Mortgage Banking Business. (1) Other than as set forth in Schedule 2.2(w)(i) of the Company Disclosure Schedule, the Company and each Subsidiary has in all material respects complied with, and all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by the Company or any Subsidiary satisfied in all material respects, (A) all applicable federal, state and local laws, rules and regulations with respect to the origination, insuring, purchase, sale, pooling, servicing, subservicing, or filing of claims in connection with mortgage loans, including all laws relating to real estate settlement procedures, consumer credit protection, truth in lending laws, usury limitations, fair housing, transfers of servicing, collection practices, equal credit opportunity and adjustable rate mortgages, (B) the responsibilities and obligations relating to mortgage loans set forth in any agreement between the Company or any Subsidiary and any Agency, Loan Investor or Insurer, (C) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (D) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan; and (2) Other than as set forth in Schedule 2.2(w)(2) of the Company Disclosure Schedule, no Agency, Loan Investor or Insurer has (A) claimed in writing that the Company or any Subsidiary has violated or has not complied in all material respects with the applicable underwriting standards with respect to mortgage loans sold by the Company or any Subsidiary to a Loan Investor or Agency, or with respect to any sale of mortgage servicing rights to a Loan Investor, (B) imposed in writing restrictions on the activities (including commitment authority) of the Company or any Subsidiary or (C) indicated in writing to the Company or any Subsidiary that it has terminated or intends to terminate its relationship with the Company or any Subsidiary for poor performance, poor loan quality or concern with respect to the Company’s or any Subsidiary’s compliance with laws. For purposes of this Section 2.2(w):
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Samples: Investment Agreement (Flagstar Bancorp Inc), Investment Agreement (Flagstar Bancorp Inc)
Mortgage Banking Business. (1) Other than as set forth in Schedule 2.2(w)(i) The Company and each of the Company Disclosure Schedule, the Company and each Subsidiary has Subsidiaries have complied in all material respects complied with, and all documentation in connection with the origination, processing, underwriting underwriting, servicing, administration and credit approval of any mortgage loan originated, purchased or serviced by the Company or any Subsidiary has satisfied in all material respects, (Ai) all applicable federal, state and local laws, rules and regulations Laws with respect to the origination, insuring, purchase, sale, pooling, servicing, subservicing, or filing of claims in connection with mortgage loans, including all laws Laws relating to real estate settlement procedures, consumer credit protection, truth in lending laws, usury limitations, fair housing, transfers of servicing, collection practices, equal credit opportunity and adjustable rate mortgages, (Bii) the responsibilities and obligations relating to mortgage loans set forth in any agreement between the Company or any Subsidiary and any Agency, Loan Investor or Insurer, (Ciii) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (Div) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan; and
(2) Other than as set forth in Schedule 2.2(w)(2) of the Company Disclosure Schedule, no . No Agency, Loan Investor or Insurer has (Ai) claimed in writing that the Company or any Subsidiary of the Company Subsidiaries has violated or has not complied in all material respects with the applicable underwriting standards with respect to mortgage loans sold by the Company or any Subsidiary of the Company Subsidiaries to a Loan Investor or Agency, or with respect to any sale of mortgage servicing rights to a Loan Investor, (Bii) imposed in writing material restrictions on the activities (including commitment authority) of the Company or any Subsidiary of the Company Subsidiaries or (Ciii) indicated in writing to the Company or any Subsidiary of the Company Subsidiaries that it has terminated or intends to terminate its relationship with the Company or any Subsidiary of the Company Subsidiaries for poor performance, poor loan quality or concern with respect to the Company’s or any Subsidiary’s of the Company Subsidiaries’ compliance with laws. For purposes of this Section 2.2(w):Laws.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Atlantic Capital Bancshares, Inc.), Stock Purchase Agreement (First Security Group Inc/Tn)
Mortgage Banking Business. (1a) Other than as set forth in Schedule 2.2(w)(i) of the Company Disclosure Schedule, the Company and each Subsidiary has in all material respects its Subsidiaries have complied with, and all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by the Company or any Subsidiary satisfied in all material respectsand its Subsidiaries satisfied, (Ai) all applicable federal, state and local laws, rules and regulations with respect to the origination, insuring, purchase, sale, pooling, servicing, subservicing, or filing of claims in connection with mortgage loans, including all laws relating to real estate settlement procedures, consumer credit protection, truth in lending laws, usury limitations, fair housing, transfers of servicing, collection practices, equal credit opportunity and adjustable rate mortgages, (Bii) the responsibilities and obligations relating to mortgage loans set forth in any agreement between the Company or any Subsidiary and its Subsidiaries and any Agency, Loan Investor or Insurer, (Ciii) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (Div) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan; and.
(2b) Other than as set forth in Schedule 2.2(w)(2) of the Company Disclosure Schedule, no No Agency, Loan Investor or Insurer has (Ai) claimed in writing that the Company or any Subsidiary its Subsidiaries has violated or has not complied in all material respects with the applicable underwriting standards with respect to mortgage loans sold by the Company or any Subsidiary its Subsidiaries to a Loan Investor or Agency, or with respect to any sale of mortgage servicing rights to a Loan Investor, (Bii) imposed in writing restrictions on the activities (including commitment authority) of the Company or any Subsidiary its Subsidiaries or (Ciii) indicated in writing to the Company or any Subsidiary its Subsidiaries that it has terminated or intends to terminate its relationship with the Company or any Subsidiary its Subsidiaries for poor performance, poor loan quality or concern with respect to the Company’s or any Subsidiary’s its Subsidiaries’ compliance with laws. For purposes of this Section 2.2(w):.
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Samples: Merger Agreement (First Commonwealth Financial Corp /Pa/)
Mortgage Banking Business. (1Except as has not had and would not reasonably be expected to result in a Material Adverse Effect:
a) Other than as set forth in Schedule 2.2(w)(i) of the Company Disclosure Schedule, the Company and each Subsidiary Each Bank has in all material respects complied with, and all documentation in connection with the origination, processing, underwriting and credit approval of any mortgage loan originated, purchased or serviced by the Company or any Subsidiary satisfied in all material respectssuch Bank has satisfied, (A1) all applicable federal, state and local laws, rules and regulations with respect to the origination, insuring, purchase, sale, pooling, servicing, subservicing, or filing of claims in connection with mortgage loans, including all laws relating to real estate settlement procedures, consumer credit protection, truth in lending laws, usury limitations, fair housing, transfers of servicing, collection practices, equal credit opportunity and adjustable rate mortgages, (B2) the responsibilities and obligations relating to mortgage loans set forth in any agreement between the Company or any Subsidiary Bank and any Agency, Loan Investor or Insurer, (C3) the applicable rules, regulations, guidelines, handbooks and other requirements of any Agency, Loan Investor or Insurer and (D4) the terms and provisions of any mortgage or other collateral documents and other loan documents with respect to each mortgage loan; and
(2b) Other than as set forth in Schedule 2.2(w)(2) of the Company Disclosure Schedule, no No Agency, Loan Investor or Insurer has (A1) claimed in writing that the Company any Bank or any Subsidiary of its subsidiaries has violated or has not complied in all material respects with the applicable underwriting standards with respect to mortgage loans sold by the Company such Bank or any Subsidiary of its subsidiaries to a Loan Investor or Agency, or with respect to any sale of mortgage servicing rights to a Loan Investor, (B2) imposed in writing restrictions on the activities (including commitment authority) of the Company any Bank or any Subsidiary of its subsidiaries or (C3) indicated in writing to the Company any Bank or any Subsidiary of its subsidiaries that it has terminated or intends to terminate its relationship with the Company Bank or any Subsidiary of its subsidiaries for poor performance, poor loan quality or concern with respect to the Companyany Bank’s or any Subsidiary’s of its subsidiaries’ compliance with laws. For purposes of this Section 2.2(w):.
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