Common use of Purchase Scheduling Clause in Contracts

Purchase Scheduling. FMC will [**] specify Purchase Dates that fall within each November and each June, but in any event will, subject to Sections 2.02(d) and 3.01(b), purchase or cause a Purchaser Trust to purchase [**] all of the Seasoned Loans held by Program Lender prior to the expiration [**] for any loan in the Pool (i.e., at least once every [**]). FMC shall have the sole and exclusive right to purchase such Seasoned Loans [**], which right may be assigned to one or more Purchaser Trusts. FMC may reschedule the Purchase Date without penalty of any kind, provided that the Purchase Date occurs prior to [**] (i.e., before any Seasoned Loan then held by Program Lender has been seasoned for [**]. The [**] with respect to any Seasoned Loan may be extended due to lack of volume as set forth in Section 2.02(d) or for a failure to comply with one or more conditions as set forth in Section 3.01(b). Program Lender agrees, in consideration of FMC’s undertaking pursuant to this section, not to sell or offer to sell to any third person any interest in any Seasoned Loan originated by Program Lender [**] with respect to such Seasoned Loan. During [**], if Program Lender receives any bona fide third-party written offer to purchase such Seasoned Loan, and if Program Lender desires to accept such offer, Program Lender shall, prior to accepting any such offer, provide a certificate of an officer of Program Lender, certifying to the terms of same to FMC, and FMC (or a Purchaser Trust) shall have the sole and exclusive right to purchase such Seasoned Loan on the terms of such third-party offer [**] for such Seasoned Loan. If FMC (or a Purchaser Trust) fails to exercise such right [**] with respect to such Seasoned Loan, Program Lender shall within its sole discretion be entitled to: (i) sell such Seasoned Loan to any third party or to retain such Seasoned Loan, in whole or in part, for its own account, free and clear of any claim under this Agreement; and/or (ii) immediately terminate this Agreement.

Appears in 3 contracts

Samples: Note Purchase Agreement (National Collegiate Funding LLC), Note Purchase Agreement (First Marblehead Corp), Note Purchase Agreement (National Collegiate Student Loan Trust 2006-4)

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Purchase Scheduling. FMC will [**] specify Purchase Dates that fall within each November and each June, but in any event will, subject to Sections 2.02(d) and 3.01(b), purchase or cause a Purchaser Trust to purchase [**] all of the Seasoned Loans held by Program Lender prior to the expiration [**] for any loan in the Pool (i.e., at least once every [**]). FMC shall have the sole and exclusive right to purchase such Seasoned Loans [**], which right may be assigned to one or more Purchaser Trusts. FMC may reschedule the Purchase Date without penalty of any kind, provided that the Purchase Date occurs prior to [**] (i.e., before any Seasoned Loan then held by Program Lender has been seasoned for [**]. The [**] with respect to any Seasoned Loan may be extended due to lack of volume as set forth in Section 2.02(d) or for a failure to comply with one or more conditions as set forth in Section 3.01(b). Program Lender agrees, in consideration of FMC’s 's undertaking pursuant to this section, not to sell or offer to sell to any third person any interest in any Seasoned Loan originated by Program Lender [**] with respect to such Seasoned Loan. During [**], if Program Lender receives any bona fide third-third- party written offer to purchase such Seasoned Loan, and if Program Lender desires to accept such offer, Program Lender shall, prior to accepting any such offer, provide a certificate of an officer of Program Lender, certifying to the terms of same to FMC, and FMC (or a Purchaser Trust) shall have the sole and exclusive right to purchase such Seasoned Loan on the terms of such third-party offer [**] for such Seasoned Loan. If FMC (or a Purchaser Trust) fails to exercise such right [**] with respect to such Seasoned Loan, Program Lender shall within its sole discretion be entitled to: (i) sell such Seasoned Loan to any third party or to retain such Seasoned Loan, in whole or in part, for its own account, free and clear of any claim under this Agreement; and/or (ii) immediately terminate this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement

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Purchase Scheduling. FMC will [**] specify Purchase Dates that fall within each November and each June, but in any event will, subject to Sections 2.02(d) and 3.01(b), purchase or cause a Purchaser Trust to purchase [**] all of the Seasoned Loans held by Program Lender prior to the expiration [**] for any loan in the Pool (i.e., at least once every [**]). FMC shall have the sole and exclusive right to purchase such Seasoned Loans [**], which right may be assigned to one or more Purchaser Trusts. FMC may reschedule the Purchase Date without penalty of any kind, provided that the Purchase Date occurs prior to [**] (i.e., before any Seasoned Loan then held by Program Lender has been seasoned for [**]. The [**] with respect to any Seasoned Loan may be extended due to lack of volume as set forth in Section 2.02(d) or for a failure to comply with one or more conditions as set forth in Section 3.01(b). Program Lender agrees, in consideration of FMC’s 's undertaking pursuant to this section, not to sell or offer to sell to any third person any interest in any Seasoned Loan originated by Program Lender [**] with respect to such Seasoned Loan. During [**], if Program Lender receives any bona fide third-party written offer to purchase such Seasoned Loan, and if Program Lender desires to accept such offer, Program Lender shall, prior to accepting any such offer, provide a certificate of an officer of Program Lender, certifying to the terms of same to FMC, and FMC (or a Purchaser Trust) shall have the sole and exclusive right to purchase such Seasoned Loan on the terms of such third-party offer [**] for such Seasoned Loan. If FMC (or a Purchaser Trust) fails to exercise such right [**] with respect to such Seasoned Loan, Program Lender shall within its sole discretion be entitled to: (i) sell such Seasoned Loan to any third party or to retain such Seasoned Loan, in whole or in part, for its own account, free and clear of any claim under this Agreement; and/or (ii) immediately terminate this Agreement.

Appears in 1 contract

Samples: Note Purchase Agreement (National Collegiate Student Loan Trust 2007-1)

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