RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereof, unless a Margin Deficit or a Default shall have occurred and be continuing: (a) the Purchaser shall be deemed to have terminated any security interest that Purchaser may have in such Purchased Asset and Purchased Item or, in the case of the REO Asset, the REO Property subject to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (c) with respect to such Purchased Asset, the Purchaser shall or shall direct Custodian to release such Purchased Asset to Seller. Except as set forth in Sections 15 and 16(f)(ii), Seller shall give at least two (2) Business Days’ prior written notice to the Purchaser if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO Asset. If such a Margin Deficit is applicable, the Purchaser shall notify Seller of the amount thereof and Seller may thereupon satisfy the Margin Call in the manner specified in Section 7.
Appears in 3 contracts
Samples: Master Repurchase Agreement, Master Repurchase Agreement (DITECH HOLDING Corp), Master Repurchase Agreement (Walter Investment Management Corp)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereof, unless a Margin Deficit or a an Event of Default shall have occurred and be continuing: (a) the Purchaser shall be deemed to have terminated automatically and without any further action terminate any security interest that Purchaser may have in such Purchased Asset and Purchased Item or, in the case of the REO Asset, the REO Property subject to repurchase, (b) all of the Purchaser’s rightPurchaser shall automatically and without further action sell and release to the Seller or the applicable Takeout Investor, title and interest in as the case may be, such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (c) with respect to such Purchased Asset, the Purchaser shall or shall direct Custodian to release such Purchased Asset to SellerSeller or the applicable Takeout Investor, as the case may be. Except as set forth in Sections 15 Section 16(f)(ii) and 16(f)(ii)Section 15, Seller shall give at least two (2) Business Days’ Days prior written notice to the Purchaser if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO Asset. If such a Margin Deficit is applicable, the Purchaser shall notify Seller of the amount thereof and Seller may thereupon satisfy the Margin Call in the manner specified in Section 7.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (UWM Holdings Corp), Master Repurchase Agreement (Home Point Capital Inc.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereofAsset, unless a Margin Deficit Default or a Event of Default shall have occurred and be continuing: , then (a) the Purchaser Buyer shall be deemed to have terminated and released any security interest that Purchaser Buyer may have in such Purchased Asset and any Purchased Item or, in the case of the REO Asset, the REO Property subject Items solely related to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (cb) with respect to such Purchased Asset, the Purchaser shall or Buyer shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to Sellersuch Purchased Asset to the Seller unless such release and termination would give rise to or perpetuate a Margin Deficit. Except as set forth in Sections 15 and 16(f)(ii)Section 17, the Seller shall give at least two one (21) Business Days’ Day’s prior written notice to the Purchaser Buyer if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO AssetDate as set forth in Section 3(f). If such release and termination gives rise to or perpetuates a Margin Deficit Call that is applicablenot paid when due, the Purchaser Buyer shall notify the Seller of the amount thereof and the Seller may shall thereupon satisfy the Margin Call in the manner specified in Section 76(b), following which Buyer shall promptly perform its obligations as set forth above in this Section 11.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereof, unless a Margin Deficit (i) Seller has not satisfied any outstanding and payable obligations under Section 7 of this Agreement, or a (ii) an Event of Default shall have occurred and be continuing: (a) the Purchaser shall be deemed to have terminated any security interest that Purchaser may have in such Purchased Asset and Purchased Item or, in the case of the REO Asset, the REO Property subject to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, Assets shall automatically transfer to RMSSeller, and (c) with respect to such Purchased Asset, the Purchaser shall or shall direct Custodian to release such Purchased Asset to Seller. Except as set forth in Sections 15 Section 16(f)(ii) and 16(f)(ii)Section 15, Seller shall give at least two (2) Business Days’ Days prior written notice to the Purchaser if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO Asset. If such a Margin Deficit is applicable, the Purchaser shall notify Seller of the amount thereof and Seller may thereupon satisfy the Margin Call in the manner specified in Section 7.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereofAsset, unless a Margin Deficit or a an Event of Default shall have occurred and be continuing: that has not been waived by Buyer in its sole discretion in writing, then (a) the Purchaser Buyer shall be deemed to have terminated any security interest that Purchaser Buyer may have in such Purchased Asset and any Purchased Item or, in the case of the REO Asset, the REO Property subject Items solely related to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (cb) with respect to such Purchased Asset, the Purchaser shall or Buyer shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to Sellersuch Purchased Asset to Seller unless such release and termination would give rise to or perpetuate a Margin Deficit. Except as set forth in Sections 15 and 16(f)(ii)Section 16, Seller shall use its best efforts to give at least two (2) Business Days’ Days prior written notice to the Purchaser Buyer if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO AssetDate in Section 3(e). If such release and termination gives rise to or perpetuates a Margin Deficit is applicableDeficit, the Purchaser Buyer shall notify Seller of the amount thereof and Seller may shall thereupon satisfy the Margin Call in the manner specified in Section 76.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f3(g) hereof, unless a Margin Deficit or a an Event of Default shall have occurred and be is continuing: (a) the Purchaser Agent, on behalf of the related Purchaser, shall be deemed to have terminated any security interest that the Agent, on behalf of the related Purchaser, or Purchaser may have in such Purchased Asset and Purchased Item or, in the case of the REO Asset, the REO Property subject to repurchase, (b) all of the Agent and related Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, Assets shall automatically transfer to RMSSeller, and (c) with respect to such Purchased Asset, the Purchaser Agent, on behalf of the related Purchaser, shall or shall direct Custodian to release such Purchased Asset to Seller. Except as set forth in Sections 15 and 16(f)(ii)Section 15, Seller shall give at least two (2) Business Days’ Days prior written notice to the Purchaser Agent, on behalf of the related Purchaser, if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO Asset. If such a Margin Deficit is applicable, the Purchaser Purchasers shall notify Seller of the amount thereof and Seller may thereupon satisfy the Margin Call in the manner specified in Section 7.
Appears in 1 contract
Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereofAsset, unless a Margin Deficit Default or a Event of Default shall have occurred and be continuing: , then (a) Agent for the Purchaser benefit of Buyers shall be deemed to have terminated and released any security interest that Purchaser Agent for the benefit of Buyers may have in such Purchased Asset and any Purchased Item or, in the case of the REO Asset, the REO Property subject Items solely related to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (cb) with respect to such Purchased Asset, Agent for the Purchaser shall or benefit of Buyers shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to such Purchased Asset to the Seller unless such release and termination would give rise to or perpetuate a Margin Deficit. Such release, if requested by Seller, shall be in the form of Exhibit D hereto. Except as set forth in Sections 15 and 16(f)(ii)Section 16, the Seller shall give at least two one (21) Business Days’ Day’s prior written notice to the Purchaser Agent if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO AssetDate as set forth in Section 3(f). If such release and termination gives rise to or perpetuates a Margin Deficit Call that is applicablenot paid when due, the Purchaser Agent shall notify the Seller of the amount thereof and the Seller may shall thereupon satisfy the Margin Call in the manner specified in Section 76(b), following which Agent shall promptly perform its obligations as set forth above in this Section 10.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereofAsset, unless a Margin Deficit Default or a Event of Default shall have occurred and be continuing: , then (a) the Purchaser Buyer shall be deemed to have terminated and released any security interest that Purchaser Buyer may have in such Purchased Asset and any Purchased Item or, in the case of the REO Asset, the REO Property subject Items solely related to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (cb) with respect to such Purchased Asset, the Purchaser shall or Buyer shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to Sellersuch Purchased Asset to the Seller unless such release and termination would give rise to or perpetuate a Margin Deficit. Except as set forth in Sections 15 and 16(f)(ii)Section 16, the Seller shall give at least two one (21) Business Days’ Day’s prior written notice to the Purchaser Buyer if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO AssetDate as set forth in Section 3(f). If such release and termination gives rise to or perpetuates a Margin Deficit Call that is applicablenot paid when due, the Purchaser Buyer shall notify the Seller of the amount thereof and the Seller may shall thereupon satisfy the Margin Call in the manner specified in Section 76(b), following which Buyer shall promptly perform its obligations as set forth above in this Section 10.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereof, unless a Margin Deficit or a Default shall have occurred and be continuing: (a) the Purchaser shall be deemed to have terminated any security interest that Purchaser may have in such Purchased Asset and Purchased Item or, in the case of the REO Asset, the REO Property subject to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (c) with respect to such Purchased Asset, the Purchaser shall or shall direct Custodian to release such Purchased Asset to Seller. Except as set forth in Sections 15 and 16(f)(ii), Seller shall give at least two (2) Business Days’ prior written notice to the Purchaser if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO Asset. If such a Margin Deficit is applicable, the Purchaser shall notify Seller of the amount thereof and Seller may thereupon satisfy the Margin Call in the manner specified in Section 7.
Appears in 1 contract
Samples: Master Repurchase Agreement (Walter Investment Management Corp)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereof, unless a Margin Deficit or a an Event of Default shall have occurred and be continuing: (a) the Purchaser shall be deemed to have terminated automatically and without any further action terminate any security interest that Purchaser may have in such Purchased Asset and Purchased Item or, in the case of the REO Asset, the REO Property subject to repurchase, (b) all of the Purchaser’s right, title Purchaser shall automatically and interest in without further action sell and release to the Seller such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (c) with respect to such Purchased Asset, the Purchaser shall (or shall direct Custodian to to) (i) release such Purchased Asset to the Seller and (ii) at the Seller’s cost, take such other actions as may be reasonably requested by the Seller to cause such Purchased Asset (and the related Servicing Rights) to be transferred to the Seller. Except as set forth in Sections 15 Section 16(f)(ii) and 16(f)(ii)Section 15, Seller shall give at least two one (21) Business Days’ Day’s prior written notice to the Purchaser if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO Asset. If such a Margin Deficit is applicable, the Purchaser shall notify Seller of the amount thereof and Seller may thereupon satisfy the Margin Call in the manner specified in Section 7.
Appears in 1 contract
Samples: Master Repurchase Agreement (Home Loan Servicing Solutions, Ltd.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to in accordance with Section 3(f) hereof14, unless a Margin Deficit Default or a Event of Default shall have occurred and be continuing: , then (a) the Purchaser Buyer shall be deemed to have terminated and released any security interest that Purchaser Buyer may have in such Purchased Asset and any Purchased Item or, in the case of the REO Asset, the REO Property subject Items solely related to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (cb) with respect to such Purchased Asset, the Purchaser shall or Buyer shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to Sellersuch Purchased Asset to the Seller unless such release and termination would give rise to or perpetuate a Margin Deficit. Except as set forth in Sections 15 and 16(f)(ii)Section 16, the Seller shall give at least two one (21) Business Days’ Day’s prior written notice to the Purchaser Buyer if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO AssetDate in Section 3(i). If such release and termination gives rise to or perpetuates a Margin Deficit Call that is applicablenot paid when due, the Purchaser Buyer shall notify the Seller of the amount thereof and the Seller may shall thereupon satisfy the Margin Call in the manner specified in Section 76(b), following which Buyer shall promptly perform its obligations as set forth above in this Section 10.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereofAsset, unless a Margin Deficit Default or a Event of Default shall have occurred and be continuing: , then (a) the Purchaser Buyer shall be deemed to have terminated and released any security interest that Purchaser Buyer may have in such Purchased Asset and any Purchased Item or, in the case of the REO Asset, the REO Property subject Items solely related to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (cb) with respect to such Purchased Asset, the Purchaser shall or Buyer shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to Sellersuch Purchased Asset to the Seller unless such release and termination would give rise to or perpetuate a Margin Deficit. Except as set forth in Sections 15 and 16(f)(ii)Section Error! Reference source not found., the Seller shall give at least two one (21) Business Days’ Day’s prior written notice to the Purchaser Buyer if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO AssetDate in Section 3(f). If such release and termination gives rise to or perpetuates a Margin Deficit Call that is applicablenot paid when due, the Purchaser Buyer shall notify the Seller of the amount thereof and the Seller may shall thereupon satisfy the Margin Call in the manner specified in Section 76(b), following which Buyer shall promptly perform its obligations as set forth above in this Section 10.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereof, unless a Margin Deficit or a an Event of Default shall have occurred and be continuing: (a) the related Purchaser shall be deemed to have terminated any security interest that such Purchaser may have in such Purchased Asset and Purchased Item orAsset, or in the case of the REO Asset, the REO Property subject to repurchase, (b) all of the related Purchaser’s right, title and interest in such Purchased Asset Assets or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMSSeller, and (c) with respect to such Purchased Asset, the related Purchaser shall or shall direct Custodian to release such Purchased Asset to Seller or, in the case of the REO Asset, the related Purchaser shall release the related REO Property File to Seller. Except as set forth in Sections 15 16(f)(ii) and 16(f)(ii)15, Seller shall give at least two (2) Business Days’ prior written notice to the related Purchaser if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO Asset. If such a Margin Deficit is applicable, the Purchaser Purchasers shall notify Seller of the amount thereof and Seller may thereupon satisfy the Margin Call in the manner specified in Section 7.
Appears in 1 contract
Samples: Master Repurchase Agreement (Nationstar Mortgage Holdings Inc.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset (or in the case of the REO Property Asset, the related REO Property) pursuant to Section 3(f3(f) hereof, unless a Margin Deficit or a Default shall have occurred and be continuing: (a) the Purchaser Agent shall be deemed to have terminated any security interest that Purchaser Agent, for the benefit of Purchasers, may have in such Purchased Asset and Purchased Item or, subject to repurchase (and in the case of the REO Asset, the REO Property subject Subsidiary shall be deemed to repurchasehave terminated any interest that the REO Subsidiary may have in the related REO Property), (b) all of the PurchaserAgent’s and Purchasers’ right, title and interest in such Purchased Asset or, (and in the case of the REO Asset, all of the REO Property Subsidiary’s right, title and interest in the related REO Property) subject to repurchase, shall automatically transfer to RMSSeller, and (c) with respect to such Purchased Asset, the Purchaser Agent shall or shall direct Custodian to release such Purchased Asset to Seller. Except as set forth in Sections 15 15 and 16(f)(ii), Seller shall give at least two (2) Business Days’ prior written notice to the Purchaser Agent if such repurchase shall occur on any date other than the Repurchase Date. In the case of a repurchase of all the REO Properties underlying the REO Asset, Purchaser shall Agent may assign the REO Asset to RMS upon a repurchase of the REO AssetSeller. If such a Margin Deficit has occurred and is applicablecontinuing, the Purchaser Agent shall notify Seller of the amount thereof and Seller may thereupon satisfy the Margin Call in the manner specified in Section 77.
Appears in 1 contract
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereofAsset, unless a Margin Deficit Default or a Event of Default shall have occurred and be continuing: , then (a) the Purchaser Buyer shall be deemed to have terminated and released any security interest that Purchaser Buyer may have in such Purchased Asset and any Purchased Item or, in the case of the REO Asset, the REO Property subject Items solely related to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (cb) with respect to such Purchased Asset, the Purchaser shall or Buyer shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to Sellersuch Purchased Asset to the Seller unless such release and termination would give rise to or perpetuate a Margin Deficit. Except as set forth in Sections 15 and 16(f)(ii)Section 1617, the Seller shall give at least two one (21) Business Days’ Day’s prior written notice to the Purchaser Buyer if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO AssetDate as set forth in Section 3(f). If such release and termination gives rise to or perpetuates a Margin Deficit Call that is applicablenot paid when due, the Purchaser Buyer shall notify the Seller of the amount thereof and the Seller may shall thereupon satisfy the Margin Call in the manner specified in Section 76(b), following which Buyer shall promptly perform its obligations as set forth above in this Section 1011.
Appears in 1 contract
Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereof, unless a Margin Deficit or a an Event of Default shall have occurred and be continuing: (a) the Purchaser shall be deemed to have terminated any security interest that Purchaser may have in such Purchased Asset and Purchased Item or, in the case of the REO Asset, the REO Property subject to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, Assets shall automatically transfer to RMSSeller, and (c) with respect to such Purchased Asset, the Purchaser shall or shall direct Custodian to release such Purchased Asset to Seller. Except as set forth in Sections 15 and 16(f)(ii), Seller shall give at least two (2) Business Days’ Days prior written notice to the Purchaser if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO Asset. If such a Margin Deficit is applicable, the Purchaser shall notify Seller of the amount thereof and Seller may thereupon satisfy the Margin Call in the manner specified in Section 7.
Appears in 1 contract
Samples: Master Repurchase Agreement (Five Oaks Investment Corp.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereofand the satisfaction of all other Obligations (if any), unless a Margin Deficit Default or a Event of Default shall have occurred and be continuing: , then (a) the Purchaser Buyer shall be deemed to have terminated any security interest that Purchaser Buyer may have in such Purchased Asset and any Purchased Item or, in the case of the REO Asset, the REO Property subject Items solely related to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset orand, in the case of the REO Assetif applicable, the REO Property subject to repurchase, shall automatically transfer to RMS, any related Underlying Assets and (cb) with respect to such Purchased Asset, the Purchaser shall or Buyer shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to Sellersuch Purchased Asset to or at the direction of the related Seller or REO Entity, as applicable, unless such release and termination would give rise to or perpetuate a Margin Deficit. Except as set forth in Sections 15 and 16(f)(ii), The related Seller shall give at least two one (21) Business Days’ prior written notice to the Purchaser Buyer if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO AssetDate in Section 3(e). If such release and termination gives rise to or perpetuates a Margin Deficit is applicableDeficit, the Purchaser Buyer shall notify the related Seller of the amount thereof and such Seller may shall thereupon satisfy the Margin Call in the manner specified in Section 76.
Appears in 1 contract
Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a all of the Purchased Asset or REO Property pursuant to Section 3(f) hereofAssets and the satisfaction of all other Obligations and the termination of this Agreement, unless a Margin Deficit or a Default shall have occurred and be continuing: (a) the Purchaser then Buyer shall be deemed to have terminated any security interest that Purchaser Buyer may have in such Purchased Asset Assets and any Purchased Item orItems solely related to the Purchased Assets. With respect to any Loan held by United Shore, upon timely payment in the case full of the REO AssetRepurchase Price allocable to such Loan and the satisfaction of all other Obligations (if any) then outstanding, the REO Property subject unless a Default or an Event of Default shall have occurred and be continuing, then Buyer shall be deemed to repurchase, (b) all of the Purchaser’s right, title and have released its interest in such Loan and any Purchased Asset orItems related to any such Loan, in the case of the REO Asset, the REO Property subject unless such release would give rise to repurchase, or perpetuate a Margin Deficit. No Loans may be removed from United Shore unless Buyer shall automatically transfer have released its interest pursuant to RMS, and (c) with respect to such Purchased Asset, the Purchaser this Section 10. Sellers shall or shall direct Custodian to release such Purchased Asset to Seller. Except as set forth in Sections 15 and 16(f)(ii), Seller shall give provide at least two (2) Business Days’ prior written notice to the Purchaser Buyer if such any repurchase or removal pursuant to this Section 10 shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset If any release and termination gives rise to RMS upon a repurchase of the REO Asset. If such or perpetuates a Margin Deficit is applicableDeficit, the Purchaser Buyer shall notify Seller Sellers of the amount thereof and Seller may prior to such release, Sellers shall thereupon satisfy the Margin Call upon such release in the manner specified in Section 76. Any Margin Deficit shall be cured prior to the release of any Loan pursuant to this Section 10.
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RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereof, unless a Margin Deficit or a an Event of Default shall have occurred and be continuing: (a) the Purchaser shall be deemed to have terminated any security interest that such Purchaser may have in such Purchased Asset and Purchased Item orAsset, or in the case of the REO Asset, the REO Property subject to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset Assets or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMSSeller, and (c) with respect to such Purchased Asset, the Purchaser shall or shall direct Custodian to release such Purchased Asset to Seller or, in the case of the REO Asset, the Purchaser shall release the related REO Property File to Seller. Except as set forth in Sections 15 16(f)(ii) and 16(f)(ii)15, Seller shall give at least two (2) Business Days’ prior written notice to the Purchaser if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO Asset. If such a Margin Deficit is applicable, the Purchaser shall notify Seller of the amount thereof and Seller may thereupon satisfy the Margin Call in the manner specified in Section 7.
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Samples: Master Repurchase Agreement (Mr. Cooper Group Inc.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereofAsset, unless a Margin Deficit Default or a Event of Default shall have occurred and be continuing: , then (a) the Purchaser Buyer shall be deemed to have terminated and released any security interest that Purchaser Buyer may have in such Purchased Asset and any Purchased Item or, in the case of the REO Asset, the REO Property subject Items solely related to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (cb) with respect to such Purchased Asset, the Purchaser shall Buyer (or Agent on behalf of Buyer) shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to Sellersuch Purchased Asset to Seller unless such release and termination would give rise to or perpetuate a Margin Deficit. Except as set forth in Sections 15 and 16(f)(ii)Section 16, Seller shall give at least two one (21) Business Days’ Day’s prior written notice to the Purchaser Buyer and Agent if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO AssetDate as set forth in Section 3(j). If such release and termination gives rise to or perpetuates a Margin Deficit Call that is applicablenot paid when due, the Purchaser Buyer (or Agent on behalf of Buyer) shall notify Seller of the amount thereof and Seller may shall thereupon satisfy the Margin Call in the manner specified in Section 76(b), following which Buyer shall promptly perform its obligations as set forth above in this Section 10.
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Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
RELEASE OF PURCHASED ASSETS. Upon timely payment in full of the Repurchase Price and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereofAsset, unless a Margin Deficit Default or a Event of Default shall have occurred and be continuing: , then (a) Agent for the Purchaser benefit of Buyers shall be deemed to have terminated and released any security interest that Purchaser Agent for the benefit of Buyers may have in such Purchased Asset and any Purchased Item or, in the case of the REO Asset, the REO Property subject Items solely related to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (cb) with respect to such Purchased Asset, Agent for the Purchaser shall or benefit of Buyers shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to such Purchased Asset to the Seller unless such release and termination would give rise to or perpetuate a Margin Deficit. Such release, if requested by Seller, shall be in the form of Exhibit D attached hereto. Except as set forth in Sections 15 and 16(f)(ii)Section 16, the Seller shall give at least two one (21) Business Days’ Day’s prior written notice to the Purchaser Agent if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO AssetDate as set forth in Section 3(f). If such release and termination gives rise to or perpetuates a Margin Deficit Call that is applicablenot paid when due, the Purchaser Agent shall notify the Seller of the amount thereof and the Seller may shall thereupon satisfy the Margin Call in the manner specified in Section 76(b), following which Agent shall promptly perform its obligations as set forth above in this Section 10.
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Samples: Master Repurchase Agreement (Rocket Companies, Inc.)
RELEASE OF PURCHASED ASSETS. Upon (a) With respect to any Purchased Asset, other than any Purchased Asset that is sold by Seller to Xxxxxx Xxx in an Early Funding Transaction, upon timely payment in full of the Repurchase Price with respect to such Purchased Asset and all other Obligations (if any) then owing with respect to a Purchased Asset or REO Property pursuant to Section 3(f) hereofowing, unless a Margin Deficit Default, Event of Default or a Default Event of Termination shall have occurred and be continuing: , then (ai) the Purchaser Buyer shall be deemed to have terminated any security interest that Purchaser Buyer may have in such Purchased Asset and any Purchased Item or, in the case of the REO Asset, the REO Property subject Items solely related to repurchase, (b) all of the Purchaser’s right, title and interest in such Purchased Asset or, in the case of the REO Asset, the REO Property subject to repurchase, shall automatically transfer to RMS, and (cii) with respect to such Purchased Asset, the Purchaser shall or Buyer shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to such Purchased Asset to Seller and shall execute such customary security interest release documents as may be reasonably requested by Seller, in each case unless such release and termination would give rise to or perpetuate a Margin Deficit. Notwithstanding the foregoing, Buyer shall release all Purchased Items, notwithstanding the occurrence of an Event of Termination, upon payment in full by Seller pursuant to Section 17 of the Repurchase Price for all Purchased Items then subject to outstanding Transactions and payment in full of all other Obligations then due to Buyer or any of Buyer’s Affiliates. Except as set forth in Sections 15 and 16(f)(ii)Section 16, Seller shall give at least two one (21) Business Days’ Day’s prior written notice to the Purchaser Buyer if such repurchase shall occur on any date other than the Repurchase Date. In the case of the REO Asset, Purchaser shall assign the REO Asset to RMS upon a repurchase of the REO AssetDate as specified in Section 3(i). If such release and termination gives rise to or perpetuates a Margin Deficit is applicableDeficit, the Purchaser Buyer shall notify Seller of the amount thereof and Seller may shall thereupon satisfy the Margin Call in the manner specified in Section 76.
(b) In the case of any Purchased Asset to be sold by Seller to Xxxxxx Mae in an Early Funding Transaction, Seller shall, at least 1 Business Day prior to the related date of purchase by Xxxxxx Xxx, (i) upload to Buyer’s system loan-level information relating to the Purchased Assets to be sold by Seller to Xxxxxx Mae in connection with such Early Funding Transaction (such information to be contained in a file relating only to the Purchased Assets to be sold by Seller to Xxxxxx Xxx in such Early Funding Transaction) and (ii) wire transfer the Shortfall Amount, if any, relating to such Early Funding Transaction to Buyer’s account in accordance with the Wiring Instructions set forth in Section 2 of the applicable Tri-Party Agreement. In the event that Buyer shall not have received from Seller, by 12:00 noon (Eastern time) on the purchase date for any Early Funding Transaction, the entire Shortfall Amount relating to such Early Funding Transaction, Buyer shall send to Xxxxxx Mae a Cut-Off Notice by no later than the applicable Cut-Off Time. With respect to any Purchased Asset to be sold to Xxxxxx Xxx in an Early Funding Transaction, if Buyer shall not have sent to Xxxxxx Mae a Cut-Off Notice identifying such Purchased Asset at or prior to the applicable Cut-Off Time in accordance with Section 1(c) of the applicable Tri-Party Agreement, upon receipt of the Purchase Proceeds with respect to such Purchased Asset in the Third Party Loan Purchase Proceeds Account (a) Buyer shall be deemed to have terminated any security interest that Buyer may have in such Purchased Asset and any Purchased Items solely related to such Purchased Asset and (b) with respect to such Purchased Asset, Buyer shall direct Custodian to release such Purchased Asset and any Purchased Items solely related to such Purchased Asset to Xxxxxx Xxx and shall cause the execution of such customary security interest release documents as may be reasonably requested by Xxxxxx Mae. Nothing in the foregoing sentence shall be construed as a waiver or satisfaction of Seller’s obligation to remit any Shortfall Amount or any other amount due and owing to Buyer pursuant to this Agreement. If such release and termination gives rise to or perpetuates a Margin Deficit, Buyer shall notify Seller of the amount thereof and Seller shall thereupon satisfy the Margin Call in the manner specified in Section 6.
(c) Buyer hereby represents and warrants to Seller that, as of the time on each Repurchase Date that Buyer shall have received the Repurchase Price and released its interest in the related Purchased Assets in accordance with the terms herein, such Purchased Assets repurchased by Seller will be free and clear of all claims, liens, security interests and/or other encumbrances created by or through Buyer.
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