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Repurchase Obligations of BCHI Sample Clauses

Repurchase Obligations of BCHI. (a) BCHI hereby covenants and agrees with the Purchaser that BCHI shall be liable to the Purchaser to the same extent as the Mortgage Loan Seller for all of the obligations of the Mortgage Loan Seller under Section 5 of this Agreement. BCHI further agrees that the Purchaser shall not be bound or obligated to initially request the Mortgage Loan Seller to perform any of its obligations under Section 5 of this Agreement, but may instead initially request BCHI to perform such obligations. Additionally, BCHI agrees that the Purchaser shall not be bound or obligated in any way to exhaust recourse against the Mortgage Loan Seller before being entitled to demand the performance by BCHI of the Mortgage Loan Seller’s obligations under Section 5 of this Agreement. Performance by BCHI of any of the Mortgage Loan Seller’s obligations under Section 5 of this Agreement shall be deemed to be performance thereof by the Mortgage Loan Seller and performance by the Mortgage Loan Seller of its obligations under Section 5 of this Agreement shall be deemed to be performance thereof by BCHI. (b) The Mortgage Loan Seller, BCHI and the Purchaser hereby agree that the obligations of BCHI with respect to the Repurchase Obligations (defined below) are the direct obligations of BCHI and the Repurchase Obligations with respect to BCHI are not intended to constitute a guaranty or contract of suretyship. However, in the event that the Repurchase Obligations are recharacterized as a guaranty, surety or other similar form of obligation, then in such case BCHI agrees that it shall guaranty the Repurchase Obligations. BCHI hereby agrees that BCHI’s obligation to cure or repurchase any Mortgage Loan with respect to which a Material Defect has occurred or deliver a Loss of Value Payment, if applicable, in each case pursuant to Section 5 and Section 19(a) hereof (such obligations of BCHI, the “Repurchase Obligations”) shall not be released, diminished, impaired, reduced or adversely affected by, and does hereby waive any defenses related to, any common law, equitable, statutory or other rights (including without limitation rights to notice) which BCHI might otherwise have in the event of any such recharacterization.
Repurchase Obligations of BCHI iv) BCHI hereby covenants and agrees with the Purchaser that BCHI shall be liable to the Purchaser to the same extent as the Mortgage Loan Seller for all of the obligations of the Mortgage Loan Seller under Section 5 of this Agreement. BCHI further agrees that the Purchaser shall not be bound or obligated to initially request the Mortgage Loan Seller to perform any of its obligations under Section 5 of this Agreement, but may instead initially request BCHI to perform such obligations. Additionally, BCHI agrees that the Purchaser shall not be bound or obligated in any way to exhaust recourse against the Mortgage Loan Seller before being entitled to demand the performance by BCHI of the Mortgage Loan Seller’s obligations under Section 5 of this Agreement. Performance by BCHI of any of the Mortgage Loan Seller’s obligations under Section 5 of this Agreement shall be deemed to be performance thereof by the Mortgage Loan Seller and performance by the Mortgage Loan Seller of its obligations under Section 5 of this Agreement shall be deemed to be performance thereof by BCHI.