Mandatory Delivery. The sale and delivery on the Closing Date of the Mortgage Loans described on the Mortgage Loan Schedule is mandatory, it being specifically understood and agreed that each Mortgage Loan is unique and identifiable on the date hereof and that an award of money damages would be insufficient to compensate the Purchaser for the losses and damages incurred by the Purchaser (including damages to prospective purchasers of the Mortgage Loans) in the event of the Seller's failure to deliver the Mortgage Loans on or before the Closing Date. All rights and remedies of the Purchaser under this Agreement are distinct from, and cumulative with, any other rights or remedies under this Agreement or afforded by law or equity and all such rights and remedies may be exercised concurrently, independently or successively.
Appears in 65 contracts
Samples: Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-6), Reconstituted Servicing Agreement (Structured Asset Securities Corp 2005-Wf4), Reconstituted Servicing Agreement (SASCO Mortgage Loan Trust Series 2005-Gel3)
Mandatory Delivery. The sale and delivery on the each Closing Date of the related Mortgage Loans described on the respective Mortgage Loan Schedule Schedules is mandatory, it being specifically understood and agreed that each Mortgage Loan is unique and identifiable on the date hereof such Closing Date and that an award of money damages would be insufficient to compensate the Purchaser for the losses and damages incurred by the Purchaser (including damages to prospective purchasers of the Mortgage Loans) in the event of the Seller's failure to deliver the Mortgage Loans on or before the such Closing Date. All rights and remedies of the Purchaser under this Agreement are distinct from, and cumulative with, any other rights or remedies under this Agreement or afforded by law or equity and all such rights and remedies may be exercised concurrently, independently or successively.
Appears in 16 contracts
Samples: Wells Fargo Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar2), Assignment, Assumption and Recognition Agreement (Bear Stearns ARM Trust 2007-2), Mortgage Loan Purchase Agreement (Banc of America Funding Corp)
Mandatory Delivery. The sale and delivery on the each Closing Date of the related Mortgage Loans described on the respective Mortgage Loan Schedule is mandatory, it being specifically understood and agreed that each Mortgage Loan is unique and identifiable on the date hereof and that an award of money damages would be insufficient to compensate the Purchaser for the losses and damages incurred by the Purchaser (including damages to prospective purchasers of the Mortgage Loans) in the event of the Seller's failure to deliver the Mortgage Loans on or before the such Closing Date. All rights and remedies of the Purchaser under this Agreement are distinct from, and cumulative with, any other rights or remedies under this Agreement or afforded by law or equity and all such rights and remedies may be exercised concurrently, independently or successively.
Appears in 8 contracts
Samples: Reconstituted Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf1), Reconstituted Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Bc3), Warranties and Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2007-Wf2)
Mandatory Delivery. The sale and delivery on the Closing Date of the Mortgage Loans described on the related Mortgage Loan Schedule is mandatory, it being specifically understood and agreed that each Mortgage Loan is unique and identifiable on the date hereof and that an award of money damages would be insufficient to compensate the Purchaser for the losses and damages incurred by the Purchaser (including damages to prospective purchasers of the Mortgage Loans) in the event of the Seller's failure to deliver the Mortgage Loans on or before the Closing Date. All rights and remedies of the Purchaser under this Agreement are distinct from, and cumulative with, any other rights or remedies under this Agreement or afforded by law or equity and all such rights and remedies may be exercised concurrently, independently or successively.
Appears in 7 contracts
Samples: Reconstituted Servicing Agreement (Lehman Xs Trust Series 2005-3), Warranties and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1), Lehman (Structured Adjustable Rate Mortgage Loan Trust Series 2005-18)
Mandatory Delivery. The sale and delivery on the each Closing Date of the related Mortgage Loans described on the respective Mortgage Loan Schedule Schedules is mandatory, it being specifically understood and agreed that each Mortgage Loan is unique and identifiable on the date hereof such Closing Date and that an award of money damages would be insufficient to compensate the Purchaser for the losses and damages incurred by the Purchaser (including damages to prospective purchasers of the Mortgage Loans) in the event of the Seller's ’s failure to deliver the Mortgage Loans on or before the such Closing Date. All rights and remedies of the Purchaser under this Agreement are distinct from, and cumulative with, any other rights or remedies under this Agreement or afforded by law or equity and all such rights and remedies may be exercised concurrently, independently or successively.
Appears in 7 contracts
Samples: And Servicing Agreement (GSR Mortgage Loan Trust 2007-3f), Assignment, Assumption and Recognition Agreement (Thornburg Mortgage Securities Trust 2006-1), Mortgage Loan Purchase (GSR Mortgage Loan Trust 2007-Ar2)
Mandatory Delivery. The sale and delivery on the each Closing Date of the related Mortgage Loans described on the respective Mortgage Loan Schedule Schedules is mandatory, it being specifically understood and agreed that each Mortgage Loan is must be unique and identifiable on the date hereof such related Closing Date and that an award of money damages would be insufficient to compensate the Purchaser for the losses and damages incurred by the Purchaser (including damages to prospective purchasers of the Mortgage Loans) in the event of the Seller's failure to deliver the Mortgage Loans on or before the such related Closing Date. All rights and remedies of the Purchaser under this Agreement are distinct from, and cumulative with, any other rights or remedies under this Agreement or afforded by law or equity and all such rights and remedies may be exercised concurrently, independently or successively.
Appears in 3 contracts
Samples: Custodial Agreement (Bear Stearns Asset Backed Securities I Trust 2006-He3), Custodial Agreement (Prime Mortgage Trust 2007-1), Distribution Instructions (Bear Stearns Asset Backed Securities I Trust 2006-Ac2)
Mandatory Delivery. The sale and delivery on the Closing Date of the Mortgage Loans described on the Mortgage Loan Schedule is mandatory, it being specifically understood and agreed that each Mortgage Loan is unique and identifiable on the date hereof and that an award of money damages would be insufficient to compensate the Purchaser for the losses and damages incurred by the Purchaser (including damages to prospective purchasers of the Mortgage Loans) in the event of the Seller's ’s failure to deliver the Mortgage Loans on or before the Closing Date. All rights and remedies of the Purchaser under this Agreement are distinct from, and cumulative with, any other rights or remedies under this Agreement or afforded by law or equity and all such rights and remedies may be exercised concurrently, independently or successively.
Appears in 3 contracts
Samples: Letter Agreement (Thornburg Mortgage Securities Trust 2005-4), Reconstituted Servicing Agreement (SASCO Mortgage Loan Trust 2005-Wf3), Securitization Subservicing Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-Bc11)
Mandatory Delivery. The sale and delivery on the each Closing Date of the related Mortgage Loans described on the respective Mortgage Loan Schedule Schedules is mandatory, it being specifically understood and agreed that each Mortgage Loan is must be unique and identifiable on the date hereof such Closing Date and that an award of money damages would be insufficient to compensate the Purchaser for the losses and damages incurred by the Purchaser (including damages to prospective purchasers of the Mortgage Loans) in the event of the Seller's failure to deliver the Mortgage Loans on or before the such Closing Date. All rights and remedies of the Purchaser under this Agreement are distinct from, and cumulative with, any other rights or remedies under this Agreement or afforded by law or equity and all such rights and remedies may be exercised concurrently, independently or successively.
Appears in 2 contracts
Samples: Master Mortgage Loan Purchase Agreement (Banc of America Funding 2006-2 Trust), Master Mortgage Loan Purchase Agreement (Banc of America Funding 2006-3 Trust)
Mandatory Delivery. The sale and delivery on the related Closing Date of the Mortgage Loans described on the related Mortgage Loan Schedule is mandatory, it being specifically understood and agreed that each Mortgage Loan is unique and identifiable on the date hereof and that an award of money damages would be insufficient to compensate the Purchaser for the losses and damages incurred by the Purchaser (including damages to prospective purchasers of the Mortgage Loans) in the event of the SellerCompany's failure to deliver the Mortgage Loans on or before the related Closing Date. All rights and remedies of the Purchaser under this Agreement are distinct from, and cumulative with, any other rights or remedies under this Agreement or afforded by law or equity and all such rights and remedies may be exercised concurrently, independently or successively.
Appears in 1 contract
