shall be referred to herein as a “Transaction” and, unless otherwise agreed in writing, shall be governed by this Agreement, including any supplemental terms or conditions contained in any annexes identified herein, as applicable hereunder. This Agreement is not only a commitment by Xxxxx to engage in the TransactionsTransactions with respect to the Committed Amount, but and sets forth the requirements under which Xxxxx would consider entering into Transactions set forth hereinherein with respect to the Uncommitted Amount.