Common use of INITIATION; CONFIRMATION; TERMINATION; FEES Clause in Contracts

INITIATION; CONFIRMATION; TERMINATION; FEES. (a) Seller may, from time to time, prior to October 25, 2014 (the “Outside Date”), request that Buyer enter into a Transaction with respect to one or more New Loans. Seller shall initiate each request by submitting a Preliminary Due Diligence Package for Buyer’s review and approval in Buyer’s sole discretion. Notwithstanding anything to the contrary herein, Buyer shall have no obligation to consider for purchase any New Loan if, immediately after the purchase of such New Loan, the Aggregate Repurchase Price (including the proposed Purchase Price of such New Loan) would exceed the Facility Amount. Buyer and its representatives shall have the right to review all New Loans proposed to be sold to Buyer in any Transaction and to conduct its own due diligence investigation of such New Loans as Buyer determines is necessary in Buyer’s sole discretion. Notwithstanding any provision to the contrary herein or any other Transaction Document, Buyer shall be entitled to make a determination, in its sole discretion, whether a New Loan qualifies as an Eligible Loan or whether to reject any New Loan proposed to be sold to Buyer by Seller.

INITIATION; CONFIRMATION; TERMINATION; FEES. (a) Seller maymay prior to the Facility Termination Date, from time to time, prior to October 25, 2014 (the “Outside Date”), time request that Buyer enter into a Transaction with respect to one or more New Loans. Seller shall initiate each request Assets by submitting a Preliminary Due Diligence Package for Buyer’s review and approval, which approval shall be in Buyer’s sole discretion. Notwithstanding anything to the contrary herein, Buyer shall have no obligation to consider for purchase any New Loan Asset if, immediately after the purchase of such New LoanAsset, the Aggregate Repurchase Price (including the proposed Purchase Price of such New Loan) would exceed the Facility Amount. Buyer and its representatives shall have the right to review all New Loans Assets proposed to be sold to Buyer in any Transaction and to conduct its own due diligence investigation of such New Loans Assets as Buyer determines is necessary in Buyer’s sole discretion. Notwithstanding any provision to the contrary herein or in any other Transaction Document, Buyer shall be entitled to make a determinationdetermine, in its sole discretion, whether a New Loan Asset qualifies as an Eligible Loan Asset or whether to reject any New Loan Asset proposed to be sold to Buyer by Seller.

INITIATION; CONFIRMATION; TERMINATION; FEES. (a) From and after the Closing Date to the date that is one (1) year after the Closing Date, Seller may, from time to time, prior to October 25, 2014 (the “Outside Date”), time request that Buyer enter into a Transaction with respect to one or more New Loans. Seller shall initiate each request Assets by submitting a Preliminary Due Diligence Package for Buyer’s review and approval, which approval shall be in Buyer’s sole discretion. Notwithstanding anything to the contrary herein, Buyer shall have no obligation to consider for purchase any New Loan Asset if, immediately after the purchase of such New LoanAsset, the Aggregate Repurchase Price (including the proposed Purchase Price of such New Loan) would exceed the Facility Amount. Buyer and its representatives shall have the right to review all New Loans Assets proposed to be sold to Buyer in any Transaction and to conduct its own due diligence investigation of such New Loans Assets as Buyer determines is necessary in Buyer’s sole discretion. Notwithstanding any provision to the contrary herein or in any other Transaction Document, Buyer shall be entitled to make a determinationdetermine, in its sole discretion, whether a New Loan Asset qualifies as an Eligible Loan Asset or whether to reject any New Loan Asset proposed to be sold to Buyer by Seller.