Common use of HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS Clause in Contracts

HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. Title to all Purchased Assets and the proceeds of any related Purchased Items shall pass to Buyer and Buyer shall have free and unrestricted use of all Purchased Assets and the proceeds of any related Purchased Items. Nothing in this Agreement shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets and (and to the extent of Buyer’s interest therein) any related Purchased Items or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased Assets and (and to the extent of Buyer’s interest therein) any related Purchased Items, all on terms that Buyer may determine in its sole discretion; provided, however, that upon termination of a Transaction in accordance with the provisions of this Agreement, the related purchased Assets and other Purchased Items shall be free and clear of any security interests and other Liens created by Buyer. Nothing contained in this Agreement shall obligate Buyer to segregate any Purchased Assets and other Purchased Items delivered to Buyer by Seller.

Appears in 3 contracts

Samples: Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (ECC Capital CORP)

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HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. Title to all Purchased Assets and the proceeds of any related Purchased Items Repurchase Assets shall pass to Buyer and Buyer shall have free and unrestricted use of all Purchased Assets and Repurchase Assets, subject to the proceeds terms of any related Purchased Itemsthis Agreement. Nothing in this Agreement shall preclude Buyer from engaging may engage in repurchase transactions with the Purchased Assets and (and to the extent of Buyer’s interest therein) any related Purchased Items or Repurchase Assets or otherwise engage in pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased Assets and (and to or Repurchase Assets without the extent prior written consent of Buyer’s interest therein) any related Purchased Items, all on terms that Buyer may determine in its sole discretionSeller; provided, however, that upon termination that, so long as no Event of a Transaction in accordance with the provisions of this AgreementDefault shall have occurred and is continuing, the related purchased Assets and other Purchased Items no such transaction shall be free and clear entered into with a Disqualified Institution without the prior written consent of any security interests and other Liens created by BuyerSeller. Nothing contained in this Agreement shall obligate Buyer to segregate any Purchased Assets and or Repurchase Assets delivered to Buyer by Seller. Buyer may distribute, subject to first obtaining a customary confidentiality agreement, to any prospective or actual repledgee this Agreement, the other Purchased Items Facility Documents, any other document or other information delivered to Buyer by Seller.

Appears in 3 contracts

Samples: Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.)

HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. Title to all Purchased Assets and the proceeds of any related Purchased Items shall pass to Buyer and Buyer shall have free and unrestricted use of all Purchased Assets and the proceeds of any related Purchased Items. Nothing in this Agreement shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets and (and to the extent of Buyer’s interest therein) any related Purchased Items or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased Assets and (and to the extent of Buyer’s interest therein) any related Purchased Items, all on terms that Buyer may determine in its sole discretion, subject to Section 7(h) above; provided, however, that upon termination no such transaction shall relieve Buyer of a Transaction in accordance with the provisions of this Agreement, the related purchased its obligations to transfer Purchased Assets and other Purchased Items shall to Seller pursuant to Sections 3 and 5 or of Buyer’s obligation to credit or pay Income to, or apply Income to the obligations of Seller pursuant to Section 5 hereof; provided further that no such transactions will be free treated as a sale for tax and clear of any security interests and other Liens created by Buyeraccounting purposes. Nothing contained in this Agreement shall obligate Buyer to segregate any Purchased Assets and other Purchased Items delivered to Buyer by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rait Investment Trust)

HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. Title to all Purchased Assets and the proceeds of any related Purchased Items shall pass to Buyer and Buyer shall have free and unrestricted use of all Purchased Assets and the proceeds of any related Purchased Items. Nothing in this Agreement shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets and (and to the extent of Buyer’s interest therein) any related Purchased Items or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased Assets and (and to the extent of Buyer’s interest therein) any related Purchased Items, all on terms that Buyer may determine in its sole discretion; provided, however, that upon termination no such transaction shall relieve Buyer of a Transaction in accordance with the provisions of this Agreement, the related purchased its obligations to transfer Purchased Assets and other Purchased Items shall be free and clear of any security interests and other Liens created by Buyerto Seller pursuant to Section 3. Nothing contained in this Agreement shall obligate Buyer to segregate any Purchased Assets and other Purchased Items delivered to Buyer by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Hanover Capital Mortgage Holdings Inc)

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HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. Title to all Purchased Assets and the proceeds of any related Purchased Items shall pass to Buyer and Buyer shall have free and unrestricted use of all Purchased Assets and the proceeds of any related Purchased Items, subject in each case to the rights of the related Servicer on the Servicing File. Nothing in this Agreement shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets and (and to the extent of Buyer’s interest therein) any related Purchased Items or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased Assets and (and to the extent of Buyer’s interest therein) any related Purchased Items, all on terms that Buyer may determine in its sole discretion; provided, however, that upon termination no such transaction shall relieve Buyer of a Transaction in accordance with the provisions of this Agreement, the related purchased its obligations to transfer Purchased Assets and other Purchased Items shall be free and clear of any security interests and other Liens created by Buyerto Seller pursuant to Section 3. Nothing contained in this Agreement shall obligate Buyer to segregate any Purchased Assets and other Purchased Items delivered to Buyer by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Hanover Capital Mortgage Holdings Inc)

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