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

HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. Title to all Purchased Assets and Repurchase Assets shall pass to Buyer and Buyer shall have free and unrestricted use of all Purchased Assets and Repurchase Assets, subject to the terms of this Agreement. Buyer may engage in repurchase transactions with the Purchased Assets or Repurchase Assets or otherwise engage in pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased Assets or Repurchase Assets without the prior written consent of Seller; provided, however, that, so long as no Event of Default shall have occurred and is continuing, no such transaction shall be entered into with a Disqualified Institution without the prior written consent of Seller. Nothing contained in this Agreement shall obligate Buyer to segregate any Purchased Assets 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 Facility Documents, any other document or other information delivered to Buyer by Seller.

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

HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. Title to all Purchased Assets and Repurchase Assets (other than the REO Subsidiary Interests, which Seller pledges to Buyer) shall pass to Buyer and Buyer shall have free and unrestricted use of all Purchased Assets and Repurchase Assets, subject to the terms of . Nothing in this Agreement. Agreement shall preclude Buyer may engage from engaging in repurchase transactions with the Purchased Assets or and Repurchase Assets or otherwise engage in pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased Assets or and Repurchase Assets without the prior written consent of Seller; providedAssets, howeverin each case, that, so long as at no Event of Default shall have occurred and is continuing, no such transaction shall be entered into with a Disqualified Institution without the prior written consent of additional cost to Seller. Nothing contained in this Agreement shall obligate Buyer to segregate any Purchased Assets or and Repurchase Assets delivered to Buyer by Sellerthe Seller Parties. Notwithstanding the foregoing, nothing in this Section 12 shall relieve the Buyer may distribute, subject from its obligation to first obtaining a customary confidentiality agreement, return the Purchased Assets and Repurchase Assets to any prospective or actual repledgee this Agreement, the other Facility Documents, any other document or other information delivered to Buyer by SellerSeller upon payment of the related Repurchase Price on the related Repurchase Date.

HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to all Purchased Assets and Repurchase Assets shall pass to Buyer. Nothing in this Repurchase Agreement shall preclude the Buyer and Buyer shall have free and unrestricted use of all Purchased Assets and Repurchase Assets, subject to the terms of this Agreement. Buyer may engage from engaging in repurchase transactions with the Purchased Assets or Repurchase otherwise pledging or repledging the Purchased Assets or and, in the event of a Default by either Seller, from otherwise engage in pledging, repledging, transferring, hypothecating, hypothecating or rehypothecating the Purchased Assets or Repurchase Assets without the prior written consent of SellerAssets; provided, however, that, so long as no Event of Default shall have occurred and is continuing, but no such transaction shall relieve Buyer of its obligations under the Repurchase Documents, including, without limitation, its obligation to transfer the Purchased Assets pursuant to Section 3 or its obligation to credit or pay Proceeds of the Purchased Assets to the Sellers, or to apply any such Proceeds to the Obligations of the Sellers, in accordance with Section 5, or in the absence of a Default by either Seller to cause the Transaction to be entered into with a Disqualified Institution without treated in the prior written consent of Sellermanner described in Section 20. Nothing contained in this Repurchase Agreement shall obligate the Buyer to segregate any Purchased Transaction Assets or Repurchase Assets Subject Securities delivered to the Buyer by Seller. Buyer may distribute, subject the Sellers. (b) Notwithstanding anything to first obtaining a customary confidentiality agreement, to any prospective the contrary in this Repurchase Agreement or actual repledgee this Agreement, the other Facility Documents, any other document Repurchase Document, no Equity Interest, or other information delivered to Buyer by SellerSubject Security shall remain in the custody of either Seller or any Affiliate thereof.