Common use of Initial Transfer Clause in Contracts

Initial Transfer. Concurrently with the execution and delivery of this Agreement, the Depositor hereby transfers to the Trust without recourse (subject to Sections 2.02 and 2.04) all of its right, title, and interest in (i) each Mortgage Loan, including its Asset Balance (including all Additional Balances) and all collections received on it after the Cut-off Date (excluding payments due by the Cut-off Date); (ii) property that secured a Mortgage Loan that is acquired by foreclosure or deed in lieu of foreclosure; (iii) the Depositor's rights under the Purchase Agreement; (iv) the Depositor's rights under the hazard insurance policies; (v) all other assets included or to be included in the Trust for the benefit of the Noteholders and the Credit Enhancer; and (vi) all proceeds of the foregoing. This transfer to the Trust is to the Owner Trustee, on behalf of the Trust, and each reference in this Agreement to this transfer shall be construed accordingly. In addition, by the Closing Date, the Depositor shall cause the Credit Enhancer to deliver the Policy to the Indenture Trustee for the benefit of the Noteholders.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Cwabs Inc), Sale and Servicing Agreement (Cwabs Inc Revolving Home Eq Loan Asset BKD Notes Ser 2001-B)

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Initial Transfer. Concurrently with the execution and delivery of this Agreement, the Depositor hereby transfers to the Trust without recourse (subject to Sections 2.02 and 2.04) all of its right, title, and interest in (i) each Mortgage Loan, including its Asset Balance (including all Additional Balances) and all collections received on it after the Cut-off Date (excluding payments due by the Cut-off Date); ; (ii) property that secured a Mortgage Loan that is acquired by foreclosure or deed in lieu of foreclosure; ; (iii) the Depositor's rights under the Purchase Agreement; ; (iv) the Depositor's rights under the hazard insurance policies; ; (v) all other assets included or to be included in the Trust for the benefit of the Noteholders and the Credit Enhancer; and and (vi) all proceeds of the foregoing. This transfer to the Trust is to the Owner Trustee, on behalf of the Trust, and each reference in this Agreement to this transfer shall be construed accordingly. In addition, by the Closing Date, the Depositor shall cause the Credit Enhancer to deliver the Policy to the Indenture Trustee for the benefit of the Noteholders.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Cwabs Inc)

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Initial Transfer. Concurrently with the execution and delivery of this Agreement, the Depositor hereby transfers to the Trust without recourse (subject to Sections 2.02 and 2.04) all of its right, title, and interest in (i) each Mortgage Loan, including its Asset Balance (including all Additional Balances) and all collections received on it after the Cut-off Date (excluding payments due by the Cut-off Date); (ii) property that secured a Mortgage Loan that is acquired by foreclosure or deed in lieu of foreclosure; (iii) the Depositor's rights under the Purchase Agreement; (iv) the Depositor's rights under the hazard insurance policies; (v) all other assets included or to be included in the Trust for the benefit of the Noteholders [and the Credit Enhancer]; and (vi) all proceeds of the foregoing. This transfer to the Trust is to the Owner Trustee, on behalf of the Trust, and each reference in this Agreement to this transfer shall be construed accordingly. [In addition, by the Closing Date, the Depositor shall cause the Credit Enhancer to deliver the Policy to the Indenture Trustee for the benefit of the Noteholders.]

Appears in 1 contract

Samples: Sale and Servicing Agreement (Indymac Abs Inc)

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