SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each Purchased Asset shall pass to Buyer on the related Purchase Date, and Buyer shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating or rehypothecating the Purchased Assets, but no such transaction shall relieve Buyer of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 or of its obligation to apply all amounts as required under Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement. (b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by Seller. Except to the extent expressly set forth in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any Affiliate of Seller.
Appears in 3 contracts
Samples: Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.), Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.), Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each Purchased Asset Assets shall pass to Buyer Purchaser on the related Purchase Date, and Buyer Purchaser shall have free and unrestricted use of all each Purchased AssetsAsset, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer Purchaser from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating or rehypothecating the Purchased Assets, all on terms that Purchaser may determine in its sole and absolute discretion, but no such transaction shall relieve Buyer Purchaser of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 or of its Purchaser’s obligation to apply all amounts as required under credit or pay Income to the obligations of Seller pursuant to Article 5(f5(e) or otherwise affect the rights, of Purchaser’s obligations and remedies of any party to this Agreementin Article 20.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer Purchaser to segregate any Purchased Assets Asset delivered to Buyer Purchaser by Seller. Except to the extent expressly set forth in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any Affiliate of Seller.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Claros Mortgage Trust, Inc.), Master Repurchase Agreement (Claros Mortgage Trust, Inc.)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each Purchased Asset Assets shall pass to Buyer on the related Purchase Date, and Buyer shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating or rehypothecating the Purchased Assets, all on terms that Buyer may determine in its sole discretion, but no such transaction shall relieve Buyer (i) of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 or 3, (ii) of its obligations under Article 18, and (iii) of its obligation to apply all amounts as required under Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement).
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by Seller. Except to the extent expressly set forth in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any Affiliate of Seller.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Seven Hills Realty Trust), Master Repurchase Agreement (Tremont Mortgage Trust)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each all Purchased Asset Assets shall pass to Buyer on the related applicable Purchase Date, and Buyer shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating hypothecating, or rehypothecating the Purchased Assets, but no such transaction shall relieve Buyer of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 of this Agreement or of its Buyer’s obligation to credit or pay Income to, or apply all amounts as required under Income to the obligations of, Seller pursuant to Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement5 hereof.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by Seller. Except Notwithstanding anything to the extent expressly set forth contrary in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any an Affiliate of Seller.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Capital Trust Inc), Master Repurchase Agreement (Northstar Realty)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each Purchased Asset shall pass to Buyer on the related Purchase Date, and Buyer shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating or rehypothecating the Purchased Assets, all on terms that Buyer may determine in its sole discretion, but no such transaction shall relieve Buyer (i) of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 or (ii) of its obligation to apply all amounts as required under Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement).
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by Seller. Except to the extent expressly set forth in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any Affiliate of Seller.
Appears in 2 contracts
Samples: Master Repurchase Agreement, Master Repurchase Agreement (Colony NorthStar Credit Real Estate, Inc.)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each all Purchased Asset Assets shall pass to Buyer on the related applicable Purchase Date, and Buyer shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating hypothecating, or rehypothecating the Purchased Assets, but no such transaction shall relieve Buyer of its obligations to transfer the same Purchased Assets to Seller Sellers pursuant to Article 3 of this Agreement or of its Buyer’s obligation to credit or pay Income to, or apply all amounts as required under Income to the obligations of, Sellers pursuant to Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement5 hereof.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by a Seller. Except Notwithstanding anything to the extent expressly set forth contrary in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of a Seller or any an Affiliate of a Seller.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Capital Trust Inc), Master Repurchase Agreement (Capital Trust Inc)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) 7.1 Title to each all Purchased Asset Assets shall pass to the Buyer on the related applicable Purchase Date, and the Buyer shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude the Buyer from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating hypothecating, or rehypothecating the Purchased Assets, but no such transaction shall relieve the Buyer of its Buyer's obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 Sections 2 or 11 of this Agreement or of its the Buyer's obligation to credit or pay Income to, or apply all amounts as required under Article 5(f) or otherwise affect Income to the rightsobligations of, obligations and remedies of any party Seller pursuant to this AgreementSection 4 hereof.
(b) 7.2 Nothing contained in this Agreement or any other Transaction Document shall obligate the Buyer to segregate any Purchased Assets Asset delivered to the Buyer by Seller. Except Notwithstanding anything to the extent expressly set forth contrary in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any an Affiliate of Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (CBRE Realty Finance Inc)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each Purchased Asset Assets shall pass to Buyer Purchaser on the related Purchase Date, and Buyer Purchaser shall have free and unrestricted use of all each Purchased AssetsAsset, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer Purchaser from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating or rehypothecating the Purchased Assets, but all on terms that Purchaser may determine in its sole and absolute discretion; provided that, so long as no Event of Default has occurred and is continuing as of the time of such transaction, without the prior written consent of Seller (i) Purchaser may not engage in repurchase transactions with, or sell, transfer, pledge, repledge, hypothecate or rehypothecate the Purchased Assets to, any Direct Competitor and (ii) no such transaction shall relieve Buyer Purchaser of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 or of its obligation to apply all amounts as required under Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement3.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer Purchaser to segregate any Purchased Assets Asset delivered to Buyer Purchaser by Seller. Except to the extent expressly set forth in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any Affiliate of Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each all Purchased Asset Items shall pass to Buyer on the related applicable Purchase Date, and Buyer shall have free and unrestricted use of all Purchased AssetsItems, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets Items or otherwise selling, transferring, pledging, repledging, hypothecating hypothecating, or rehypothecating the Purchased AssetsItems on terms and conditions that shall be in Buyer’s discretion, but no such transaction shall relieve Buyer of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 of this Agreement or of its Buyer’s obligation to credit or pay Income to, or apply all amounts as required under Income to the obligations of, Seller pursuant to Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement5 hereof.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by Seller. Except Notwithstanding anything to the extent expressly set forth contrary in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any an Affiliate of Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (ARC Realty Finance Trust, Inc.)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each all Purchased Asset Items shall pass to Buyer on the related applicable Purchase Date, and Buyer shall have free and unrestricted use of all Purchased AssetsItems, subject, however, to the terms of this Agreement. Nothing Subject to the provisions of Article 18, nothing in this Agreement or any other Transaction Document shall preclude Buyer from engaging in repurchase transactions with the Purchased Assets Items or otherwise selling, transferring, pledging, repledging, hypothecating hypothecating, or rehypothecating the Purchased AssetsItems, but and provided that no such transaction shall relieve Buyer of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 of this Agreement or of its Buyer’s obligation to credit or pay Income to, or apply all amounts as required under Income to the obligations of, Seller pursuant to Article 5(f) 5 hereof, or otherwise affect the rights, of Buyer’s obligations and remedies of any party pursuant to this AgreementArticle 18 hereof.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by Seller. Except Notwithstanding anything to the extent expressly set forth contrary in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any an Affiliate of Seller.
Appears in 1 contract
Samples: Master Repurchase and Securities Contract Agreement (TPG RE Finance Trust, Inc.)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each all Purchased Asset Assets shall pass to Buyer Purchaser on the related applicable Purchase Date, and Buyer Purchaser shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer Purchaser from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating or rehypothecating the Purchased Assets, all on terms that Purchaser may determine in its sole discretion, but no such transaction shall relieve Buyer Purchaser of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 or of its obligation to apply all amounts as required under Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer Purchaser to segregate any Purchased Assets delivered to Buyer Purchaser by Seller. Except to the extent expressly set forth in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any Affiliate of Seller.
Appears in 1 contract
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each Purchased Asset shall pass to Buyer on the related Purchase Date, and Buyer Purchaser shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer Purchaser from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating or rehypothecating the Purchased Assets, all on terms that Purchaser may determine in its sole discretion, but no such transaction shall relieve Buyer Purchaser of its obligations to transfer the same Purchased Assets to the applicable Seller pursuant to Article 3 or of its Purchaser’s obligation to credit or pay Income to, or apply all amounts as required under Income to the obligations of, the applicable Seller pursuant to Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement5.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer Purchaser to segregate any Purchased Assets delivered to Buyer Purchaser by any Seller. Except to the extent expressly set forth in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of any Seller or any Affiliate of any Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (Starwood Credit Real Estate Income Trust)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each Purchased Asset Assets shall pass to Buyer Purchaser on the related Purchase Date, and Buyer Purchaser shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer Purchaser from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating or rehypothecating the Purchased Assets, all on terms that Purchaser may determine in its sole discretion, but no such transaction shall (i) relieve Buyer Purchaser of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 or of its obligation to apply all amounts as required under Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement3.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer Purchaser to segregate any Purchased Assets delivered to Buyer Purchaser by Seller. Except to the extent expressly set forth in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any Affiliate of Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (Granite Point Mortgage Trust Inc.)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each Purchased Asset shall pass to Buyer Purchaser on the related Purchase Date, and Buyer Purchaser shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer Purchaser from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating or rehypothecating the Purchased Assets, all on terms that Purchaser may determine in its sole discretion, but no such transaction shall (i) relieve Buyer Purchaser of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 or of its obligation to apply all amounts as required under Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement3.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer Purchaser to segregate any Purchased Assets delivered to Buyer Purchaser by Seller. Except to the extent expressly set forth in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller Counterparties or any Affiliate of Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (Granite Point Mortgage Trust Inc.)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each all Purchased Asset Assets shall pass to Buyer Purchaser on the related applicable Purchase Date, and Buyer Purchaser shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer Purchaser from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating or rehypothecating the Purchased Assets, all on terms that Purchaser may determine in its sole discretion, but no such transaction shall relieve Buyer Purchaser of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 or of its obligation to apply all amounts as required under Article 5(f) or otherwise affect the rights, obligations and remedies of any party to this Agreement3.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer Purchaser to segregate any Purchased Assets delivered to Buyer Purchaser by Seller. Except to the extent expressly set forth in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any Affiliate of Seller.
Appears in 1 contract
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each all Purchased Asset Assets shall pass to Buyer in accordance with this Agreement on the related applicable Purchase Date, and Buyer shall have free and unrestricted use of all Purchased Assets, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer from engaging in repurchase or financing transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating hypothecating, or rehypothecating the Purchased AssetsAssets (subject to the Servicing Agreement, provided that the Servicing Agreement does not contain any restrictions on transfer and pledging), but no such transaction shall relieve Buyer of its obligations to transfer the same Purchased Assets to Seller pursuant to Article Sections 3 of this Agreement or of its Buyer’s obligation to credit or pay Income to, or apply all amounts as required under Article 5(f) or otherwise affect Income to the rightsobligations of, obligations and remedies of any party Seller pursuant to this AgreementSection 5 hereof.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer to segregate any Purchased Assets delivered to Buyer by Seller. Except Notwithstanding anything to the extent expressly set forth contrary in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any an Affiliate of Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (American Mortgage Acceptance Co)
SALE, TRANSFER, HYPOTHECATION OR PLEDGE OF PURCHASED ASSETS. (a) Title to each Purchased Asset Assets shall pass to Buyer Purchaser on the related Purchase Date, and Buyer Purchaser shall have free and unrestricted use of all each Purchased AssetsAsset, subject, however, to the terms of this Agreement. Nothing in this Agreement or any other Transaction Document shall preclude Buyer Purchaser from engaging in repurchase transactions with the Purchased Assets or otherwise selling, transferring, pledging, repledging, hypothecating or rehypothecating the Purchased Assets, all on terms that Purchaser may determine in its sole and absolute discretion, but no such transaction shall relieve Buyer Purchaser of its obligations to transfer the same Purchased Assets to Seller pursuant to Article 3 or of its Purchaser’s obligation to apply all amounts as required under Article credit or pay Net Cash Flow to the obligations of Seller pursuant to Articles 5(e), 5(f) and 5(g) or otherwise affect the rights, of Purchaser’s obligations and remedies of any party to this Agreementin Article 19.
(b) Nothing contained in this Agreement or any other Transaction Document shall obligate Buyer Purchaser to segregate any Purchased Assets Asset delivered to Buyer Purchaser by Seller. Except to the extent expressly set forth in this Agreement or any other Transaction Document, no Purchased Asset shall remain in the custody of Seller or any Affiliate of Seller.
Appears in 1 contract
Samples: Master Repurchase Agreement (Fortress Credit Realty Income Trust)