Most Favored Status. Guarantor agrees that should Guarantor or any Subsidiary thereof enter into a repurchase agreement or credit facility with any Person other than Buyer or an Affiliate of Buyer which by its terms provide more favorable terms to the related buyer or lender thereunder with respect to any financial covenants set forth in Section 7(z) of the Guaranty or any substantially similar covenants (a “More Favorable Agreement”), (i) Guarantor shall give Buyer prompt notice thereof and (ii) the terms of this Agreement shall be deemed automatically amended to include such more favorable terms contained in such More Favorable Agreement; provided, that in the event that such More Favorable Agreement is terminated, upon notice by Guarantor to Buyer of such termination, the original terms of this Agreement shall be deemed to be automatically reinstated. Seller, Guarantor and Xxxxx further agree to execute and deliver any new guaranties, agreements or amendments to this Agreement evidencing such provisions, provided that the execution of such amendment shall not be a precondition to the effectiveness of such amendment, but shall merely be for the convenience of the parties hereto.
Appears in 1 contract
Samples: Master Repurchase Agreement (Angel Oak Mortgage REIT, Inc.)
Most Favored Status. Guarantor agrees Seller, Administrative Agent and Buyers each agree that should Guarantor Seller or any Subsidiary Affiliate thereof enter into a repurchase agreement or credit facility with any Person other than Administrative Agent or a Buyer or an Affiliate of Administrative Agent or a Buyer which by its terms provide provides more favorable terms to the related buyer or lender thereunder with respect to any guaranties or financial covenants, including covenants covering the same or similar subject matter set forth or referred to in Section 7(z) 6.11 or Section 2 of the Guaranty or any substantially similar covenants Pricing Side Letter (Financial Covenants) (a “More Favorable Agreement”), (i) Guarantor shall give Buyer prompt notice thereof and (ii) then the terms of this Agreement shall be deemed automatically amended to include such more favorable terms contained in such More Favorable Agreement, such that such terms operate in favor of Administrative Agent, Buyers or an Affiliate of Administrative Agent or Buyers; provided, that in the event that such More Favorable Agreement is terminated, upon notice by Guarantor Seller to Buyer Administrative Agent of such termination, the original terms of this Agreement shall be deemed to be automatically reinstatedreinstated without any further action or consent on the part of the parties hereto. SellerAdministrative Agent, Guarantor Seller and Xxxxx Buyers further agree to execute and deliver any new guaranties, agreements or amendments to this Agreement evidencing such provisions, provided that the execution of such amendment shall not be a precondition to the effectiveness of such amendment, but shall merely be for the convenience of the parties hereto.
Appears in 1 contract
Samples: Master Repurchase Agreement (PennyMac Financial Services, Inc.)
Most Favored Status. Guarantor Seller agrees that should Guarantor Seller or any Subsidiary Affiliate thereof enter into a repurchase agreement or agreement, credit facility or other comparable agreement with any Person other than Buyer or an Affiliate of Buyer which by its terms provide provides more favorable terms to the related buyer or lender thereunder such Person with respect to any financial covenants set forth in Section 7(z) of the Guaranty or any substantially similar covenants (a “More Favorable Agreement”), (i) Guarantor shall give Buyer prompt notice thereof and (ii) the terms of this Repurchase Agreement shall be deemed automatically amended to include such more favorable terms contained in such More Favorable Agreement; provided, that in the event that such More Favorable Agreement is terminated, upon notice by Guarantor Seller to Buyer of such termination, the original terms of this Repurchase Agreement shall be deemed to be automatically reinstated. Seller, Guarantor and Xxxxx Seller each further agree agrees to execute and deliver any new guaranties, additional agreements or amendments to this Repurchase Agreement evidencing such provisionsmore favorable terms, provided that the execution of such amendment shall agreements or amendments will not be a precondition to the effectiveness of such amendmentthereof, but shall will merely be for the convenience of the parties hereto. Promptly upon Seller or any Affiliate thereof entering into any such repurchase agreement, credit facility or other comparable agreement with any Person other than Buyer, Seller shall deliver notice to Buyer of such More Favorable Agreement.
Appears in 1 contract
Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.)
Most Favored Status. Sellers, Guarantor agrees and the Buyer each agree that should any Seller or Guarantor or any Subsidiary Affiliate thereof enter into a repurchase agreement or credit facility with any Person other than the Buyer or an Affiliate of the Buyer which by its terms provide provides more favorable terms to the related buyer or lender thereunder Buyer with respect to any financial covenants set forth in Section 7(z) of the Guaranty Sections 14.n and 00.xx hereof or any substantially similar covenants (a “More Favorable Agreement”), (i) Guarantor shall give Buyer prompt notice thereof and (ii) the terms of this Agreement shall be deemed automatically amended to include such more favorable terms contained in such More Favorable Agreement; provided, that in the event that such More Favorable Agreement is terminated, upon notice by Guarantor such Seller to the Buyer of such termination, the original terms of this Agreement shall be deemed to be automatically reinstated. SellerSellers, the Guarantor and Xxxxx the Buyer further agree to execute and deliver any new guaranties, agreements or amendments to this Agreement evidencing such provisions, provided that the execution of such amendment shall not be a precondition to the effectiveness of such amendment, but shall merely be for the convenience of the parties hereto. Promptly upon any Seller or Guarantor or any Affiliate thereof entering into a repurchase agreement or other credit facility with any Person other than the Buyer, Sellers shall deliver to the Buyer a true, correct and complete copy of such repurchase agreement, loan agreement, guaranty or other financing documentation.
Appears in 1 contract
Samples: Master Repurchase Agreement (Altisource Residential Corp)
Most Favored Status. Guarantor Borrower covenants and agrees that should Guarantor Borrower or any Subsidiary Affiliate thereof enter into a repurchase agreement agreement, warehouse facility, guaranty, mortgage servicing rights financing or similar credit facility with any Person other than Buyer or an Affiliate (including, without limitation, any of Buyer its Affiliates) which by its terms provide provides more favorable terms to the related buyer or lender thereunder with respect to any guaranties or financial covenants set forth in Section 7(z) of the Guaranty or any substantially similar other material covenants (each, a “More Favorable Agreement”), (i) Guarantor then Borrower shall give Buyer provide Bank with prompt notice thereof of such more favorable terms contained in such More Favorable Agreement and (ii) the terms of this Agreement Agreement, shall be deemed automatically amended to include such more favorable terms contained in such More Favorable Agreement, such that such terms operate in favor of Bank hereunder; provided, that in the event that such More Favorable Agreement is terminated, upon notice by Guarantor Borrower to Buyer Bank of such termination, the original terms of this Agreement shall be deemed to be automatically reinstated. SellerPromptly upon Borrower or any Affiliate thereof entering into a repurchase agreement or other credit facility with any Person, Guarantor Borrower shall deliver to Bank a true, correct and Xxxxx further agree to execute and deliver any new guaranties, agreements or amendments to this Agreement evidencing such provisions, provided that the execution of such amendment shall not be a precondition to the effectiveness of such amendment, but shall merely be for the convenience complete summary of the parties heretomore favorable terms in such More Favorable Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (GlassBridge Enterprises, Inc.)