Common use of Assignment and Other Rights upon Payments under the Policy Clause in Contracts

Assignment and Other Rights upon Payments under the Policy. (a) In consideration of the issuance of the Policy by AGIC, in the case of any payment made by or on behalf of AGIC under the Policy, in addition to and not by way of limitation of, any of the rights and remedies of AGIC hereunder, under the Policy or under the Indenture with respect to such payment, each of the Issuer, TFCRC IV and TFC hereby acknowledges and consents to the assignment by the Trustee, on behalf of the Noteholders, to AGIC in accordance with the terms of the relevant Notice for Payment (as such term is defined in the Policy): (i) the rights of the Noteholders with respect to the Notes and the Trust Property, to the extent of any such payment under the Policy; and (ii) the rights of the Trustee and each Noteholder in the conduct of any Insolvency Proceeding relating to any Preference Event (as such terms are defined in the Policy), including, without limitation, all rights of any party to an adversary proceeding or action with respect to any court order issued in connection with any such Insolvency Proceeding. (b) The rights and remedies of AGIC described in clause (a) above are in addition to, and not in limitation of, rights of subrogation and other rights and remedies otherwise available to AGIC in respect of payments under the Policy. The Trustee shall take such action and deliver such instruments as may be reasonably requested or required by AGIC to effectuate the purpose or provisions of this Section 2.05.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (TFC Enterprises Inc)

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Assignment and Other Rights upon Payments under the Policy. (a) In consideration of the issuance of the Policy by AGIC, in the case of any payment made by or on behalf of AGIC under the Policy, in addition to and not by way of limitation of, any of the rights and remedies of AGIC hereunder, under the Policy hereunder or under the Indenture with respect to such payment, each of the Issuer, TFCRC IV and TFC hereby acknowledges and consents to the assignment by the Trustee, on behalf of the Noteholders, to AGIC in accordance with the terms of the relevant Notice for Payment (as such term is defined in the Policy): (i) the rights of the Noteholders with respect to the Notes and the Trust Property, to the extent of any such payment under the Policy; and (ii) the rights of the Trustee and each Noteholder in the conduct of any Insolvency Proceeding relating to any Preference Event (as such terms are defined in the Policy), including, without limitation, all rights of any party to an adversary proceeding or action with respect to any court order issued in connection with any such Insolvency Proceeding. (b) The rights and remedies of AGIC described in clause (a) above are in addition to, and not in limitation of, rights of subrogation and other rights and remedies otherwise available to AGIC in respect of payments under the Policy. The Trustee shall take such action and deliver such instruments as may be reasonably requested or required by AGIC to effectuate the purpose or provisions of this Section 2.05.

Appears in 1 contract

Samples: Insurance and Reimbursement Agreement (TFC Enterprises Inc)

Assignment and Other Rights upon Payments under the Policy. (a) In consideration of the issuance of the Policy by AGICRadian, in the case of any payment made by or on behalf of AGIC Radian under the Policy, in addition to and not by way of limitation of, any of the rights and remedies of AGIC Radian hereunder, under the Policy Policy, the Sale and Servicing Agreement or under the Indenture with respect to such payment, each of the Issuer, TFCRC IV V and TFC hereby acknowledges and consents to the assignment by the Trustee, on behalf of the Noteholders, to AGIC Radian in accordance with the terms of the relevant Notice for Payment (as such term is defined in the Policy):Payment: (i) the rights of the Noteholders with respect to the Notes and the Trust PropertyCollateral, to the extent of any such payment under the Policy; and (ii) the rights of the Trustee and each Noteholder in the conduct of any Insolvency Proceeding relating to any Preference Event (as such terms are defined in the Policy), including, without limitation, all rights of any party to an adversary proceeding or action with respect to any court order issued in connection with any such Insolvency Proceeding. (b) The rights and remedies of AGIC Radian described in clause (a) above ---------- are in addition to, and not in limitation of, rights of subrogation and other rights and remedies otherwise available to AGIC Radian in respect of payments under the Policy. The Trustee shall take such action and deliver such instruments as may be reasonably requested or required by AGIC Radian to effectuate the purpose or provisions of this Section 2.05.. ------------

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (TFC Enterprises Inc)

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Assignment and Other Rights upon Payments under the Policy. (a) In consideration of the issuance of the Policy by AGICRadian, in the case of any payment made by or on behalf of AGIC Radian under the Policy, in addition to and not by way of limitation of, any of the rights and remedies of AGIC Radian hereunder, under the Policy Policy, the Sale and Servicing Agreement or under the Indenture with respect to such payment, each of the Issuer, TFCRC IV VI and TFC hereby acknowledges and consents to the assignment by the Trustee, on behalf of the Noteholders, to AGIC Radian in accordance with the terms of the relevant Notice for Payment (as such term is defined in the Policy):Payment: (i) the rights of the Noteholders with respect to the Notes and the Trust PropertyCollateral, to the extent of any such payment under the Policy; and (ii) the rights of the Trustee and each Noteholder in the conduct of any Insolvency Proceeding relating to any Preference Event (as such terms are defined in the Policy), including, without limitation, all rights of any party to an adversary proceeding or action with respect to any court order issued in connection with any such Insolvency Proceeding. (b) The rights and remedies of AGIC Radian described in clause (a) above are in addition to, and not in limitation of, rights of subrogation and other rights and remedies otherwise available to AGIC Radian in respect of payments under the Policy. The Trustee shall take such action and deliver such instruments as may be reasonably requested or required by AGIC Radian to effectuate the purpose or provisions of this Section 2.05.

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (TFC Enterprises Inc)

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