Delivery of Collateral Documents. (a) Lender may deliver documents relating to the Collateral to Borrower for correction or completion under a Trust Receipt. (b) If no Default or Event of Default exists, upon delivery by Borrower to Lender of shipping instructions pursuant to the applicable Exhibit B, Lender will deliver the Mortgage Notes evidencing Pledged Loans or Pledged Securities, together with all related loan documents and pool documents previously received by Lender under the requirements of the applicable Exhibit B, to the designated Investor or Approved Custodian or to another party designated by Borrower and acceptable to Lender in its sole discretion. (c) If a Default or Event of Default exists, Lender may, without liability to Borrower or any other Person, continue to deliver Pledged Loans or Pledged Securities, together with all related loan documents and pool documents in Lender’s possession, to the applicable Investor, or Approved Custodian or to another party acceptable to Lender in its sole discretion.
Appears in 5 contracts
Samples: Warehousing Credit and Security Agreement (Commercial Capital Bancorp Inc), Warehousing Credit and Security Agreement (Mortgageit Holdings Inc), Warehousing Credit and Security Agreement (MortgageIT Holdings, Inc.)
Delivery of Collateral Documents. (a) Lender may deliver documents relating to the Collateral to Borrower for correction or completion under a Trust Receipt.
(b) If no Default or Event of Default exists, upon delivery by Borrower to Lender of shipping instructions pursuant to the applicable Exhibit B, Lender will deliver the Mortgage Notes evidencing Pledged Loans or Pledged Securities, together with all related loan documents and pool documents previously received by Lender under the requirements of the applicable Exhibit B, to the designated Investor or Approved Custodian or to another party designated by Borrower and acceptable to Lender in its sole discretion.
(c) If a Default or Event of Default exists, Lender may, without liability to Borrower or any other Person, continue to deliver Pledged Loans or Pledged Securities, together with all related loan documents and pool documents in Lender’s 's possession, to the applicable Investor, or Approved Custodian or to another party acceptable to Lender in its sole discretion.. End of Article 4
Appears in 2 contracts
Samples: Warehousing Credit and Security Agreement (Commercial Capital Bancorp Inc), Warehousing Credit and Security Agreement (American Business Financial Services Inc /De/)
Delivery of Collateral Documents. (a) Lender may deliver documents relating to the Collateral to Borrower for correction or completion under a Trust Receipt.
(b) If no Default or Event of Default exists, upon delivery by Borrower to Lender of shipping instructions pursuant to the applicable Exhibit EXHIBIT B, Lender will deliver the Mortgage Notes evidencing Pledged Loans or Pledged Securities, together with all related loan documents and pool documents previously received by Lender under the requirements of the applicable Exhibit EXHIBIT B, to the designated Investor or Approved Custodian or to another party designated by Borrower and acceptable to Lender in its sole discretion.
(c) If a Default or Event of Default exists, Lender may, without liability to Borrower or any other Person, continue to deliver Pledged Loans or Pledged Securities, together with all related loan documents and pool documents in Lender’s 's possession, to the applicable Investor, or Approved Custodian or to another party acceptable to Lender in its sole discretion.. END OF ARTICLE 4
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (MortgageIT Holdings, Inc.)
Delivery of Collateral Documents. (a) Lender may deliver documents relating to the Collateral to Borrower for correction or completion under a Trust Receipt.
(b) If no Default or Event of Default exists, upon delivery by Borrower to Lender of shipping instructions pursuant to the applicable Exhibit B, Lender will deliver the Mortgage Notes evidencing Pledged Loans or Pledged Securities, together with all related loan documents and pool documents previously received by Lender under the requirements of the applicable Exhibit B, to the designated Investor or Approved Custodian or to another party designated by Borrower and acceptable to Lender in its sole discretion.
(c) If a Default or an Event of Default exists, Lender may, without liability to Borrower or any other Person, continue to deliver Pledged Loans or Pledged Securities, together with all related loan documents and pool documents in Lender’s possession, to the applicable Investor, or Approved Custodian or to another party acceptable to Lender in its sole discretion.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (First NLC Financial Services Inc)
Delivery of Collateral Documents. (a) Lender may deliver documents relating to the Collateral to Borrower for correction or completion under a Trust Receipt.
(b) If no Default or Event of Default exists, upon delivery by Borrower to Lender of shipping instructions pursuant to the applicable Exhibit B, Lender will deliver the Mortgage Notes evidencing Pledged Loans or Pledged Securities, together with all related loan documents and pool documents previously received by Lender under the requirements of the applicable Exhibit B, to the designated Investor or Approved Custodian or to another party designated by Borrower and acceptable to Lender in its sole discretion.
(c) If a Default or Event of Default exists, Lender may, without liability to Borrower or any other Person, continue to deliver Pledged Loans or Pledged Securities, together with all related loan documents and pool documents in Lender’s 's possession, to the applicable Investor, or Approved Custodian or to another party acceptable to Lender in its sole discretion.. END OF ARTICLE 4 CONDITIONS PRECEDENT
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (MortgageIT Holdings, Inc.)
Delivery of Collateral Documents. (a) Lender may deliver documents relating to the Collateral to Borrower for correction or completion under a Trust Receipt.
(b) If no Default or Event of Default exists, upon delivery by Borrower to Lender of shipping instructions pursuant to the applicable Exhibit B, Lender will deliver the Mortgage Notes evidencing Pledged Loans or Pledged Securities, together with all related loan documents and pool documents previously received by Lender under the requirements of the applicable Exhibit B, Q to the designated Investor or Approved Custodian or to another party designated by Borrower and acceptable to Lender in its sole discretion.
(c) If a Default or Event of Default exists, Lender may, without liability to Borrower or any other Person, continue to deliver Pledged Loans or Pledged Securities, together with all related loan documents and pool documents in Lender’s 's possession, to the applicable Investor, or Approved Custodian or to another party acceptable to Lender in its sole discretion.. End of Article 4
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Matrix Bancorp Inc)
Delivery of Collateral Documents. (a) Lender may deliver documents relating to the Collateral to Borrower for correction or completion under a Trust Receipt.
(b) If no Default or Event of Default exists, upon delivery by Borrower to Lender of shipping instructions pursuant to the applicable Exhibit B, Lender will deliver the Mortgage Notes evidencing transmit Pledged Loans Investments or Pledged Securities, together with all related loan documents and pool documents previously received by Lender under the requirements of the applicable Exhibit B, to the designated Investor or Approved Custodian or to another party designated by Borrower and acceptable to Lender in its sole discretion.
(c) If a Default or Event of Default exists, Lender may, without liability to Borrower or any other Person, continue to deliver Pledged Loans Investments or Pledged Securities, together with all related loan documents and pool documents in Lender’s 's possession, to the applicable Investor, or Approved Custodian or to another party acceptable to Lender in its sole discretion.
(d) Upon payment of the Release Amount for a Multifamily Property or a Commercial Property, Lender agrees to provide a satisfaction for the related Property Mortgage or consent to the transfer thereof by the Property Subsidiary. Dated: 7/1/2003 Amended: 7/24/2003
Appears in 1 contract
Samples: Structured Facility Warehousing Credit and Security Agreement (Arbor Realty Trust Inc)
Delivery of Collateral Documents. (a) Lender Credit Agent may deliver documents relating to the Collateral to Borrower for correction or completion under a Trust Receipt.
(b) If no Default or Event of Default exists, upon delivery by Borrower to Lender Credit Agent of shipping instructions pursuant to the applicable Exhibit B, Lender Credit Agent will deliver the Mortgage Notes evidencing Pledged Loans or Pledged Securities, Securities together with all related loan documents and pool documents previously received by Lender Credit Agent under the requirements of the applicable Exhibit B, B to the designated Investor or Approved Custodian or to another party designated by Borrower and acceptable to Lender Credit Agent in its sole discretion.
(c) If a Default or Event of Default exists, Lender Credit Agent may, without liability to Borrower or any other Person, continue to deliver Pledged Loans or Pledged Securities, together with all related loan documents and pool documents in LenderCredit Agent’s possession, to the applicable Investor, Investor or Approved Custodian or to another party acceptable to Lender Credit Agent in its sole discretion.
Appears in 1 contract
Samples: Mortgage Warehousing Credit and Security Agreement (Walker & Dunlop, Inc.)
Delivery of Collateral Documents. (a) Lender may deliver documents relating to the Collateral to Borrower for correction or completion under a Trust Receipt.
(b) If no Default or Event of Default exists, upon delivery by Borrower to Lender of shipping instructions pursuant to the applicable Exhibit B, Lender will deliver the Mortgage Notes evidencing Pledged Loans or Pledged Securities, together with all related loan documents and pool documents previously received by Lender under the requirements of the applicable Exhibit B, to the designated Investor or Approved Custodian or to another party designated by Borrower and acceptable to Lender in its sole discretion.
(c) If a Default or an Event of Default exists, Lender may, without liability to Borrower or any other Person, continue to deliver Pledged Loans or Pledged Securities, together with all related loan documents and pool documents in Lender’s 's possession, to the applicable Investor, or Approved Custodian or to another party acceptable to Lender in its sole discretion.. End of Article 4
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (First NLC Financial Services Inc)
Delivery of Collateral Documents. (a) Lender may deliver documents relating to the Collateral to Borrower for correction or completion under a Trust Receipt.
(b) If no Default or Event of Default exists, upon delivery by Borrower to Lender of shipping instructions pursuant to the applicable Exhibit B, Lender will deliver the Mortgage Notes evidencing Pledged Loans or Pledged Securities, together with all related loan documents and pool documents previously received by Lender under the requirements of the applicable Exhibit B, B to the designated Investor or Approved Custodian or to another party designated by Borrower and acceptable to Lender in its sole discretion.
(c) If a Default or Event of Default exists, Lender may, without liability to Borrower or any other Person, continue to deliver Pledged Loans or Pledged Securities, together with all related loan documents and pool documents in Lender’s possession, to the applicable Investor, or Approved Custodian or to another party acceptable to Lender in its sole discretion.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Homebanc Corp)
Delivery of Collateral Documents. (a) Lender may deliver documents relating to the Collateral to Borrower Borrowers for correction or completion under a Trust Receipt.
(b) If no Default or Event of Default exists, upon delivery by Borrower Borrowers to Lender of shipping instructions pursuant to the applicable Exhibit B, Lender will deliver the Mortgage Notes evidencing Pledged Loans or Pledged Securities, together with all related loan documents and pool documents previously received by Lender under the requirements of the applicable Exhibit B, to the designated Investor or Approved Custodian or to another party designated by Borrower Borrowers and acceptable to Lender in its sole discretion. All Pledged Securities delivered to Lender pursuant to this Agreement shall be held pursuant to the Custody Agreement.
(c) If a Default or Event of Default exists, Lender may, without liability to Borrower Borrowers or any other Person, continue to deliver Pledged Loans or Pledged Securities, together with all related loan documents and pool documents in Lender’s possessionpossession or control, to the applicable Investor, or Approved Custodian or to another party acceptable to Lender in its sole discretiondiscretion in accordance with its rights and remedies under this Agreement and/or other applicable Loan Document.
Appears in 1 contract
Samples: Loan and Security Agreement (Centerline Holding Co)
Delivery of Collateral Documents. (a) Lender may deliver documents relating to the Collateral to Borrower for correction or completion under a Trust Receipt.
(b) If no Default or Event of Default exists, upon delivery by Borrower to Lender of shipping instructions pursuant to the applicable Exhibit B, Lender will deliver the Mortgage Notes evidencing Pledged Loans or Pledged Securities, together with all related loan documents and pool documents previously received by Lender under the requirements of the applicable Exhibit B, to the designated Investor or Approved Custodian or to another party designated by Borrower and acceptable to Lender in its sole discretion.
(c) If a Default or Event of Default exists, Lender may, without liability to Borrower or any other Person, continue to deliver Pledged Loans or Pledged Securities, together with all related loan documents and pool documents in Lender’s 's possession, to the applicable Investor, or Approved Custodian or to another party acceptable to Lender in its sole discretion.. END OF ARTICLE 4
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (Oak Street Financial Services Inc)