Items to be Sold. Subject to, and upon the terms and conditions of this Agreement, Seller shall, as hereinafter provided, sell, transfer, assign and deliver to Purchaser all right, title and interest in and to the Servicing including the Related Escrow Accounts.
Items to be Sold. Subject to, and upon the terms and conditions of this Agreement, Seller shall, as hereinafter provided, sell, transfer, and deliver to Purchaser all of Seller’s right, title and interest in and to the Mortgage Servicing Rights, including its right, title and interest in the PLS Accrued Servicing Fees, Custodial Funds, Collateral Files and Credit and Servicing Files (collectively, the “Purchased Assets”), and Purchaser agrees to purchase such right, title and interest in and to the Purchased Assets. Seller and Purchaser acknowledge and agree that the Mortgage Loan Schedule will be preliminary on the Sale Date or Subsequent Sale Date, as applicable, and will not fully account for Mortgage Loans that either may have been fully pre-paid prior to the Sale Date or Subsequent Sale Date, as applicable, or excluded from the transaction as of the Sale Date or Subsequent Sale Date, as applicable, as a result of the final application of the purchase criteria. No later than ten (10) Business Days after the Sale Date or Subsequent Sale Date, as applicable, Seller shall complete and provide to Purchaser a final Mortgage Loan Schedule with respect to the Mortgage Servicing Rights sold on the Sale Date or Subsequent Sale Date, as applicable.
Items to be Sold. The Contractor shall sell those products, commodities, and articles normally found in operations of this type, subject to the approval of the CVB, which approval may be granted or denied, in CVB’s sole discretion. The CVB may require the Contractor to sell items which, in the CVB’s sole discretion, are necessary for the Operation of the foodservice facilities and may limit, prohibit, or require discontinuance of the sale of any products, commodities, or articles.
Items to be Sold. Subject to, and upon the terms and conditions of this Agreement, Seller shall, as hereinafter provided, sell, transfer, and deliver to Purchaser all of Seller’s right, title and interest in and to the Mortgage Servicing Rights, including its right, title and interest in the Custodial Funds, Collateral Files and Credit and Servicing Files (collectively, the “Purchased Assets”), and Purchaser agrees to purchase such right, title and interest in and to the Purchased Assets. Seller and Purchaser acknowledge and agree that the Mortgage Loan Schedule will be preliminary on the Sale Date, and will not fully account for Mortgage Loans that either may have been fully pre-paid prior to the Sale Date, or excluded from the transaction as of the Sale Date, as a result of the final application of the purchase criteria. No later than ten (10) Business Days after the Sale Date, Seller shall complete and provide to Purchaser a final Mortgage Loan Schedule with respect to the Mortgage Servicing Rights sold on the Sale Date.
Items to be Sold. Subject to, and upon the terms and conditions of this Agreement, Seller shall, as hereinafter provided, sell, transfer, and deliver to Purchaser all of Seller’s right, title and interest in and to the Mortgage Servicing Rights, and Purchaser agrees to purchase the Mortgage Servicing Rights. Seller and Purchaser acknowledge and agree that the Mortgage Loan Schedule used for the purpose of calculating the Estimated Purchase Price is preliminary on the Sale Date and does not fully account for Mortgage Loans that either may have been fully pre-paid prior to the Sale Date or excluded from the transaction as of the Sale Date as a result of the final application of the purchase criteria. No later than ten (10) Business Days after the Sale Date, Seller shall complete and provide to Purchaser a final Mortgage Loan Schedule.
Items to be Sold. Subject to, and upon the terms and conditions of this Agreement, Seller shall, as hereinafter provided, sell, transfer, and deliver to Purchaser all of Seller’s right, title and interest in and to the Mortgage Servicing Rights, the right to receive reimbursement of all outstanding Advances as of the Cutoff Date, Custodial Funds, Collateral Files and Credit and Servicing Files, each subject to the Guides and Servicing Agreement(s) (collectively, the “Purchased Assets”), and Purchaser agrees to purchase and such right, title and interest in and to the Purchased Assets.
Items to be Sold. Transferred and Assigned. Upon the terms and subject to the conditions of this Agreement, and subject to the Applicable Requirements, Seller should on and as of the Sale Date, sell, transfer and assign to Purchaser, and Purchaser shall purchase and assume from Seller, all beneficial right, title, interest of Seller in and to (i) the Servicing Rights, (ii) the Advances, (iii) the Custodial Funds and (iv) the Mortgage Files. On and as of the applicable Transfer Date, Purchaser shall have the exclusive right to receive all and to enter into arrangements that generate, Ancillary Fees with respect to the Mortgage Loans.
Items to be Sold. (a) Subject to, and upon the terms and conditions of this Agreement, from time to time during the term of this Agreement, as hereinafter provided, Seller shall sell, transfer, and assign to Purchaser, and Purchaser shall purchase and assume from Seller, all right, title, interest, and obligation of Seller in and to the applicable (i) Servicing Rights and all rights related thereto (but not the right to service the Additional Collateral), including, but not limited to, the right to receive the Servicing Fee and Ancillary Fee; (ii) Advances; (iii) Custodial Funds; (iv) Related Escrow Funds; (v) Mortgage Files; (vi) Investor Agreements; (vii) other documents and records relating to the Mortgage Loans and (viii) the obligation to repurchase from the applicable Investor any Mortgage Loan whose interest rate converts from an adjustable to a fixed rate, or from an adjustable rate based on one index to an adjustable rate based on a different index, and certain Mortgage Loans with balloon provisions containing a conditional right to refinance, pursuant to the terms of the related Mortgage Note. For the Quarterly Bulk Mortgage Loans and Subsequent Flow Mortgage Loans, Seller agrees that during the term of this Agreement, Seller (i) shall sell, transfer, and assign to Purchaser the Servicing Rights with respect to substantially all Mortgage Loans originated or acquired by Seller and (ii) shall not sell, transfer or assign such Servicing Rights to any third party other than Purchaser; but Seller, in its sole discretion, shall nevertheless be entitled to retain the Servicing Rights to certain Mortgage Loans it designates; provided, however, that with respect to clause (ii) of this sentence, the aggregate principal balance of such retained Mortgage Loans shall not exceed $[* * *] in any calendar quarter (excluding (A) Quarterly Bulk Mortgage Loans, (B) Mortgage Loans in Mortgage Loan Product Categories created by Seller after the date hereof and for which Seller and Purchaser are unable to reach agreement on an appropriate purchase price for the related Servicing Rights and (C) any other Mortgage Loan types that Purchaser is not operationally able to service).
(b) In connection with each sale and transfer of Servicing Rights contemplated herein, Purchaser will assume only those contractual duties, obligations, and liabilities of Seller that (i) accrue on or after each applicable Sale Date and (ii) directly arise in connection with Purchaser’s acquisition, ownership, and...
Items to be Sold. Subject to and upon the terms and conditions of this Sale Agreement, Seller shall, as hereinafter provided, sell, transfer, assign and deliver to Purchaser all right, title and interest in and to (a) the Servicing of the Mortgages, (b) any Related Accounts and (c) Seller's rights to all servicing compensation and Ancillary Income due the servicer of the Mortgages on and after the Transfer Date. Except as otherwise noted herein, Seller shall cease all servicing responsibilities related to the Mortgages, and the right of Seller to any portion of the servicing fees and Ancillary Income collected with respect to the Mortgages shall terminate, on the last Business Day preceding the Transfer Date.
Items to be Sold. Subject to, and upon the terms and conditions of this Agreement, Seller shall, as hereinafter provided, sell, transfer, and deliver to Purchaser all of Seller’s right, title and interest in and to the Mortgage Servicing Rights, including its right, title and interest in the Accrued Servicing Fees (other than Seller Retained Ancillary Income), Custodial Funds, Collateral Files and Credit and Servicing Files (collectively, the “Purchased Assets”), and Purchaser agrees to purchase such right, title and interest in and to the Purchased Assets and to assume all of Seller’s obligations under the related Servicing Agreements and other Purchased Assets, subject to the limitations set forth in Section 7.12(b) and subject to the indemnification provisions set forth in Article XI. Seller and Purchaser acknowledge and agree that the Mortgage Loan Schedule will be preliminary on the related Sale Date and will not fully account for Mortgage Loans or REOs that may have been fully pre-paid or liquidated prior to the corresponding Cutoff Date. No later than ten (10) Business Days after the related Sale Date, Seller shall complete and provide to Purchaser a final Mortgage Loan Schedule with respect to the Mortgage Servicing Rights sold on such Sale Date.
