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. Nothing in this Agreement shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased Assets. In furtherance, and not by limitation of, the foregoing, it is acknowledged that each counterparty with which any Buyer may engage in a transaction as contemplated hereunder is a repledge as contemplated by Sections 9-207 and 9-623 of the UCC (and the relevant Official Comments thereunder). Nothing contained in this Agreement shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by Sellers. Notwithstanding the foregoing, nothing in this Section 11 shall relieve the Buyer from its obligation to return the Purchased Assets to Sellers upon payment of the related Repurchase Price on the related Repurchase Date.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

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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. Nothing in this Agreement shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased Assets. In furtherance, and not by limitation of, the foregoing, it is acknowledged that each counterparty with which any Buyer may engage in a transaction as contemplated hereunder is a repledge as contemplated by Sections 9-207 and 9-623 of the UCC (and the relevant Official Comments thereunder). Nothing contained in this Agreement shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by Sellers. Notwithstanding the foregoing, nothing in this Section 11 shall relieve the Buyer from its obligation to return the Purchased Assets to Sellers upon payment of the related Repurchase Price on the related Repurchase Date.

Appears in 1 contract

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

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. Nothing in this Repurchase Agreement shall preclude Buyer from engaging pledging its interest in repurchase transactions with the Purchased Assets or otherwise pledgingand the related Repurchase Assets as permitted by the Facility Documents; provided, repledginghowever, transferringthat no such pledge will relieve Buyer of any of its obligations hereunder, hypothecatingincluding but not limited to, or rehypothecating its obligation to return to Sellers the exact Purchased AssetsAssets and the related Repurchase Assets and not substitutes therefor. Unless an Event of Default shall have occurred, no such pledge shall relieve Buyer of its obligations under the Facility Documents, including, without limitation, Buyer’s obligation to transfer Purchased Assets to the Sellers pursuant to the terms of the Facility Documents. In furtherance, and not by limitation of, the foregoing, it is acknowledged that each counterparty with which any Buyer may engage in a transaction as contemplated hereunder is a repledge repledgee as contemplated by Sections 9-207 and 9-623 of the UCC (and the relevant Official Comments thereunder). Nothing contained in this Repurchase Agreement shall obligate obligates Buyer to segregate any Purchased Assets or Repurchase Assets delivered to Buyer by Sellers. Notwithstanding the foregoing, nothing in this Section 11 shall relieve the Buyer from its obligation to return the Purchased Assets to Sellers upon payment of the related Repurchase Price on the related Repurchase Date.

Appears in 1 contract

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

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. Nothing in this Repurchase Agreement shall preclude Buyer from engaging pledging its interest in repurchase transactions with the Purchased Assets or otherwise pledgingand the related Repurchase Assets as permitted by the Facility Documents; provided, repledginghowever, transferringthat no such pledge will relieve Buyer of any of its obligations hereunder, hypothecatingincluding but not limited to, or rehypothecating its obligation to return to Seller the exact Purchased AssetsAssets and the related Repurchase Assets and not substitutes therefor. Unless an Event of Default shall have occurred, no such pledge shall relieve Buyer of its obligations under the Facility Documents, including, without limitation, Buyer’s obligation to transfer Purchased Assets to the Seller pursuant to the terms of the Facility Documents. In furtherance, and not by limitation of, the foregoing, it is acknowledged that each counterparty with which any Buyer Xxxxx may engage in a transaction as contemplated hereunder is a repledge repledgee as contemplated by Sections 9-207 and 9-623 of the UCC (and the relevant Official Comments thereunder). Nothing contained in this Repurchase Agreement shall obligate obligates Buyer to segregate any Purchased Assets or Repurchase Assets delivered to Buyer by Sellers. Notwithstanding the foregoing, nothing in this Section 11 shall relieve the Buyer from its obligation to return the Purchased Assets to Sellers upon payment of the related Repurchase Price on the related Repurchase DateSeller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Horton D R Inc /De/)

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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. Nothing in this Agreement shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased AssetsAssets to any Person, including without limitation, the Federal Home Loan Bank. In furtheranceUnless an Event of Default shall have occurred, and not by limitation no such transaction shall relieve Buyer of its obligations to transfer Purchased Assets to Seller pursuant to Section 3(e) hereof, or of Buyer’s obligation to credit or pay Income to, or apply Income to the obligations of, the foregoing, it is acknowledged that each counterparty with which any Buyer may engage in a transaction as contemplated hereunder is a repledge as contemplated by Sections 9-207 and 9-623 of the UCC (and the relevant Official Comments thereunder)Seller pursuant to Section 7 hereof. Nothing contained in this Agreement shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by Sellers. Notwithstanding the foregoing, nothing in this Section 11 shall relieve the Buyer from its obligation to return the Purchased Assets to Sellers upon payment of the related Repurchase Price on the related Repurchase DateSeller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.)

HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (i) . Title to all Purchased Assets and Repurchase Assets shall pass to Buyer and Buyer shall have free and unrestricted use of all Purchased Assets. Nothing in this Agreement shall preclude Buyer Buyer, at no additional cost to Seller, from engaging in repurchase transactions with the Purchased Assets or otherwise pledging, repledging, transferring, hypothecating, or rehypothecating the Purchased Assets. In furtherance, and not by limitation of, the foregoing, it is acknowledged that each counterparty with which any Buyer may engage in a transaction as contemplated hereunder is a repledge repledgee as contemplated by Sections 9-207 and 9-623 of the UCC (and the relevant Official Comments thereunder). Nothing contained in this Agreement shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by Sellers. Notwithstanding the foregoingSeller; provided, nothing in this Section 11 shall relieve the however, that Buyer from its obligation is obligated to return the specific Purchased Assets to Sellers upon payment of the related Repurchase Price on the related Repurchase Daterepurchase by Seller.

Appears in 1 contract

Samples: Master Repurchase Agreement (Finance of America Companies Inc.)

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