Entire Agreement Amendments and Waivers Separate Actions by Buyer. 51 Section 8.01 Entire Agreement; Amendments 51 Section 8.02 Waivers, Separate Actions by Buyer 51 ARTICLE IX SUCCESSORS AND ASSIGNS 52 Section 9.01 Successors and Assigns 52 Section 9.02 Participations and Transfers 52 Section 9.03 Buyer and Participant Register 53 ARTICLE X AGENT PROVISIONS 54 Section 10.01 Appointment of Administrative Agent 54 Section 10.02 Powers and Duties 54 Section 10.03 Rights, Exculpation, Etc 55 Section 10.04 Administrative Agent to Act as Buyer 55 Section 10.05 Buyer’s Representations, Warranties and Acknowledgment 55 Section 10.06 Right to Indemnity 56 Section 10.07 Successor Administrative Agent 57 Section 10.08 Delegation of Duties 58 Section 10.09 Right to Realize on Collateral 58 Section 10.10 Erroneous Payments 58 ARTICLE XI MISCELLANEOUS 60 Section 11.01 Survival 60 Section 11.02 Indemnification 60 Section 11.03 Nonliability of Buyer 60 Section 11.04 Governing Law; Submission to Jurisdiction; Waivers 61 Section 11.05 Notices 62 Section 11.06 Severability 64 Section 11.07 Section Headings 64 Section 11.08 Counterparts 64 Section 11.09 Periodic Due Diligence Review 64 Section 11.10 Hypothecation or Pledge of Repurchase Assets 65 Section 11.11 Confidentiality 65 Section 11.12 Set-off; Netting 66 Section 11.13 Intent 67 Section 11.14 Consent 68 Schedule 1 – Responsible Officers of Seller Schedule 2 – Asset Schedule Schedule 3 – Buyer Account Schedule 4 – List of Competitors Exhibit A – Form of Transaction Notice Exhibit B – Existing Indebtedness MASTER REPURCHASE AGREEMENT This Master Repurchase Agreement (“Agreement”) is made as of January 25, 2024, among NOMURA CORPORATE FUNDING AMERICAS, LLC (“NCFA”), as administrative agent (the “Administrative Agent”), NOMURA CORPORATE FUNDING AMERICAS, LLC (“NCFA”), as buyer (“Buyer”), and XXXXXXXXX.XXX, LLC (“loanDepot”), as seller (“Seller”). Capitalized terms have the meanings specified in Sections 1.01 and 1.02.
Entire Agreement Amendments and Waivers Separate Actions by Buyer. 51 Section 8.01 Entire Agreement; Amendments 51 Section 8.02 Waivers, Separate Actions by Buyer 52 ARTICLE IX SUCCESSORS AND ASSIGNS 52 Section 9.01 Successors and Assigns 52 Section 9.02 Participations and Transfers 52 Section 9.03 Buyer and Participant Register 54 ARTICLE X ________________________ 54 Section 10.01 Appointment of Administrative Agent 54 Section 10.02 Powers and Duties 55
Entire Agreement Amendments and Waivers Separate Actions by Buyer. 46 Section 8.01 Entire Agreement; Amendments 46 Section 8.02 Waivers, Separate Actions by Buyer 47 ARTICLE IX SUCCESSORS AND ASSIGNS 47 Section 9.01 Successors and Assigns 47 Section 9.02 Transfers 47 Section 9.03 Buyer and Transaction Register 48 ARTICLE X MISCELLANEOUS 48 Section 10.01 Survival 48 Section 10.02 Nonliability of Buyer Parties 48 Section 10.03 Governing Law; Jurisdiction, Waiver of Jury Trial: Waiver of Damages 49 Section 10.04 Notices 50 Section 10.05 Severability 51 Section 10.06 Section Headings 52 Section 10.07 Counterparts 52 Section 10.08 Periodic Due Diligence Review 52 Section 10.09 Hypothecation or Pledge of Repurchase Assets 52 Section 10.10 Non-Confidentiality of Tax Treatment 53 Section 10.11 Set-off 54 Section 10.12 Intent 54 Section 10.13 Third Party Beneficiaries 55
Entire Agreement Amendments and Waivers Separate Actions by Buyer
