Cash Account. (a) The Sellers hereby authorize and direct Purchaser to create a separate Cash Account for the Sellers. The Cash Account shall be held by Purchaser for the Sellers subject to the terms and conditions of this Agreement. Purchaser shall notify the Sellers, via electronic or facsimile transmission, of the Cash Account Balance on each Business Day when the Cash Account Balance is greater than zero and on each Business Day on which a Transaction occurs hereunder. (b) Purchaser shall credit the Cash Account for (i) any deposits therein by any Seller upon such Seller's written direction pursuant to a Withdrawal/Deposit Notice, (ii) any amounts due any of the Sellers and payable by Purchaser under any UBSRES Purchase Program to the extent not otherwise netted as described hereunder, (iii) any Cash Account Interest Accruals and (iv) any deposits by any Seller hereunder. (c) Purchaser shall debit the Cash Account for (i) any withdrawals therefrom by the Sellers upon written direction pursuant to a Withdrawal/Deposit Notice from each Seller, (ii) any amounts due Purchaser and payable by any Seller under any UBSRES Purchase Program, (iii) any debit pursuant to a Cash Account Adjustment and (iv) any Wire Fees. (d) Upon termination of this Agreement and payment in full of all obligations owing by the Sellers hereunder, under the Custodial Agreement and under the Electronic Tracking Agreement (if any), Purchaser shall remit to the Sellers the Cash Account Balance.
Appears in 2 contracts
Samples: Mortgage Loan Purchase Agreement (American Home Mortgage Investment Corp), Mortgage Loan Purchase Agreement (American Home Mortgage Investment Corp)
Cash Account. (a) The Sellers hereby authorize and direct Purchaser to create a separate Cash Account for the Sellers. The Cash Account shall be held by Purchaser for the Sellers subject to the terms and conditions of this Agreement. Purchaser shall notify the Sellers, via electronic or facsimile transmission, of the Cash Account Balance on each Business Day when the Cash Account Balance is greater than zero and on each Business Day on which a Transaction occurs hereunder.
(b) Purchaser shall credit the Cash Account for (i) any deposits therein by any the related Seller upon such Seller's written direction pursuant to a Withdrawal/Deposit Notice, (ii) any amounts due any of the Sellers related Seller and payable by Purchaser under any UBSRES Purchase Program to the extent not otherwise netted as described hereunderin Section 3 of this Agreement, (iii) any Supplemental Amount for any of the Sellers' Mortgage Loans upon the refunding to Purchaser of the Disbursement Amount for such Mortgage Loan by the Escrow Agent upon any failure to apply the Disbursement Amount in connection with the proposed funding of such Mortgage Loan, (iv) any credit pursuant to a Cash Account Adjustment, (v) any Cash Account Interest Accruals and (ivvi) any deposits by any Seller hereunderthe Sellers pursuant to Section 7 hereof.
(c) Purchaser shall debit the Cash Account for (i) any withdrawals therefrom by the Sellers upon written direction pursuant to a Withdrawal/Deposit Notice from each Seller, (ii) any amounts due Purchaser and payable by any Seller the Sellers under any UBSRES Purchase Program, (iii) the Supplemental Amount for any Mortgage Loan upon payment of the Disbursement Amount for such Mortgage Loan to the Escrow Agent in accordance with Section 2(b)(2), Section 2(c)(1) and Section 2(d)(2), (iv) any debit pursuant to a Cash Account Adjustment and (ivv) any Wire Fees.
(d) Upon termination of this Agreement and payment in full of all obligations owing by the Sellers related Seller hereunder, under the Custodial Agreement and under the Electronic Tracking Agreement (if any)Agreement, Purchaser shall remit to the Sellers the Cash Account Balance.
Appears in 2 contracts
Samples: Mortgage Loan Repurchase Agreement (American Home Mortgage Investment Corp), Mortgage Loan Repurchase Agreement (American Home Mortgage Investment Corp)
Cash Account. (a) The Sellers Seller hereby authorize authorizes and direct directs Purchaser to create a separate the Cash Account for the SellersAccount. The Cash Account shall be held by Purchaser for the Sellers Seller subject to the terms and conditions of this Agreement. Purchaser shall notify the SellersSeller, via electronic or facsimile transmission, of the Cash Account Balance on each Business Day when the Cash Account Balance is greater than zero and on each Business Day on which a Transaction occurs hereunder.
(b) Purchaser shall credit the Cash Account for (i) any deposits therein by any Seller upon such Seller's ’s written direction pursuant to a Withdrawal/Deposit Notice, (ii) any amounts due any of the Sellers Seller and payable by Purchaser under any UBSRES Purchase Program to the extent not otherwise netted as described hereunderin Section 3 of this Agreement, (iii) any Supplemental Amount for any Mortgage Loan upon the refunding to Purchaser of the Disbursement Amount for such Mortgage Loan by the Escrow Agent upon any failure to apply the Disbursement Amount in connection with the proposed funding of a Mortgage Loan, (iv) any credit pursuant to a Cash Account Adjustment, (v) any Cash Account Interest Accruals and (ivvi) any deposits by any Seller hereunderpursuant to Section 7 hereof.
(c) Purchaser shall debit the Cash Account for (i) any withdrawals therefrom by the Sellers Seller upon Seller’s written direction pursuant to a Withdrawal/Deposit Notice from each SellerNotice, (ii) any amounts due Purchaser and payable by any Seller under any UBSRES Purchase Program, (iii) the Supplemental Amount for any Mortgage Loan upon payment of the Disbursement Amount for such Mortgage Loan to the Escrow Agent in accordance with Section 2(b)(2), Section 2(c)(1) and Section 2(d)(2), (iv) any debit pursuant to a Cash Account Adjustment and (ivv) any Wire Fees.
(d) Upon termination of this Agreement and payment in full of all obligations owing by the Sellers Seller hereunder, under the Custodial Agreement and under the Electronic Tracking Agreement (if any)Agreement, Purchaser shall remit to the Sellers Seller the Cash Account Balance.
Appears in 2 contracts
Samples: Mortgage Loan Repurchase Agreement (Crescent Banking Co), Mortgage Loan Repurchase Agreement (Mortgageit Holdings Inc)
Cash Account. (a) The Sellers Seller hereby authorize authorizes and direct directs Purchaser to create a separate the Cash Account for the SellersAccount. The Cash Account shall be held by Purchaser for the Sellers Seller subject to the terms and conditions of this Agreement. Purchaser shall notify the SellersSeller, via electronic or facsimile transmission, of the Cash Account Balance on each Business Day when the Cash Account Balance is greater than zero and on each Business Day on which a Transaction occurs hereunder.
(b) Purchaser shall credit the Cash Account for (i) any deposits therein by any Seller upon such Seller's ’s written direction pursuant to a Withdrawal/Deposit Notice, (ii) any amounts due any of the Sellers Seller and payable by Purchaser under any UBSRES Purchase Program to the extent not otherwise netted as described hereunder, (iii) any Cash Account Interest Accruals and (iv) any deposits by any Seller hereunder.
(c) Purchaser shall debit the Cash Account for (i) any withdrawals therefrom by the Sellers Seller upon Seller’s written direction pursuant to a Withdrawal/Deposit Notice from each SellerNotice, (ii) any amounts due Purchaser and payable by any Seller under any UBSRES Purchase Program, (iii) any debit pursuant to a Cash Account Adjustment and (iv) any Wire Fees.
(d) Upon termination of this Agreement and payment in full of all obligations owing by the Sellers Seller hereunder, under the Custodial Agreement [and under the Electronic Tracking Agreement (if any), Agreement,] Purchaser shall remit to the Sellers Seller the Cash Account Balance.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Crescent Banking Co)
Cash Account. (a) The Sellers Seller hereby authorize authorizes and direct directs Purchaser to create a separate the Cash Account for the SellersAccount. The Cash Account shall be held by Purchaser for the Sellers Seller subject to the terms and conditions of this Agreement. Purchaser shall notify the SellersSeller, via electronic or facsimile transmission, of the Cash Account Balance on each Business Day when the Cash Account Balance is greater than zero and on each Business Day on which a Transaction occurs hereunder.
(b) Purchaser shall credit the Cash Account for (i) any deposits therein by any Seller upon such Seller's ’s written direction pursuant to a Withdrawal/Deposit Notice, (ii) any amounts due any of the Sellers Seller and payable by Purchaser under any UBSRES Purchase Program to the extent not otherwise netted as described hereunder, (iii) any Cash Account Interest Accruals and (iv) any deposits by any Seller hereunder.
(c) Purchaser shall debit the Cash Account for (i) any withdrawals therefrom by the Sellers Seller upon Seller’s written direction pursuant to a Withdrawal/Deposit Notice from each SellerNotice, (ii) any amounts due Purchaser and payable by any Seller under any UBSRES Purchase Program, (iii) any debit pursuant to a Cash Account Adjustment and (iv) any Wire Fees.
(d) Upon termination of this Agreement and payment in full of all obligations owing by the Sellers Seller hereunder, under the Custodial Agreement and under the Electronic Tracking Agreement (if any), Purchaser shall remit to the Sellers Seller the Cash Account Balance.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Mortgageit Holdings Inc)