Hypothecation or Pledge of Loans. The Lender shall have free and unrestricted use of all Collateral and nothing in this Loan Agreement shall preclude the Lender from engaging in repurchase transactions with the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Collateral. Nothing contained in this Loan Agreement shall obligate the Lender to segregate any Collateral delivered to the Lender by the Borrower.
Hypothecation or Pledge of Loans. The Lender shall have free and unrestricted use of all Collateral and nothing in this Loan Agreement shall preclude the Lender from engaging in repurchase transactions with the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Collateral, on terms, and subject to conditions, within the Lender’s absolute discretion. Nothing contained in this Loan Agreement shall obligate the Lender to segregate any Collateral delivered to the Lender by the Borrowers.
Hypothecation or Pledge of Loans. The Agent, acting at the direction of the Lenders, shall have free and unrestricted use of all Collateral and nothing in this Loan Agreement shall preclude the Agent from engaging in repurchase transactions with the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Collateral. Nothing contained in this Loan Agreement shall obligate the Agent to segregate any Collateral delivered to the Agent by the Borrowers.
Hypothecation or Pledge of Loans. Lender shall have free and unrestricted use of all Collateral and nothing in this Loan Agreement shall preclude Lender from engaging in repurchase transactions with the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Collateral or pledging or otherwise transferring its rights to payment hereunder in respect of any Loan made hereunder; provided, that no action by Lender referred to in this sentence shall confer on any Person other than Lender any right against Borrower to require any prepayment under Section 2.04 hereof or any right to enforce against Borrower any other provision of this Loan Agreement, but may grant to any Person the right to require Lender to enforce any such provisions. Nothing contained in this Loan Agreement shall obligate Lender to segregate any Collateral delivered to Lender by Borrower.
Hypothecation or Pledge of Loans. Subject to the terms of the Custodial Agreement, Agent, acting at the direction of Lender, shall have free and unrestricted use of all of Lender's interest in the Collateral and nothing in this Agreement shall preclude Lender from engaging in repurchase transactions with Lender's interest in the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating Lender's interest in the Collateral, on terms, and subject to conditions, within Lender's absolute discretion. Nothing contained in this Agreement shall obligate Agent to segregate any Collateral delivered to Agent by Borrower.
Hypothecation or Pledge of Loans. The Lender shall have free and unrestricted use of all Collateral and nothing in this Loan Agreement shall preclude the Lender from engaging in repurchase transactions with the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Collateral. Nothing contained in this Loan Agreement shall obligate the Lender to segregate any Collateral delivered to the Lender by the Borrowers. Notwithstanding the foregoing, no such pledge, repledge, transfer, hypothecation or rehypothecation shall impair the Borrower's rights with respect to the Collateral hereunder.
Hypothecation or Pledge of Loans. The Lender shall have free and unrestricted use of all Collateral and nothing in this Loan Agreement shall preclude the Lender from engaging in repurchase transactions with its interest in the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating its interest in the Collateral. Nothing contained in this Loan Agreement shall obligate the Lender to segregate any Collateral delivered to the Lender by the Borrowers. Notwithstanding the foregoing, Lender agrees to take such actions as are necessary or desirable to release or cause to be released its lien and security interest in any Mortgage Loan which is securitized (which release shall be deemed to occur not later than simultaneously with such securitization) and to promptly deliver or cause to be delivered to the Borrowers the Mortgage File relating to any such Mortgage Loan. Upon payment in full of the Secured Obligations, Lender shall take such actions as are necessary to release or cause to be released its lien and security interest in the Collateral and to cause all Mortgage Files to be returned to the Borrowers.
Hypothecation or Pledge of Loans. We shall have free and unrestricted use of all Collateral and nothing in this Loan and Security Agreement shall preclude us from engaging in repurchase transactions with the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Collateral; provided, however, that the Collateral is unique and we agree to return it in accordance with the provisions of this Loan Agreement. Nothing contained in this Loan and Security Agreement shall obligate us to segregate any Collateral delivered to us by you. If the terms of this Loan and Security Agreement are satisfactory to you, please indicate your agreement and acceptance thereof by signing a counterpart of this Loan and Security Agreement and returning it to us. Very truly yours, ASPEN FUNDING CORP. By: /s/ --------------------------------- Name: Xxxxxxx X. Xxxxxxx Title: President Agreed and Accepted: FIRSTPLUS Special Funding Corp. By: /s/ ------------------------------- Name: Xxxxx Xxxxxxxxxx Title: Senior Vice-President SCHEDULE 1 to Loan and Security Agreement dated as of December 13, 1997 between FIRSTPLUS Special Funding Corp. and Aspen Funding Corp.
Hypothecation or Pledge of Loans. Subject to the terms of the Custodial Agreement, Lender shall have free and unrestricted use of all of Lender's interest in the Collateral and nothing in this Loan Agreement shall preclude Lender from engaging in repurchase transactions with Lender's interest in the Collateral or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating Lender's interest in the Collateral, on terms, and subject to conditions, within Lender's absolute discretion. Nothing contained in this Loan Agreement shall obligate Lender to segregate any Collateral delivered to Lender by Borrower.
Hypothecation or Pledge of Loans. The Agent, acting at the direction of and for the benefit of, the Buyers, and each Buyer, shall have free and unrestricted use of all Purchased Items and nothing in this Repurchase Agreement shall preclude the Agent or a Buyer from engaging in repurchase transactions with the Purchased Items or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased Items. Nothing contained in this Repurchase Agreement shall obligate the Agent or a Buyer to segregate any Repurchased Item delivered to the Agent by the Sellers.
