Common use of Application of Proceeds; No Duty Clause in Contracts

Application of Proceeds; No Duty. Neither the Administrative Agent nor the Lenders shall be under any duty at any time to credit Borrower for any amount due from any Approved Investor in respect of any purchase of any Mortgage Collateral contemplated under Section 3.3(b) above, until such amount has actually been received in immediately available funds and deposited to the Collection Account. Neither the Collateral Agent, nor the Lenders, nor the Administrative Agent shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any Approved Investor in respect of any such purchase.

Appears in 7 contracts

Samples: Loan Agreement, Loan Agreement, Loan Agreement (Lennar Corp /New/)

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Application of Proceeds; No Duty. Neither the Administrative Agent Agent, nor the Lenders Collateral Agent, nor any Lender shall be under any duty at any time to credit the Borrower for any amount amounts due from any Approved Investor in respect of any purchase of any Mortgage Collateral contemplated under Section 3.3(b3.4(b) above, until the Administrative Agent has actually received such amount has actually been received in the form of immediately available funds and deposited funds, for deposit to the Collection Account. Neither the Administrative Agent, nor the Collateral Agent, nor the Lenders, nor the Administrative Agent any Lender shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any Approved Investor in respect of any such purchase.

Appears in 4 contracts

Samples: Collateral Agency Agreement (Horton D R Inc /De/), Security Agreement (Pulte Homes Inc/Mi/), Collateral Agency Agreement (Pulte Homes Inc/Mi/)

Application of Proceeds; No Duty. Neither the Administrative Agent nor the Lenders shall be under any duty at any time to credit Borrower for any amount due from any Approved Investor in respect of any purchase of any Mortgage Loan Collateral contemplated under Section 3.3(b) above, until such amount has actually been received in immediately available funds and deposited to the Collection Account. Neither the Collateral Agent, nor the Lenders, nor the Administrative Agent shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any Approved Investor in respect of any such purchase.

Appears in 1 contract

Samples: Collateral Agency Agreement (Horton D R Inc /De/)

Application of Proceeds; No Duty. Neither the Administrative Agent nor the Lenders shall be under any duty at any time to credit Borrower for any amount due from any Approved Investor in respect of any purchase of any Mortgage Collateral contemplated under Section 3.3(b) above, until such amount has actually been received in immediately available funds and deposited to the Collection Account. Neither the Collateral Agent, nor the Lenders, nor the Administrative Agent shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any Approved Investor in respect of any such purchase.under

Appears in 1 contract

Samples: Loan Agreement (American Home Mortgage Investment Corp)

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Application of Proceeds; No Duty. Neither the Administrative Agent nor the Lenders shall be under any duty at any time to credit Borrower for any amount due from any Approved Take-Out Investor in respect of any purchase of any Mortgage Collateral contemplated under Section 3.3(b) above, until such amount has actually been received in immediately available funds and deposited to the Collection Account. Neither the Collateral Agent, nor the Lenders, nor the Administrative Agent shall be under any duty at any time to collect any amounts or otherwise enforce any obligations due from any Approved Take-Out Investor in respect of any such purchase.

Appears in 1 contract

Samples: Loan Agreement (American Home Mortgage Investment Corp)

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