Collection and Servicing Rights. So long as no Event of Default shall have occurred, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or in the name of the Company or otherwise, demand, sxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, forthwith pay to the Lender at its principal office all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 2 contracts
Samples: Warehousing Credit and Security Agreement (Mortgage Com Inc), Warehousing Credit and Security Agreement (Mortgage Com Inc)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and be continuing, the Company Borrowers shall be entitled to service and receive and collect directly all sums payable to the Company Borrowers in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company Borrowers in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or name, in the name of the Company Borrowers or otherwise, demand, sxx forsue xxx, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company Borrowers shall, if the Lender so requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts thereafter received by the Company Borrowers upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 2 contracts
Samples: Credit and Security Agreement (WMF Group LTD), Warehousing Credit and Security Agreement (BNC Mortgage Inc)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and be continuing, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or name, in the name of the Company or otherwise, demand, sxx xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 2 contracts
Samples: Warehousing Credit and Security Agreement (Amresco Inc), Warehousing Credit and Security Agreement (Finet Com Inc)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and be continuing, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee design shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee design in its discretion may, in its own name or name, in the name of the Company or otherwise, demand, sxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 2 contracts
Samples: Warehousing Credit and Security Agreement (Mortgage Com Inc), Warehousing Credit and Security Agreement (Mortgage Com Inc)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and be continuing, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender Credit Agent or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender Credit Agent or its designee in its sole discretion may, in its own name or name, in the name of the Company or otherwise, demand, sxx sue for, collect or receive any money or property at any time tixx payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender Credit Agent so requests, hold in trust for the benefit of the Lenders and forthwith pay to the Lender Credit Agent at its principal office designated by Notice hereunder, all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender Credit Agent as to the source of such funds, and (c) all amounts so received and collected by the Lender Credit Agent shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Mortgage Com Inc)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and is continuing, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or in the name of the Company or otherwise, demand, sxx xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so 90 requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts amount" thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts amount" so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Gestation Warehousing Credit and Security Agreement (Finet Holdings Corp)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and be continuing, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or name, in the name of the Company or otherwise, demand, sxx forsux xor, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.. 63
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (U S Home Corp /De/)
Collection and Servicing Rights. So long as no Event of ------------------------------- Default shall have occurredoccurred and be continuing, the Company Borrowers shall be entitled to service and receive and collect directly all sums payable to the Company Borrowers in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company Borrowers in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or name, in the name of the Company Borrowers or otherwise, demand, sxx xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company Borrowers shall, if the Lender so requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts thereafter received by the Company Borrowers upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Novastar Financial Inc)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and be continuing, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or name, in the name of the Company or otherwise, demand, sxx xxx for, collect or 49 receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit, Term Loan and Security Agreement (Accredited Home Lenders Holding Co)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and be continuing, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than (a) proceeds of any Purchase Commitment or proceeds of the sale of any CollateralCollateral and (b) payments and prepayments on Pledged Mortgages required to be applied to prepay Advances under Section 2.5(f) hereof. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or name, in the name of the Company or otherwise, demand, sxx forsue xxx, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (U S Home Corp /De/)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and be continuing , the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence and during the continuance of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or in the name of the Company or otherwise, demand, sxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, forthwith pay to the Lender at its principal office all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (First NLC Financial Services Inc)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and be continuing, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or in the name of the Company or otherwise, demand, sxx xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Finet Holdings Corp)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and be continuing, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or name, in the name of the Company or otherwise, demand, sxx sux for, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (U S Home Corp /De/)
Collection and Servicing Rights. So long as no Event of Default shall ------------------------------- have occurred, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or in the name name, of the Company or otherwise, demand, sxx xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the the. Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, forthwith pay to the Lender at its principal office all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Iown Holdings Inc)
Collection and Servicing Rights. So long as no Event of Default shall have occurred, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or in the name of the Company or otherwise, demand, sxx forsue xxx, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, forthwith pay to the Lender at its principal office all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (BNC Mortgage Inc)
Collection and Servicing Rights. So long as no Event of Default shall have occurred, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any CollateralCollateral unless deposited to funding account. Following the occurrence of any Event of Default, Default the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or in the name of the Company or otherwise, demand, sxx forsue xxx, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, forthwith pay to the Lender at its principal office all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (E Loan Inc)
Collection and Servicing Rights. So long as no Event of Default shall ------------------------------- have occurredoccurred and be continuing, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or name, in the name of the Company or otherwise, demand, sxx xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (National Mortgage Corp)
Collection and Servicing Rights. So long as no Event of Default shall have occurred, the Company shall be entitled to service and service, receive and collect directly all sums payable to the Company in respect of the Collateral other than Collateral, except amounts payable to the Company for the purchase by any Investor under a Purchase Commitment of any Mortgage Loans which are funded in whole or in part with the proceeds of any Purchase Commitment or proceeds Advance, which amounts shall be paid directly to the Bank. The Company shall direct each Investor to pay the amounts payable for the purchase of such Mortgage Loans directly to the sale of any CollateralBank. Following the occurrence of any Event of Default, the Lender or its designee Bank shall thereafter thereafter, upon written notice to the Company, be entitled to service and service, receive and collect all sums stuns payable to the Company in respect of the Collateral, and in such case case: (a) the Lender or its designee Bank in its discretion may, in its own name or in the name of the Company or otherwise, demand, sxx sue for, collect or receive any money or property at any time payable or xx receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, ; (b) the Company shall, if the Lender so Bank requests, forthwith pay to the Lender Bank at its principal office or such other place as the Bank may designate all amounts thereafter received by the Company upon or in respect of or any of the Collateral, advising the Lender Bank as to the source of such funds, ; and (c) all amounts so received and collected by the Lender Bank shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Franklin Credit Management Corp/De/)
Collection and Servicing Rights. So long as no Event of Default shall have occurredoccurred and be continuing, the Company shall be entitled to service and receive and collect directly all sums payable to the Company in respect of the Collateral other than proceeds of any Purchase Commitment or proceeds of the sale of any Collateral. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or name, in the name of the Company or otherwise, demand, sxx sue for, collect or receive 49 xeceive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, hold in trust for the benefit of the Lender and forthwith pay to the Lender at its principal office designated by Notice hereunder, all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Warehousing Credit, Term Loan and Security Agreement (Accredited Home Lenders Holding Co)
Collection and Servicing Rights. So long as no Event of Default shall ------------------------------- have occurred, the Company shall be entitled to service and service, receive and collect directly all sums payable to the Company in respect of the Collateral other than Collateral, except amounts payable to the Company for the purchase by any Investor under a Purchase Commitment of any Mortgage Loans which are funded in whole or in part with the proceeds of any Purchase Commitment or proceeds Advance, which amounts shall be paid directly to the Lender. The Company shall direct each Investor to pay the amounts payable for the purchase of such Mortgage Loans directly to the sale of any CollateralLender. Following the occurrence of any Event of Default, the Lender or its designee shall thereafter be entitled to service and service, receive and collect all sums payable to the Company in respect of the Collateral, and in such case (a) the Lender or its designee in its discretion may, in its own name or in the name of the Company or otherwise, demand, sxx xxx for, collect or receive any money or property at any time payable or receivable on account of or in exchange for any of the Collateral, but shall be under no obligation to do so, (b) the Company shall, if the Lender so requests, forthwith pay to the Lender at its principal office or such other place as the Lender may designate all amounts thereafter received by the Company upon or in respect of any of the Collateral, advising the Lender as to the source of such funds, and (c) all amounts so received and collected by the Lender shall be held by it as part of the Collateral.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Preferred Credit Corp)