Common use of Loans in Bankruptcy Clause in Contracts

Loans in Bankruptcy. In accordance with Bankruptcy Rule 3001(e), Xxxxx agrees to take all actions necessary to file within 30 Business Days of the Closing Date, (1) proofs of claims in pending bankruptcy cases involving any Loans purchased for which Seller has not already filed a proof of claim, and (2) all documents required by Rule 3001(e)(2) of the Federal Rules of Bankruptcy Procedure and to take all such similar actions as may be required in any relevant jurisdiction in any pending bankruptcy or insolvency case or proceeding in such jurisdiction involving any Loans purchased in order to evidence and assert Buyer’s rights. Xxxxx agrees to prepare and provide to Seller within 30 Business Days of the Closing Date, a Bankruptcy Assignment or any similar forms as may be required in any relevant jurisdiction and acceptable to Seller, for each Loan purchased pursuant to this LSA where an Obligor under such Loan is in bankruptcy at Closing. Buyer releases Seller from any claim, demand, suit, or cause of action Buyer may have as a result of any action or inaction on the part of the Failed Bank or Seller with respect to such Loan, and Xxxxx further agrees to reimburse Seller for any cost or expense incurred by Seller as a result of Buyer’s failure to file a Bankruptcy Assignment or similar forms as required in this LSA.

Appears in 1 contract

Samples: Loan Sale Agreement

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Loans in Bankruptcy. In accordance with Bankruptcy Rule 3001(e), Xxxxx agrees to take all actions necessary to file within 30 Business Days of the Loan Sale Closing Date, (1i) proofs of claims in pending bankruptcy cases involving any Loans purchased for which Seller has not already filed a proof of claim, and (2ii) all documents required by Rule 3001(e)(2) of the Federal Rules of Bankruptcy Procedure and to take all such similar actions as may be required in any relevant jurisdiction in any pending bankruptcy or insolvency case or proceeding in such jurisdiction involving any Loans purchased in order to evidence and assert Buyer’s rights. Xxxxx agrees to prepare and provide to Seller within 30 Business Days of the Loan Sale Closing Date, a Bankruptcy an Assignment of Claim or any similar forms as may be required in any relevant jurisdiction and acceptable to Seller, for each Loan purchased pursuant to this LSA Agreement where an Obligor a Borrower under such Loan is in bankruptcy at Closing. Buyer releases Seller from any claim, demand, suit, suit or cause of action Buyer may have as a result of any action or inaction on the part of the Failed Bank or Seller with respect to such Loan, Loan and Xxxxx further agrees to reimburse Seller for any cost or expense incurred by Seller as a result of Buyer’s failure to file a Bankruptcy an Assignment of Claim or similar forms as required in this LSAAgreement.

Appears in 1 contract

Samples: Loan Sale Agreement

Loans in Bankruptcy. In accordance with Bankruptcy Rule 3001(e), Xxxxx Buyer agrees to take all actions necessary to file within 30 Business Days of the Loan Sale Closing Date, (1i) proofs of claims in pending bankruptcy cases involving any Loans purchased for which Seller has not already filed a proof of claim, and (2ii) all documents required by Rule 3001(e)(2) of the Federal Rules of Bankruptcy Procedure and to take all such similar actions as may be required in any relevant jurisdiction in any pending bankruptcy or insolvency case or proceeding in such jurisdiction involving any Loans purchased in order to evidence and assert Buyer’s rights. Xxxxx Buyer agrees to prepare and provide to Seller within 30 Business Days of the Loan Sale Closing Date, a Bankruptcy an Assignment of Claim or any similar forms as may be required in any relevant jurisdiction and acceptable to Seller, for each Loan purchased pursuant to this LSA Agreement where an Obligor a Borrower under such Loan is in bankruptcy at Closing. Buyer releases Seller from any claim, demand, suit, suit or cause of action Buyer may have as a result of any action or inaction on the part of the Failed Bank or Seller with respect to such Loan, Loan and Xxxxx Buyer further agrees to reimburse Seller for any cost or expense incurred by Seller as a result of Buyer’s failure to file a Bankruptcy an Assignment of Claim or similar forms as required in this LSAAgreement.

Appears in 1 contract

Samples: Loan Sale Agreement

Loans in Bankruptcy. In accordance with Bankruptcy Rule 3001(e), Xxxxx Buyer agrees to take all actions necessary to file within 30 thirty (30) Business Days of the Loan Sale Closing Date, (1i) proofs of claims in pending bankruptcy cases involving any Loans purchased for which Seller has not already filed a proof of claim, and (2ii) all documents required by Rule 3001(e)(2) of the Federal Rules of Bankruptcy Procedure and to take all such similar actions as may be required in any relevant jurisdiction in any pending bankruptcy or insolvency case or proceeding in such jurisdiction involving any Loans purchased in order to evidence and assert Buyer’s 's rights. Xxxxx agrees to Buyer shall prepare and provide to Seller within 30 thirty (30) Business Days of the Loan Sale Closing Date, a Bankruptcy an Affidavit and Assignment of Claim or any similar forms as may be required in any relevant jurisdiction Foreign Jurisdiction and shall be acceptable to Seller, for each Loan purchased pursuant to this LSA Agreement where an Obligor a Borrower under such Loan is in bankruptcy at Closing. Buyer releases Seller from any claim, demand, suit, suit or cause of action Buyer may have as a result of any action or inaction on the part of the Failed Bank or the Seller with respect to such Loan, Loan and Xxxxx Buyer further agrees to reimburse Seller for any cost or expense incurred by Seller as a result of Buyer’s 's failure to file a Bankruptcy an Affidavit and Assignment of Claim or similar forms as required in this LSAherein.

Appears in 1 contract

Samples: Loan Sale Agreement (Resource America Inc)

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Loans in Bankruptcy. In accordance with Bankruptcy Rule 3001(e), Xxxxx Buyer agrees to take all actions necessary to file within 30 thirty (30) Business Days of the Loan Sale Closing Date, (1i) proofs of claims in pending bankruptcy cases involving any Loans purchased pmchased for which Seller has not already filed a proof of claim, and (2ii) all documents required by Rule 3001(e)(23001 (e )(2) of the Federal Rules of Bankruptcy Procedure Procedme and to take all such similar actions as may be required in any relevant jurisdiction in any pending bankruptcy or insolvency case or proceeding in such jurisdiction involving any Loans purchased pmchased in order to evidence and assert Buyer’s 's rights. Xxxxx agrees to Buyer shall prepare and provide to Seller within 30 thirty (30) Business Days of the Loan Sale Closing Date, a Bankruptcy an Affidavit and Assignment of Claim or any similar forms as may be required in any relevant jurisdiction Foreign Jurisdiction and shall be acceptable to Seller, for each Loan purchased pursuant pmsuant to this LSA Agreement where an Obligor a Borrower under such Loan is in bankruptcy at Closing. Buyer releases Seller from any claim, demand, suit, suit or cause of action Buyer may have as a result of Seller's failme to file any action such proofs of claims or inaction on the part of the Failed Bank or Seller with respect to such Loan, other documents and Xxxxx Buyer further agrees to reimburse reimbmse Seller for any cost or expense incurred by Seller as a result of Buyer’s failure 's failme to file a Bankruptcy an Affidavit and Assignment of Claim or similar forms as required in this LSAherein.

Appears in 1 contract

Samples: Loan Sale Agreement (Usb Holding Co Inc)

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