Common use of No Adverse Interest of Custodian Clause in Contracts

No Adverse Interest of Custodian. By execution of this Custodial Agreement, the Custodian represents and warrants that it currently holds, and during the existence of this Custodial Agreement shall hold, no adverse interest, by way of security or otherwise, in any Mortgage Loan, and hereby waives and releases any such interest which it may have in any Mortgage Loan as of the date hereof. The Mortgage Loans shall not be subject to any security interest, lien or right to set-off by Custodian or any third party claiming through Custodian, and Custodian shall not pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Mortgage Loans.

Appears in 9 contracts

Samples: Custodial Agreement (New York Mortgage Trust Inc), Custodial Agreement (New York Mortgage Trust Inc), Custodial Agreement (MortgageIT Holdings, Inc.)

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No Adverse Interest of Custodian. By execution of this Custodial Agreement, the Custodian represents and warrants that it currently holds, and during the existence of this Custodial Agreement shall hold, no adverse interest, by way of security or otherwise, in any Mortgage LoanPurchased Asset, and hereby waives and releases any such interest which it may have in any Mortgage Loan Purchased Asset as of the date hereof. The Mortgage Loans Purchased Assets shall not be subject to any security interest, lien or right to of set-off by Custodian Custodian, or its Affiliates, or any third party claiming through Custodian, and Custodian shall not pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Mortgage LoansPurchased Assets.

Appears in 1 contract

Samples: Custodial Agreement (American Home Mortgage Investment Corp)

No Adverse Interest of Custodian. By execution of this Custodial Tri-Party Agreement, the Custodian represents and warrants that it currently holds, and during the existence of this Custodial Tri-Party Agreement shall hold, no adverse interest, by way of security or otherwise, in any Mortgage Loan, and hereby waives and releases any such interest which it may have in any Mortgage Loan as of the date hereof. The Mortgage Loans shall not be subject to any security interest, lien or right to set-off by the Custodian or any third party claiming through the Custodian, and the Custodian shall not pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Mortgage Loans.

Appears in 1 contract

Samples: Tri Party Agreement (Vertical Capital Income Fund)

No Adverse Interest of Custodian. By execution of this Custodial Custodian Agreement, the Custodian represents and warrants that it currently holds, and during the existence of this Custodial Custodian Agreement shall hold, no adverse interest, by way of security or otherwise, in any Mortgage Loan, and hereby waives and releases any such interest which it may have in any Mortgage Loan as of the date hereof. The Mortgage Loans shall not be subject to any security interest, lien or right to set-off by Custodian or any third party claiming through Custodian, and Custodian shall not pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Mortgage Loans.

Appears in 1 contract

Samples: Credit and Security Agreement (Cityscape Financial Corp)

No Adverse Interest of Custodian. By execution of this Custodial Agreement, the Custodian represents and warrants that it currently holds, and during the existence of this Custodial Agreement shall hold, no adverse interest, by way of security or otherwise, in any Mortgage LoanCustodian Files, and hereby waives and releases any such interest which it may have in any Mortgage Loan Custodian Files as of the date hereof. The Mortgage Loans Custodian Files shall not be subject to any security interest, lien or right to set-off by the Custodian or any third party claiming through the Custodian, and the Custodian shall not pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Mortgage Loansany Custodian Files.

Appears in 1 contract

Samples: Custodial Agreement (Trinity Capital Inc.)

No Adverse Interest of Custodian. By execution of this Custodial Agreement, the Custodian represents and warrants that it currently holds, and during the existence of this Custodial Agreement shall hold, no adverse interest, by way of security or otherwise, in any Mortgage LoanLoans, and hereby waives and releases any such interest which it may have in any Mortgage Loan Loans as of the date hereof. The Mortgage Loans shall not be subject to any security interest, lien or right to of set-off by Custodian Custodian, or its Affiliates, or any third party claiming through Custodian, and Custodian shall not pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Mortgage Loans.

Appears in 1 contract

Samples: Custodial Agreement (American Home Mortgage Investment Corp)

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No Adverse Interest of Custodian. By execution of this Custodial Agreement, the Custodian represents and warrants that it currently holds, and during the existence of this Custodial Agreement shall hold, no adverse interest, by way of security or otherwise, in any Mortgage LoanPurchased Asset, and hereby waives and releases any such interest which it may have in any Mortgage Loan Purchased Asset as of the date hereof. The Mortgage Loans Purchased Assets shall not be subject to any security interest, lien or right to set-off by Custodian or any third party claiming through Custodian, and Custodian shall not pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Mortgage LoansPurchased Assets.

Appears in 1 contract

Samples: Custodial Agreement (American Business Financial Services Inc /De/)

No Adverse Interest of Custodian. By execution of this Custodial Agreement, the Custodian represents and warrants that it currently holds, and during the existence of this Custodial Agreement shall hold, no adverse interest, by way of security or otherwise, in any Mortgage LoanPurchased Asset, and hereby subordinates, assigns, waives and releases any such interest to Buyers which it may have in any Mortgage Loan Purchased Asset as of the date hereof. The Mortgage Loans Purchased Assets shall not be subject to any security interest, lien or right to set-off by Custodian or any third party claiming through Custodian, and Custodian shall not pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Mortgage LoansPurchased Assets.

Appears in 1 contract

Samples: Custodial Agreement (American Mortgage Acceptance Co)

No Adverse Interest of Custodian. By execution of this Custodial Agreement, the Custodian represents and warrants that it currently holds, and during the existence of this Custodial Agreement shall hold, no adverse interest, by way of security or otherwise, in any Mortgage LoanDelivered Asset or Purchased Asset, and hereby waives and releases any such interest which it may have in any Mortgage Loan Delivered Asset or Purchased Asset as of the date hereof. The Mortgage Loans Delivered Assets and the Purchased Assets shall not be subject to any security interest, lien or right to of set-off by Custodian or any third party claiming through Custodian, and Custodian shall not pledge, encumber, hypothecate, transfer, dispose of, or otherwise grant any third party interest in, the Mortgage LoansPurchased Assets.

Appears in 1 contract

Samples: Custodial Agreement (American Home Mortgage Investment Corp)

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