Reimbursement of Borrower. The Seller hereby undertakes with the Mortgages Trustee and Funding that, in the event that any Borrower establishes that it has at any time prior to the Initial Closing Date or, as the case may be, the relevant Assignment Date, paid to the Seller any amounts in excess of sums due to the Seller as at the date of payment under the Mortgage Conditions applicable to that Mortgage Loan (other than any Overpayment made by a Borrower under Flexible Mortgage Loan) the Seller will reimburse the Borrower for such overpayment together with any interest, cost or other expense associated therewith. The Seller further agrees to hold the Mortgages Trustee and Funding harmless against any such claims and to indemnify the Mortgages Trustee and Funding on an after Tax basis in relation to any costs, expense, loss or other claim which may arise in connection therewith. Any payment made by the Seller to the Mortgages Trustee and Funding in discharge of the foregoing indemnity shall be regarded as a rebate of part of the Purchase Price of the relevant Mortgage Loan.
Appears in 10 contracts
Samples: Mortgage Sale Agreement (Granite Mortgages 02-2 PLC), Mortgage Sale Agreement (Granite Mortgages 03-1 PLC), Mortgage Sale Agreement (Granite Mortgages 04-2 PLC)
Reimbursement of Borrower. The Seller hereby undertakes with the Mortgages Trustee and each Funding Beneficiary that, in the event that any Borrower establishes that it has at any time prior to the Initial Closing Date or, as the case may be, the relevant Assignment Date, paid to the Seller any amounts in excess of sums due to the Seller as at the date of payment under the Mortgage Conditions applicable to that Mortgage Loan (other than any Overpayment made by a Borrower under Flexible Mortgage Loan) the Seller will reimburse the Borrower for such overpayment together with any interest, cost or other expense associated therewith. The Seller further agrees to hold the Mortgages Trustee and each Funding Beneficiary harmless against any such claims and to indemnify the Mortgages Trustee and each Funding Beneficiary on an after Tax basis in relation to any costs, expense, loss or other claim which may arise in connection therewith. Any payment made by the Seller to the Mortgages Trustee and each Funding Beneficiary in discharge of the foregoing indemnity shall be regarded as a rebate of part of the Purchase Price of the relevant Mortgage Loan.
Appears in 3 contracts
Samples: Mortgage Sale Agreement (Granite Finance Funding 2 LTD), Mortgage Sale Agreement (Granite Finance Trustees LTD), Mortgage Sale Agreement (Granite Finance Trustees LTD)