Delivery of Mortgage Loans. The Seller has no reason to believe, after reasonable and diligent inquiry respecting (among other things) the relevant Mortgage Loan Documents, the characteristics and quality of the Mortgage Loans, that the transfer will not occur as required pursuant to this Repurchase Agreement.
Delivery of Mortgage Loans. Seller shall deliver Mortgage Loans in sufficient quantity and Outstanding Principal Balance to enable Purchaser to consummate the sale or swap as contemplated under the related Takeout Commitment. Should Seller fail to deliver Mortgage Loans in sufficient quantity and Outstanding Principal Balance, Seller shall indemnify Purchaser for any and all losses sustained by Purchaser arising out of the related Takeout Commitment.
Delivery of Mortgage Loans. All of the Required Documents for Mortgage Loans that are to be Purchased Loans for a Transaction shall be delivered to the Buyer (or the Custodian, if so directed by the Buyer) at least one Business Day prior to the Purchase Date for such Transaction.
Delivery of Mortgage Loans. From time to time, the Grantor shall deliver or cause to be delivered to the Collateral Agent Eligible Mortgage Loans to be included in the HomeSide Tranche A Borrowing Base as permitted pursuant to the Credit Agreement, by delivery to the Collateral Agent of a HomeSide Tranche A Borrowing Base Addition Report in the form of ATTACHMENT 1-A hereto, with all blanks completed in conformity therewith, together with those documents, instruments and agreements described on ATTACHMENT 2 hereto (the "Required Documents"), except to the extent such Eligible Mortgage Loan constitutes an Eligible Wet Loan, in which case the Required Documents shall be delivered to the Collateral Agent within 10 days after the date such Eligible Wet Loan is included in the HomeSide Tranche A Borrowing Base. Additionally, if requested by the Administrative Agent, the Grantor shall use diligent efforts to promptly deliver to the Collateral Agent the items described on ATTACHMENT 8 hereto (the "Additional Required Documents"). Whenever the Grantor shall deliver Eligible Mortgage Loans for inclusion in the HomeSide Tranche A Borrowing Base, the Grantor shall be deemed to have represented and warranted that (i) it has delivered to the Collateral Agent (or, in the case of an Eligible Wet Loan, will deliver to the Collateral Agent within 10 days after the date such Eligible Wet Loan is included in the HomeSide Tranche A Borrowing Base) the Required Documents, and (ii) it holds in its possession or is using diligent efforts to obtain possession of the Additional Required Documents and to deliver the Additional Required Documents to the Collateral Agent. The Grantor shall hold the Additional Required Documents in its possession in trust for the benefit of the Secured Parties until delivery thereof to the Collateral Agent as provided herein.
Delivery of Mortgage Loans. Seller shall deliver Mortgage Loans in sufficient quantity and outstanding principal balance to enable Purchaser to consummate the sale or swap as contemplated under the related Takeout Commitment.
Delivery of Mortgage Loans. In connection with the assignment of all of the Company's right, title and interest in and to the Mortgage Loans and related Mortgage Loan Documents, the Company has delivered to, and deposited with, the Trustee the Mortgage Loans and related Mortgage Loan Documents. The Trustee acknowledges receipt of the files representing Mortgage Loan Documents and declares that it holds and will hold such Mortgage Loan Documents in trust for the use and benefit of all present and future Noteholders. The Servicer will submit the related Assignments for recording within three Business Days after the Closing Date at the expense of the Company. The Trustee shall deliver a certification on the Closing Date, indicating that it has reviewed each Mortgage File and the Schedule of Mortgage Loans and has determined that: except as set forth on the schedule of exceptions attached thereto, all required documents have been executed and received, that such documents relate to the Mortgage Loans identified on the Schedule of Mortgage Loans, and each Mortgage File contains an original Mortgage Note related to each such Mortgage Loan executed by the Mortgagor. The Trustee agrees, for the benefit of Noteholders, to review each Mortgage Loan Document delivered to it after the Closing Date within 30 days after the Grant of the related Mortgage Loan to the Trustee to ascertain that all required documents related to such Mortgage Loan have been executed and received, and that such documents relate to the Mortgage Loans identified in the Schedule of Mortgage Loans that have been provided to it and that each related Mortgage File contains an original Mortgage Note related to each such Mortgage Loan executed by the Mortgagor listed on the Schedule of Mortgage Loans either endorsed in blank by the original payee or showing a complete chain of title through to the Trustee. If the Trustee finds any document or documents constituting a part of the Mortgage Loan Documents to be missing or defective in any material respect, the Trustee shall promptly so notify the Company and the Seller and request that the Seller correct or cure such omission or defect within 90 days from the date the Seller was notified of such omission or defect. If within such 90-day period the Seller fails to cure such omission or defect, then the Company shall cause the Seller to deposit the Mortgage Purchase Price for the related Mortgage Loan in the Collection Account on the second Business Day prior to the Distribution Dat...
Delivery of Mortgage Loans. A Mortgage Loan shall be deemed to -------------------------- have been delivered and pledged to the Agent under this Pledge and Security Agreement when:
(a) the Agent has received, with respect to such Mortgage Loan, (i) an Agreement to Pledge, duly completed and executed by the Company, (ii) a Collateral Identification Letter duly completed and executed by the Company and (iii) a Loan Detail Listing, duly completed; and
(b) either
(i) a wire transfer of funds from the Wet Funding Clearing Account has been initiated for the purpose of funding the origination or purchase of such Mortgage Loan;
(ii) a draft drawn upon the Agent for the purpose of funding the origination or purchase of such Mortgage Loan has been received by the Agent and has cleared the Agent's payment process; or
(iii) a draft drawn upon the Agent for the purpose of funding the origination or purchase of such Mortgage Loan has been accepted by the Agent, or the Agent has otherwise assured payment thereof. The documents referred to in clause (a) of the preceding sentence shall be transmitted to the Agent by telecopier or electronic data transmission not later than 12:30 p.m. (Minneapolis time) on the applicable Warehousing Borrowing Date selected for funding such Mortgage Loan, and the originally executed copies of such documents shall be delivered to the Agent by courier on the following Business Day.
Delivery of Mortgage Loans. 30 6.18 Well-Capitalized................................................30
Delivery of Mortgage Loans. The Borrower has no reason to believe, after reasonable and diligent inquiry respecting (among other things) its applicable Approvals, the relevant Mortgage Loan Documents, and Mortgage Loan Documents, the relevant Investor Requirements, the characteristics and quality of the Mortgage Loans, that the Whole Loan Transfer and/or issuance of the Agency MBS, as applicable, will fail to be consummated as contemplated therein 6.18 Well-Capitalized. As of the Effective Date, the Borrower is Well Capitalized.
Delivery of Mortgage Loans. A Mortgage Loan shall be deemed to have been delivered under this Pledge and Security Agreement when the following described instruments and documents shall have been delivered to the Bank in accordance with the provisions of this Section 4.01:
(a) the original Mortgage Note evidencing such Mortgage Loan, duly endorsed in blank as follows: "Pay to the order of, ------------------------------- without recourse EXPRESS AMERICA MORTGAGE CORPORATION By ----------------------------- Title " --------------------------
(b) an original or a copy of the Mortgage securing such Mortgage Loan, containing all recording information;
(c) a duly executed appropriate assignment of said Mortgage in favor of the Bank and in recordable form;
(d) if there are any intermediate assignments of said Mortgage, an original or a copy of each such assignment, containing all recording information;
(e) if any of the foregoing documents was executed on behalf of a party thereto by another Person under a power of attorney, the original or a copy of the executed copy of such power of attorney, containing all recording information; and
(f) a Transmittal Letter listing all documents being delivered to the Bank. -5- The instruments and documents to be delivered under this Section 4.01 shall be delivered no later than 10:00 a.m. (Minneapolis time) on the Business Day preceding the Business Day on which the Advance is to be made for the purpose of financing the repurchase of such Mortgage Loan.
