Loans and Related Security Files. Upon such completion of the repurchase of such Selected Portfolio Assets in accordance with Section 8.4 above or the sale of Selected Portfolio Assets to a purchaser or purchasers, or if there is a breach of the Pre-Maturity Test under the Guarantor Agreement, the Seller shall cease to be under any further obligation to hold the relevant Loan Files, where applicable, or other documents relating to such Selected Portfolio Assets to the order of the Purchaser and if the Purchaser holds such documents it will send them to the Seller. Any repurchase by the Seller of or in respect of such Selected Portfolio Assets or any sale of Selected Portfolio Assets by the Purchaser to a purchaser or purchasers pursuant to Article 7 of the Guarantor Agreement shall constitute a discharge and release of the Seller from any claims which the Purchaser or the Bond Trustee may have against the Seller arising from the relevant Representations or Warranties in relation to such Selected Portfolio Assets previously sold by that Seller to the Purchaser only but shall not affect any rights arising from a breach of any other express provision of this Agreement or any Representation or Warranty in relation to any other Portfolio Assets.
Appears in 4 contracts
Samples: Mortgage Sale Agreement, Mortgage Sale Agreement, Mortgage Sale Agreement
Loans and Related Security Files. Upon such completion of the repurchase of such Selected Portfolio Assets Loans and their Related Security in accordance with Section 8.4 above or the sale of Selected Portfolio Assets Loans and their Related Security to a purchaser or purchasers, purchasers or if there is a breach of the Pre-Maturity Test under the Guarantor Limited Partnership Agreement, the Seller Servicer shall cease to be under any further obligation to hold the relevant Loan Files, where applicable, Files or other documents relating to such Selected Portfolio Assets Loans and their Related Security to the order of the Purchaser and if the Purchaser holds such documents it the Purchaser will send them such documents to the Seller. Any repurchase by the Seller of or in respect of such Selected Portfolio Assets Loans and their Related Security or any sale of Selected Portfolio Assets Loans and their Related Security by the Purchaser to a purchaser or purchasers pursuant to Article Section 7 of the Guarantor Limited Partnership Agreement shall constitute a discharge and release of the Seller from any claims which the Purchaser or the Bond Trustee may have against the Seller arising from the relevant Representations or Warranties in relation to such Selected Portfolio Assets Loans and their Related Security previously sold by that Seller to the Purchaser only but shall not affect any rights arising from a breach of any other express provision of this Agreement or any Representation or Warranty in relation to any other Portfolio AssetsLoan and other Related Security.
Appears in 2 contracts
Samples: Subservicing Agreement, Hypothecary Loan Sale Agreement
Loans and Related Security Files. Upon such completion of the repurchase of such Selected Portfolio Assets in accordance with Section 8.4 above or the sale of Selected Portfolio Assets to a purchaser or purchasers, purchasers or if there is a breach of the Pre-Maturity Test under the Guarantor Agreement, the Seller shall cease to be under any further obligation to hold the relevant Loan Files, where applicable, or other documents relating to such Selected Portfolio Assets to the order of the Purchaser and if the Purchaser holds such documents it will send them to the Seller. Any repurchase by the Seller of or in respect of such Selected Portfolio Assets or any sale of Selected Portfolio Assets by the Purchaser to a purchaser or purchasers pursuant to Article 7 of the Guarantor Agreement shall constitute a discharge and release of the Seller from any claims which the Purchaser or the Bond Trustee may have against the Seller arising from the relevant Representations or Warranties in relation to such Selected Portfolio Assets previously sold by that Seller to the Purchaser only but shall not affect any rights arising from a breach of any other express provision of this Agreement or any Representation or Warranty in relation to any other Portfolio Assets.
Appears in 1 contract
Samples: Mortgage Sale Agreement