Common use of Delivery of Mortgage Loans Clause in Contracts

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. 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 HonoMo Tranche A Borrowing Base as permitted pursuant to the Credit Agreement, by delivery to the Collateral Agent of a HomeSide HonoMo 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 HonoMo 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 tine "Additional Required Documents"). Whenever the Grantor shall deliver Eligible Mortgage Loans for inclusion in the HomeSide HonoMo 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 HonoMo 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. 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 been delivered and warranted that pledged to the Agent, for the benefit of the Lenders, under this Pledge and Security Agreement when: (a) the Agent has received, with respect to such Mortgage Loan, (i) it has delivered an Agreement to Pledge, duly completed and executed by 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 DocumentsBorrower, and (ii) it holds a Loan Detail Listing, duly completed; and (b) either (i) a wire transfer of funds from the Good Funds Wire Clearing Account has been initiated for the purpose of funding the origination or purchase of such Mortgage Loan or funds have been deposited by the Agent into the Operating Account upon confirmation of delivery of wire to title company, closing agent or loan seller; (ii) a wire transfer of funds to a title company or closing agent from the Operating Account has been initiated for the purpose of funding the origination of such Mortgage Loan; or (iii) a check or 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 its possession or is using diligent efforts to obtain possession clause (a) of the Additional Required Documents and to deliver the Additional Required Documents preceding sentence shall be transmitted to the Collateral Agent by telecopier or electronic data transmission not later than (A) 1:00 P.M. (Minneapolis time) on the applicable Borrowing Date if such Mortgage Loan is to be financed from proceeds of Loans and (B) 3:00 P.M. (Minneapolis time) on the applicable Borrowing Date if such Mortgage Loan is to be financed from proceeds of a Swingline Loan. (c) Notwithstanding the prior provisions of this Section, a Mortgage Loan shall also be deemed to have been delivered and pledged to the Agent. The Grantor shall hold the Additional Required Documents in its possession in trust , for the benefit of the Secured Parties until delivery thereof Lenders, under this Agreement when a wire has been initiated from the Operating Account to a title company or closing agent and, within two Business Days of the Collateral initiation of such wire, the Agent as provided hereinreceives an Agreement to Pledge Letter, the Loan Detail Listing and a copy of the wire so initiated.

Delivery of Mortgage Loans. From time A Mortgage Loan shall be deemed to have been delivered and pledged to the Agent, for the benefit of the Lenders, 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 Borrower, and (ii) a Loan Detail Listing, duly completed; and (b) either (i) a wire transfer of funds from the Good Funds Wire Clearing Account has been initiated for the purpose of funding the origination or purchase of such Mortgage Loan or funds have been deposited by the Agent into the Operating Account upon confirmation of delivery of wire to title company, closing agent or loan seller; (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 check or 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 (A) 1:00 P.M. (Minneapolis time, ) on the Grantor shall deliver or cause applicable Borrowing Date if such Mortgage Loan is to be delivered to financed from proceeds of Loans and (B) 3:00 P.M. (Minneapolis time) on the Collateral Agent Eligible applicable Borrowing Date if such Mortgage Loans Loan is to be included in the HomeSide Tranche A Borrowing Base as permitted pursuant to the Credit Agreement, by delivery to the Collateral Agent financed from proceeds 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 Swingline Loan, in which case and the Required Documents originally executed copies of such documents shall be delivered to the Collateral Agent within 10 days after by courier on 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 hereinfollowing Business Day.