Common use of Failure to Enter into Transaction; Cancellation of Transaction Clause in Contracts

Failure to Enter into Transaction; Cancellation of Transaction. If Seller fails five (5) times or more to enter into a Transaction after Seller has requested a Transaction and submitted an Asset Data Record in connection with such request, for each Transaction requested by Seller thereafter for which Seller fails to enter into such Transaction, Seller shall pay Buyer the Breakage Fee and reimburse Buyer for any reasonable out-of-pocket losses, costs and expenses incurred by Buyer in connection with such failure to enter into the Transaction, including, without limitation, costs relating to re-employment of funds obtained by Buyer and fees payable to terminate the arrangements through which such funds were obtained. In addition, if following disbursement by Buyer of the Purchase Price relating to any Transaction, Seller cancels such Transaction, regardless of the number of Transactions Seller has previously cancelled, Seller shall pay Buyer a price differential on such Purchase Price from the Date of Disbursement until, but not including, the date the Purchase Price is returned to Buyer.

Failure to Enter into Transaction; Cancellation of Transaction. If Other than those Transactions that Buyer declines, or a return of Repurchase Price of a Wet Mortgage Loan as defined in Section 3.6(d) if Seller fails five (5) times or more to enter into a particular Transaction after Seller has requested a particular Transaction and submitted an a Asset Data Record in connection with such request, for each Transaction requested by Seller thereafter for which Seller fails to enter into such Transaction, Seller shall pay Buyer the Breakage Fee and reimburse Buyer for any reasonable out-of-pocket losses, costs and expenses incurred by Buyer in connection with such failure to enter into the Transaction, including, without limitation, costs relating to re-employment of funds obtained by Buyer and fees payable to terminate the arrangements through which such funds were obtained. In addition, if following disbursement by Buyer of the Purchase Price relating to any Transaction, Seller cancels such Transaction, regardless of the number of Transactions Seller has previously cancelled, Seller shall pay Buyer a price differential on such Purchase Price from the Date of Disbursement until, but not including, the date the Purchase Price is returned to Buyer.

Failure to Enter into Transaction; Cancellation of Transaction. If Seller fails five (5) times or more to enter into a Transaction after Seller has requested a Transaction and submitted an Asset Data Record in connection with such request, for each Transaction requested by Seller thereafter for which Seller fails to enter into such Transaction, Seller shall pay Buyer the Breakage Fee and reimburse Buyer for any reasonable out-of-pocket losses, costs and expenses incurred by Buyer in connection with such failure to enter into the Transaction, including, without limitation, costs relating to re-employment of funds obtained by Buyer and fees payable to terminate the arrangements through which such funds were obtained. In addition, if following disbursement by Buyer of the Purchase Price relating to any Transaction, Seller cancels such Transaction, regardless of the number of Transactions Seller has previously cancelled, Seller shall pay Buyer a price differential Price Differential on such Purchase Price from the Date of Disbursement until, but not including, the date the Purchase Price is returned to Buyer.

Failure to Enter into Transaction; Cancellation of Transaction. If Seller fails five (5) times or more to enter into a Transaction in each case, after Seller has requested a such Transaction and submitted an Asset Data Record in connection with such request, and regarding which Buyer is otherwise ready and willing to fund, for each Transaction requested by Seller thereafter for which Seller fails to enter into such TransactionTransaction after Seller has requested such Transaction and submitted an Asset Data Record in connection with such request, Seller shall pay Buyer the Breakage Fee and reimburse Buyer for any reasonable and documented out-of-pocket losses, costs and expenses incurred by Buyer in connection with such failure to enter into the Transaction, including, without limitation, costs relating to re-employment of funds obtained by Buyer and fees payable paid to terminate the arrangements through which such funds were obtained. In addition, with respect to any Transaction, including the initial Transaction, if following disbursement by Buyer of the Purchase Price relating to any such Transaction, Seller cancels such Transaction, regardless of the number of Transactions Seller has previously cancelledin each case, Seller shall pay Buyer a price differential Price Differential on such Purchase Price from the Date date of Disbursement disbursement thereof until, but not including, the date the Purchase Price is returned to Buyer.

Failure to Enter into Transaction; Cancellation of Transaction. If Seller fails five (5) times or more to enter into a Transaction during any continuous twelve-month period, in each case, after Seller has requested a such Transaction and submitted an Asset Data Record in connection with such request, for each Transaction requested by Seller thereafter for which Seller fails to enter into such TransactionTransaction after Seller has requested such Transaction and submitted an Asset Data Record in connection with such request, Seller shall pay Buyer the Breakage Fee any breakage fees and reimburse Buyer for any reasonable out-of-pocket losses, costs and expenses incurred by Buyer in connection with such failure to enter into the Transaction, including, without limitation, costs relating to re-employment of funds obtained by Buyer and fees payable to terminate the arrangements through which such funds were obtained. In addition, with respect to any Transaction, including the initial Transaction, if following disbursement by Buyer of the Purchase Price relating to any such Transaction, Seller cancels such Transaction, regardless of the number of Transactions Seller has previously cancelledin each case, Seller shall pay Buyer a price differential Price Differential on such Purchase Price from the Purchase Date of Disbursement until, but not including, the date the Purchase Price is returned to Buyer.

Failure to Enter into Transaction; Cancellation of Transaction. If Seller fails five (5) times or more to enter into a Transaction in each case, after Seller has requested a such Transaction and submitted an Asset Data Record in connection with such request, for each Transaction requested by Seller thereafter for which Seller fails to enter into such TransactionTransaction after Seller has requested such Transaction and submitted an Asset Data Record in connection with such request, Seller shall pay Buyer the Breakage Fee and and/or reimburse Buyer for any reasonable out-of-pocket losses, costs and expenses incurred by Buyer in connection with such failure to enter into the Transaction, including, without limitation, costs relating to re-employment of funds obtained by Buyer and fees payable to terminate the arrangements through which such funds were obtained. In addition, with respect to any Transaction, including the initial Transaction, if following disbursement by Buyer of the Purchase Price relating to any such Transaction, Seller cancels such Transaction, regardless of the number of Transactions Seller has previously cancelledin each case, Seller shall pay Buyer a price differential Price Differential on such Purchase Price from the Purchase Date of Disbursement until, but not including, the date the Purchase Price is returned to Buyer.

Failure to Enter into Transaction; Cancellation of Transaction. If Seller fails five (5) [***] times or more to enter into a Transaction in each case, after Seller has requested a such Transaction and submitted an Asset Data Record in connection with such request, for each Transaction requested by Seller thereafter for which Seller fails to enter into such TransactionTransaction after Seller has requested such Transaction and submitted an Asset Data Record in connection with such request, Seller shall pay Buyer the Breakage Fee any breakage fees and reimburse Buyer for any reasonable out-of-pocket losses, costs and expenses incurred by Buyer in connection with such failure to enter into the Transaction, including, without limitation, costs relating to re-employment of funds obtained by Buyer and fees payable to terminate the arrangements through which such funds were obtained. In addition, with respect to any Transaction, including the initial Transaction, if following disbursement by Buyer of the Purchase Price relating to any such Transaction, Seller cancels such Transaction, regardless of the number of Transactions Seller has previously cancelledin each case, Seller shall pay Buyer a price differential Price Differential on such Purchase Price from the Purchase Date of Disbursement until, but not including, the date the Purchase Price is returned to Buyer.

Failure to Enter into Transaction; Cancellation of Transaction. If Seller fails five (5) times [***] or more to enter into a Transaction Transaction, in each case after Seller has requested a Transaction and submitted an Asset Data Record in connection with such request, for each Transaction requested by Seller thereafter for which Seller fails to enter into such TransactionTransaction after Seller has requested such Transaction and submitted an Asset Data Record in connection with such request, Seller shall pay Buyer the Breakage Fee any breakage fees and reimburse Buyer for any reasonable out-of-pocket losses, costs and expenses incurred by Buyer in connection with such failure to enter into the Transaction, including, without limitation, costs relating to re-employment of funds obtained by Buyer and fees payable to terminate the arrangements through which such funds were obtained. In addition, with respect to any Transaction, including the initial Transaction, if following disbursement by Buyer of the Purchase Price relating to any such Transaction, Seller cancels such Transaction, regardless of the number of Transactions Seller has previously cancelled, in each case, Seller shall pay Buyer a price differential Price Differential on such Purchase Price from the Purchase Date of Disbursement until, but not including, the date the Purchase Price is returned to Buyer.

Failure to Enter into Transaction; Cancellation of Transaction. If Seller fails five (5) times or more to enter into a Transaction in each case, after Seller has requested a such Transaction and submitted an Asset Data Record in connection with such request, for each Transaction requested by Seller thereafter for which Seller fails to enter into such TransactionTransaction after Seller has requested such Transaction and submitted an Asset Data Record in connection with such request, Seller shall pay Buyer the Breakage Fee any breakage fees and reimburse Buyer for any reasonable out-of-pocket losses, costs and expenses incurred by Buyer in connection with such failure to enter into the Transaction, including, without limitation, costs relating to re-employment of funds obtained by Buyer and fees payable to terminate the arrangements through which such funds were obtained. In addition, with respect to any Transaction, including the initial Transaction, if following disbursement by Buyer of the Purchase Price relating to any such Transaction, Seller cancels such Transaction, regardless of the number of Transactions Seller has previously cancelledin each case, Seller shall pay Buyer a price differential Price Differential on such Purchase Price from the Purchase Date of Disbursement until, but not including, the date the Purchase Price is returned to Buyer.

Failure to Enter into Transaction; Cancellation of Transaction. If Seller fails five (5) times or more to enter into a Transaction in each case, after Seller has requested a such Transaction and submitted an Asset Data Record in connection with such request, for each Transaction requested by Seller thereafter for which Seller fails to enter into such TransactionTransaction after Seller has requested such Transaction and submitted an Asset Data Record in connection with such request, Seller shall pay Buyer the Breakage Fee any breakage fees and reimburse Buyer for any reasonable and documented out-of-pocket losses, costs and expenses incurred by Buyer in connection with such failure to enter into the Transaction, including, without limitation, costs relating to re-employment of funds obtained by Buyer and fees payable to terminate the arrangements through which such funds were obtained. In addition, with respect to any Transaction, including the initial Transaction, if following disbursement by Buyer of the Purchase Price relating to any such Transaction, Seller cancels such Transaction, regardless of the number of Transactions Seller has previously cancelledin each case, Seller shall pay Buyer a price differential Price Differential on such Purchase Price from the Purchase Date of Disbursement until, but not including, the date the Purchase Price is returned to Buyer.

Failure to Enter into Transaction; Cancellation of Transaction. If Other than those Transactions that Buyer declines, or a return of Repurchase Price of a Wet Mortgage Loan as defined in Section 3.6(d) if Seller fails five (5) times or more to enter into a particular Transaction after Seller has requested a particular Transaction and submitted an Asset Data Record in connection with such request, for each Transaction requested by Seller thereafter for which Seller fails to enter into such Transaction, Seller shall pay Buyer the Breakage Fee and reimburse Buyer for any reasonable out-of-pocket losses, costs and expenses incurred by Buyer in connection with such failure to enter into the Transaction, including, without limitation, costs relating to re-employment of funds obtained by Buyer and fees payable to terminate the arrangements through which such funds were obtained. In addition, if following disbursement by Buyer of the Purchase Price relating to any Transaction, Seller cancels such Transaction, regardless of the number of Transactions Seller has previously cancelled, Seller shall pay Buyer a price differential on such Purchase Price from the Date of Disbursement until, but not including, the date the Purchase Price is returned to Buyer.