Common use of Due and Payable Clause in Contracts

Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by the Buyer, the Buyer may, by notice to the Repo Seller, declare all Obligations to be immediately due and payable, and any obligation of the Buyer to enter into Transactions with the Repo Seller shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of the Buyer to enter into Transactions with the Repo Seller shall immediately terminate. the Buyer may enforce payment of the same and exercise any or all of the rights, powers and remedies possessed by the Buyer, whether under this Agreement, any other Program Agreement, the Agency Agreements or afforded by Applicable Law.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

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Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by the BuyerBuyers (at the written direction of the Indenture Trustee on behalf of the Noteholders), the Buyer mayBuyers may (at the written direction of the Indenture Trustee on behalf of the Noteholders), by notice to the Repo SellerSellers, declare all Obligations to be immediately due and payable, and any obligation of the Buyer Buyers to enter into Transactions with the Repo Seller Sellers shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d7.01(c), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of the Buyer Buyers to enter into Transactions with the Repo Seller Sellers shall immediately terminate. the Buyer The Buyers may enforce payment of the same and exercise any or all of the rights, powers and remedies possessed by the BuyerBuyers, whether under this Agreement, Agreement or any other Program Agreement, the Agency Agreements Agreement or afforded by Applicable Law.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by the BuyerBuyer (at the written direction of the Indenture Trustee on behalf of the Noteholders), the Buyer maymay (at the written direction of the Indenture Trustee on behalf of the Noteholders), by notice to the Repo Seller, declare all Obligations to be immediately due and payable, and any obligation of the Buyer to enter into Transactions with the Repo Seller shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of the Buyer to enter into Transactions with the Repo Seller shall immediately terminate. the The Buyer may enforce payment of the same and exercise any or all of the rights, powers and remedies possessed by the Buyer, whether under this Agreement, Agreement or any other Program Agreement, the Agency Agreements Agreement or afforded by Applicable Law.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by the BuyerBuyer (at the written direction of the Indenture Trustee on behalf of the Noteholders), the Buyer maymay (at the written direction of the Indenture Trustee on behalf of the Noteholders), by notice to the Repo Seller, declare all Obligations to be immediately due and payable, and any obligation of the Buyer to enter into Transactions with the Repo Seller shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d7.01(c), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of the Buyer to enter into Transactions with the Repo Seller shall immediately terminate. the The Buyer may enforce payment of the same and exercise any or all of the rights, powers and remedies possessed by the Buyer, whether under this Agreement, Agreement or any other Program Agreement, the Agency Agreements Agreement or afforded by Applicable Law. For the avoidance of doubt, the Indenture Trustee, as assignee of the Buyer’s rights and claims under this Agreement, is authorized to and may (i) exercise the rights, powers and remedies of Buyer under this Section 7.03, and (ii) may sell or otherwise dispose of any or all of the Purchased Assets and the other Repurchase Assets in accordance with the terms of the Indenture.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Financial Services, Inc.)

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Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by Xxxxx (at the Buyerwritten direction of the Indenture Trustee on behalf of the Noteholders), Buyer may (at the Buyer maywritten direction of the Indenture Trustee on behalf of the Noteholders), by notice to the Repo Seller, declare all Obligations to be immediately due and payable, and any obligation of the Buyer to enter into Transactions with the Repo Seller shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of the Buyer to enter into Transactions with the Repo Seller shall immediately terminate. the Buyer may enforce payment of the same and exercise any or all of the LEGAL02/43438678v9 rights, powers and remedies possessed by the BuyerXxxxx, whether under this Agreement, Agreement or any other Program Agreement, the Agency Agreements Agreement or afforded by Applicable Law.

Appears in 1 contract

Samples: Master Repurchase Agreement (loanDepot, Inc.)

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