Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased Loans, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 14 contracts
Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close Close of business Business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close Close of business Business on such next business day Business Day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans Collateral or portion of the Purchase PriceLoaned Securities, as the case may be, previously transferred to the other party and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party any portion of the Purchase Price Loaned Securities or Purchased LoansCollateral, as the case may be, previously transferred to Agent in connection with such TransactionLoan; provided, however, that (A) the other party shall promptly (and in any event within one business dayBusiness Day of notice of the specific Principal or Principals) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other party, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 13 contracts
Samples: Securities Lending Agency Agreement (Barclays Global Investors Funds), Securities Lending Agency Agreement (Wells Fargo Variable Trust), Securities Lending Agency Agreement (Wells Fargo Funds Trust)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close Close of business Business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close Close of business Business on such next business day Business Day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans Collateral or portion of the Purchase PriceLoaned Securities, as the case may be, previously transferred to the other party and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party any portion of the Purchase Price Loaned Securities or Purchased LoansCollateral, as the case may be, previously transferred to Agent in connection with such TransactionLoan; provided, however, that (A) the other party shall promptly (and in any event within one business dayBusiness Day of notice of the specific Principal or Principals) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other party, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 11 contracts
Samples: Securities Loan Agreement, www.sec.gov, Securities Loan Agreement
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 5 contracts
Samples: Repurchase Agreement (Five Oaks Investment Corp.), Master Repurchase Agreement (Taberna Realty Finance Trust), Repurchase Agreement (Aether Systems Inc)
Identification of Principals. Agent agrees (a) to provide the other party, Borrower prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, Agreement with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) Borrower), and (b) to provide the other partyBorrower, before the close of business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party Borrower shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party Borrower may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, Loaned Securities previously transferred to the other party Borrower and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party Borrower any portion of the Purchase Price or Purchased Loans, as the case may be, Collateral previously transferred to Agent in connection with such TransactionLoan; provided, however, that (A) the other party Borrower shall promptly (and in any event within one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other partyBorrower, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party Borrower acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party Borrower in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party Borrower may reasonably request.
Appears in 5 contracts
Samples: Securities Lending Management Agreement (American Aadvantage Funds), Master Securities Loan Agreement (Pain Therapeutics Inc), Management Agreement (American Aadvantage Funds)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (iI) Agent fails to identify such Principal Principals or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to itit , the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously previous transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; : Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals principals as the other party may any reasonably request.
Appears in 3 contracts
Samples: Repurchase Agreement (Aether Systems Inc), Repurchase Agreement (Aether Systems Inc), Repurchase Agreement (Aether Systems Inc)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with With a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 3 contracts
Samples: Repurchase Agreement (Aether Systems Inc), Repurchase Agreement (Aether Systems Inc), Repurchase Agreement (Aether Systems Inc)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Spirit Finance Corp), Master Repurchase Agreement (Spirit Finance Corp), Master Repurchase Agreement (Spirit Finance Corp)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day Business Day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Priceany payment for such Securities, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of payment for the Purchase Price Securities or Purchased Loansthe Securities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance performance, including any changes in the mid-market value of the Transaction, if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 3 contracts
Samples: Securities Agreement, Securities Forward Transaction Agreement, Crescent Banking Co
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 3 contracts
Samples: NexPoint Credit Strategies Fund, Master Repurchase Agreement (Taberna Realty Finance Trust), Master Repurchase Agreement (Taberna Realty Finance Trust)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close Close of business Business on the next business day after orally agreeing Business Day afteragreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close Close of business Business on such next business day Business Day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans Collateral or portion of the Purchase PriceLoaned Securities, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, Loan,and Agent shall immediately return to the other party any portion of the Purchase Price Loaned Securities or Purchased LoansCollateral, as the case may be, previously transferred to Agent in connection with such Transaction; providedLoan;provided, however, that (A) the other party shall promptly (and in any event within one business dayBusiness Day of notice of the specific Principal or Principals) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other party, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 3 contracts
Samples: Securities Lending Agent Agreement, www.sofi.hk, www.sofi.hk
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any the Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a the Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transactiontransaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any the Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such the Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such the Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such the Transaction and (B) to the extent that any performance was rendered by any party under any the Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such the Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 2 contracts
Samples: Master Repurchase Agreement (New Century Financial Corp), Master Repurchase Agreement (New Century Financial Corp)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred trans- ferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party pa rty any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party pa rty shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance perfor- xxxxx if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial xxxxx- cial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining obtain- ing from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 2 contracts
Samples: Master Repurchase Agreement, www.sifma.org
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 2 contracts
Samples: Master Repurchase Agreement (UWM Holdings Corp), Master Repurchase Agreement (Centex Land Vista Ridge Lewisville III General Partner, LLC)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transactiontransaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 2 contracts
Samples: Master Repurchase Agreement (New Century Financial Corp), Repurchase Agreement (Novastar Financial Inc)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Mortgage Loan or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased Mortgage Loans, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 2 contracts
Samples: Master Repurchase Agreement (New Century Financial Corp), Master Repurchase Agreement (Homebanc Corp)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Amresco Capital Trust), LNR Property Corp
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable accept able to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 2 contracts
Samples: Provident Mortgage Capital Associates, Inc., GSC Capital Corp
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day(1) Business Day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 2 contracts
Samples: Custodial Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transactiontransaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 2 contracts
Samples: Master Repurchase Agreement (New Century Financial Corp), Master Repurchase Agreement (New Century Financial Corp)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred trans- ferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance perfor- xxxxx if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial xxxxx- cial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining obtain- ing from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 2 contracts
Samples: www.ird.gov.hk, Master Repurchase Agreement
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased Loans, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information regarding the financial status of such Principals as the other party may reasonably request.. Annex I-1
Appears in 1 contract
Samples: Master Repurchase Agreement
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i1) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from front Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (Arbor Realty Trust Inc)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if If such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transactiontransaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (New Century Financial Corp)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close Close of business Business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. Loan.. If (i) Agent fails to identify such Principal or Principals prior to the close Close of business Business on such next business day Business Day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans Collateral or portion of the Purchase PriceLoaned Securities, as the case may be, previously transferred to the other party and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party any portion of the Purchase Price Loaned Securities or Purchased LoansCollateral, as the case may be, previously transferred to Agent in connection with such TransactionLoan; provided, however, that (A) the other party shall promptly (and in any event within one business dayBusiness Day of notice of the specific Principal or Principals) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other party, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. .. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Securities Lending Agency Agreement (iSHARES TRUST)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased Loans, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day(1) Business Day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (Walter Investment Management Corp)
Identification of Principals. Agent agrees (a) to provide the other party, Borrower prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, Agreement with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) Borrower), and (b) to provide the other partyBorrower, before the close of business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party Borrower shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party Borrower may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, Loaned Securities previously transferred to the other party Borrower and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party Borrower any portion of the Purchase Price or Purchased Loans, as the case may be, Collateral previously transferred to Agent in connection with such TransactionLoan; providedPROVIDED, howeverHOWEVER, that (A) the other party Borrower shall promptly (and in any event within one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other partyBorrower, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party Borrower acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party Borrower in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party Borrower may reasonably request.
Appears in 1 contract
Samples: Securities Lending Agreement (One Group Investment Trust)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Mortgage Loan or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased Mortgage Loans, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)
Identification of Principals. Agent agrees (a) to provide the other party, Borrower prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, Agreement with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) Borrower), and (b) to provide the other partyBorrower, before the close of business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party Borrower shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party Borrower may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, Loaned Securities previously transferred to the other party Borrower and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party Borrower any portion of the Purchase Price or Purchased Loans, as the case may be, Collateral previously transferred to Agent in connection with such TransactionLoan; provided, however, that (A) the other party Borrower shall promptly (and in any event within one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other party, and Borrower such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party Borrower acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party Borrower in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party Borrower may reasonably request.
Appears in 1 contract
Samples: Securities Loan Agreement (Western & Southern Life Insurance Co)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day Business Day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Priceany payment for such Securities, as the case may be, previously transferred to the other party and refuse any further fur- ther performance under such Transaction, and Agent shall immediately return to the other party any portion of payment for the Purchase Price Securities or Purchased Loansthe Securities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance performance, including any changes in the mid-market value of the Transaction, if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential confi- dential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Forward Transaction Agreement
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it September 1996 o Master Repurchase Agreement o 23 will assist the other party in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Identification of Principals. Administrative Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Administrative Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Administrative Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Administrative Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Administrative Agent any Purchased Loans Mortgage Loan or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Administrative Agent shall immediately return to the other party any portion of the Purchase Price or Purchased Mortgage Loans, as the case may be, previously transferred to Administrative Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Administrative Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Administrative Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Administrative Agent agrees, however, that it will assist the other party in obtaining from Administrative Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (Fieldstone Investment Corp)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, party and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (MortgageIT Holdings, Inc.)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding regard- ing the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: datasets.opentestset.com
Identification of Principals. Agent agrees (a) to provide the other partySeller, prior to the date on which the parties agree to enter into any Transaction under the this Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) Seller), and (b) to provide the other partySeller, before the close of business on the next business day Business Day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party Seller shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party Seller may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, Price previously transferred to the other party Seller and refuse any further performance under such Transaction, and Agent shall immediately return to the other party Seller any portion of the Purchase Price or Purchased Loans, as the case may be, Repo Assets previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party Seller shall promptly (and in any event within one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party Agent under any Transaction rejected by the other partySeller, and such party Agent shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party Seller acknowledges that Agent shall not 38 have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party Seller in obtaining from Agent’s such Principals such Information information regarding the financial status of such Principals as the other party Seller may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (Aames Financial Corp/De)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day Business Day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request. 3.
Appears in 1 contract
Samples: Master Repurchase Agreement (Metropolitan Mortgage & Securities Co Inc)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (iIf(i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Cash Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Cash Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (Oak Street Financial Services Inc)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred trans ferred to the other party and refuse any further performance under such s uch Transaction, and Agent shall immediately return to the other party any portion po rtion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly p romptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered xxxxx red by any party under unde r any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been bee n payable to it with respect to such performance perfor xxxxx if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial xxxxx cial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining obtain ing from Agent’s Principals such Information information regarding the financial status of o f such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: www.ird.gov.hk
Identification of Principals. Agent agrees (a) to provide the other party, Borrower prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, Agreement with a written list of Principals for which it intends to act as Agent (which list may be amended in In writing from time to time with the consent of the other party) Borrower), and (b) to provide the other partyBorrower, before the close of business on the next business day Business Day after orally agreeing to enter into Into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party Borrower shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party Borrower may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, Loaned Securities previously transferred to the other party Borrower and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party Borrower any portion of the Purchase Price or Purchased Loans, as the case may be, Collateral previously transferred to Agent in connection with such TransactionLoan; provided, however, that (A) the other party Borrower shall promptly (and in any event within one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other partyBorrower, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party Borrower acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party Borrower in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party Borrower may reasonably request.
Appears in 1 contract
Samples: Cooper Industries Inc
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day Business Day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Repurchase Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansRepurchase Assets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction Option under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close time established by the parties in Annex I to the Agreement or otherwise orally or in writing or, in the absence of business any such agreement, as shall be determined in accordance with market practice (the “Close of Business”) on the next business day Business Day after orally agreeing to enter into a Transactionan Option, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionOption. If (i) Agent fails to identify such Principal or Principals prior to the close Close of business Business on such next business day Business Day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction Option with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, premium previously transferred to the other party and refuse any further performance under such TransactionOption, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased Loans, as the case may be, premium previously transferred to Agent in connection with such TransactionOption; provided, however, that (A) the other party shall promptly (and in any event within one business dayBusiness Day of notice of the specific Principal or Principals) notify Agent of its determination to reject and rescind such Transaction Option and (B) to the extent that any performance was rendered by any party under any Transaction Option rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance performance, including any changes in the mid-market value of the Option, if such Transaction Option had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: www.sifma.org
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased Loans, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (American Home Mortgage Investment Corp)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Assets or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansAssets, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (American Business Financial Services Inc /De/)
Identification of Principals. Agent agrees (a) to provide the other party, Borrower prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, Agreement with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) Borrower), and (b) to provide the other partyBorrower, before the close of business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party Borrower shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party Borrower may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, previously Loaned Securities previ ously transferred to the other party Borrower and refuse any further performance under such Transactions uch Loan, and Agent shall immediately return to the other party Borrower any portion of the Purchase Price or Purchased Loans, as the case may be, Collateral previously transferred to Agent in connection connec tion with such TransactionLoan; provided, however, that (A) the other party Borrower shall promptly (and in any event within with in one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by b y any party under any Transaction Loan rejected by the other partyBorrower, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party Borrower acknowledges that Agent shall not have any obligation to provide it with confidential information informa tion regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party Borrower in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party Borrower may reasonably request.
Appears in 1 contract
Samples: www.ird.gov.hk
Identification of Principals. Agent agrees (a) to provide the other party, Borrower prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, Agreement with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) Xxxxxxxx), and (b) to provide the other partyBorrower, before the close of business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party Borrower shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party Borrower may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, previously Loaned Securities previ- ously transferred to the other party Borrower and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party Borrower any portion of the Purchase Price or Purchased Loans, as the case may be, Collateral previously transferred to Agent in connection connec- tion with such TransactionLoan; provided, however, that (A) the other party Borrower shall promptly (and in any event within with- in one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other partyBorrower, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party Borrower acknowledges that Agent shall not have any obligation to provide it with confidential information informa- tion regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party Borrower in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party Borrower may reasonably request.
Appears in 1 contract
Samples: www.sifma.org
Identification of Principals. Agent agrees (a) to provide the other party, Borrower prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, Agreement with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) Borrower), and (b) to provide the other partyBorrower, before the close of business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party Borrower shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party Borrower may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, Loaned Securities previously transferred to the other party Borrower and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party Borrower any portion of the Purchase Price or Purchased Loans, as the case may be, Collateral previously transferred to Agent in connection with such TransactionLoan; provided, however, that (A) the other party Borrower shall promptly (and in any event within one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other partyBorrower, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party Borrower acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its with confidential Principals; Agent agrees, however, that it will assist the other party Borrower in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party Borrower may reasonably request.
Appears in 1 contract
Samples: Securities Lending Agency Agreement (Merrill Lynch Global Technology Fund Inc)
Identification of Principals. Agent agrees (a) to provide the other party, Borrower prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, Agreement with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) Borrower), and (b) to provide the other partyBorrower, before the close of business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails refuses to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party Borrower shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party Borrower may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, Loaned Securities previously transferred to the other party Borrower and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party Borrower any portion of the Purchase Price or Purchased Loans, as the case may be, Collateral previously transferred to Agent in connection with such TransactionLoan; provided, however, that (A) the other party Borrower shall promptly (and in any event within one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other partyBorrower, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party Borrower acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party Borrower in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party Borrower may reasonably request.
Appears in 1 contract
Samples: Herbalife International Inc
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the tile close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. rejected The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close Close of business Business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close Close of business Business on such next business day Business Day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans Collateral or portion of the Purchase PriceLoaned Securities, as the case may be, previously transferred to the other party and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party any portion of the Purchase Price Loaned Securities or Purchased LoansCollateral, as the case may be, previously transferred to Agent in connection with such TransactionLoan; provided, however, that (A) the other party shall promptly (and in any event within one business dayBusiness Day of notice of the specific Principal or Principals) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other party, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from AgentAgent ’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Samples: Securities Loan Agreement
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) ), and (b) to provide the other party, before the close Close of business Business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close Close of business Business on such next business day Business Day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans Collateral or portion of the Purchase PriceLoaned Securities, as the case may be, previously transferred to the other party and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party any portion of the Purchase Price Loaned Securities or Purchased LoansCollateral, as the case may be, previously transferred to Agent in connection with such TransactionLoan; provided, however, that (A) the other party shall promptly (and in any event within one business dayBusiness Day of notice of the specific Principal or Principals) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other party, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s 's Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.. 2000 Master Securities Loan Agreement - AII-1
Appears in 1 contract
Samples: Master Securities Loan Agreement (Nortel Networks Corp)
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Identification of Principals. Agent agrees (a) to provide the other party, prior to the date on which the parties agree to enter into any Transaction under the Agreement, with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) and party),and (b) to provide the other party, before the close of business on the next business day after orally agreeing to enter into a Transaction, with notice of the specific Principal or Principals for whom it is acting in connection with such Transaction. If (iIf(i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day or (ii) the other party shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party may reject and rescind any Transaction with such Principal or Principals, return to Agent any Purchased Loans Securities or portion of the Purchase Price, as the case may be, previously transferred to the other party and refuse any further performance under such Transaction, and Agent shall immediately return to the other party any portion of the Purchase Price or Purchased LoansSecurities, as the case may be, previously transferred to Agent in connection with such Transaction; provided, however, that (A) the other party shall promptly (and in any event within one business day) notify Agent of its determination to reject and rescind such Transaction and (B) to the extent that any performance was rendered by any party under any Transaction rejected by the other party, and such party shall remain entitled to any Price Differential or other amounts that would have been payable to it with respect to such performance if such Transaction had not been rejected. The other party acknowledges that Agent shall not have any obligation to provide it with confidential information regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party may reasonably request.
Appears in 1 contract
Identification of Principals. Agent agrees (a) to provide the other party, Borrower prior to the date on which the parties agree to enter into any Transaction Loan under the Agreement, Agreement with a written list of Principals for which it intends to act as Agent (which list may be amended in writing from time to time with the consent of the other party) Borrower), and (b) to provide the other partyBorrower, before the close of business on the next business day Business Day after orally agreeing to enter into a TransactionLoan, with notice of the specific Principal or Principals for whom it is acting in connection with such TransactionLoan. If (i) Agent fails to identify such Principal or Principals prior to the close of business on such next business day Business Day or (ii) the other party Borrower shall determine in its sole discretion that any Principal or Principals identified by Agent are not acceptable to it, the other party Borrower may reject and rescind any Transaction Loan with such Principal or Principals, return to Agent any Purchased Loans or portion of the Purchase Price, as the case may be, previously Loaned Securities previ- ously transferred to the other party Borrower and refuse any further performance under such TransactionLoan, and Agent shall immediately return to the other party Borrower any portion of the Purchase Price or Purchased Loans, as the case may be, Collateral previously transferred to Agent in connection connec- tion with such TransactionLoan; provided, however, that (A) the other party Borrower shall promptly (and in any event within with- in one business dayBusiness Day) notify Agent of its determination to reject and rescind such Transaction Loan and (B) to the extent that any performance was rendered by any party under any Transaction Loan rejected by the other partyBorrower, and such party shall remain entitled to any Price Differential fees or other amounts that would have been payable to it with respect to such performance if such Transaction Loan had not been rejected. The other party Borrower acknowledges that Agent shall not have any obligation to provide it with confidential information informa- tion regarding the financial status of its Principals; Agent agrees, however, that it will assist the other party Borrower in obtaining from Agent’s Principals such Information information regarding the financial status of such Principals as the other party Borrower may reasonably request.
Appears in 1 contract
Samples: www.sifma.org