Common use of The Purchaser Note Clause in Contracts

The Purchaser Note. (a) On the Closing Date, the Purchaser shall deliver to the Seller a promissory note, substantially in the form of Exhibit A, payable to the order of the Seller (such promissory note, as the same has been or hereafter may be amended, supplemented, endorsed or otherwise modified from time to time, together with any promissory note issued from time to time in substitution therefor or renewal thereof in accordance with this Agreement, being herein called the "Purchaser Note"), which Purchaser Note shall, in accordance with its terms, be subordinated to all interests of the Trust, all claims to the cash flows from Trust assets and all obligations of the Purchaser, of any nature, now or hereafter arising under or in connection with the Sale and Servicing Agreement. The Purchaser Note shall evidence all amounts incurred thereunder subsequent to the Closing Date as provided in this Agreement. Subject to the foregoing, the Purchaser Note shall be payable in full on the date which is one year and one day after the Termination Date. The Purchaser Note shall bear interest at the "prime rate" as determined by the Indenture Trustee from time to time in effect. The Purchaser may prepay all or part of the outstanding balance of the Purchaser Note and interest accrued thereon from time to time without any premium or penalty, unless an Event of Default has occurred and is continuing or would result from such prepayment or payment. (b) The Servicer shall hold the Purchaser Note for the benefit of the Seller, and shall make all appropriate recordkeeping entries with respect to the Purchaser Note or otherwise to reflect the payments on and adjustments of the Purchaser Note. The Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on the Purchaser Note at any time. The Seller hereby irrevocably authorizes the Servicer to xxxx the Purchaser Note "CANCELLED" and to return the Purchaser Note to the Purchaser upon the full and final payment thereof after the Termination Date. (c) The Seller hereby agrees not to transfer, assign, exchange or otherwise convey or pledge, hypothecate or otherwise grant a security interest in the Purchaser Note or any interest represented thereby, and any attempt to transfer, assign, exchange, convey, pledge, hypothecate or grant a security interest in the Purchaser Note or any interest represented thereby shall be void and of no effect.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Greenpoint Mortgage Securities Inc/), Mortgage Loan Purchase Agreement (Greenpoint Mortgage Securities Inc/)

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The Purchaser Note. (a) On the Closing Date, the Purchaser shall deliver to the Seller a promissory note, substantially in the form of Exhibit A, payable to the order of the Seller (such promissory note, as the same has been or hereafter may be amended, supplemented, endorsed or otherwise modified from time to time, together with any promissory note issued from time to time in substitution therefor or renewal thereof in accordance with this Agreement, being herein called the "Purchaser Note"), which Purchaser Note shall, in accordance with its terms, be subordinated to all interests of the Trust, all claims to the cash flows from Trust assets and all obligations of the Purchaser, of any nature, now or hereafter arising under or in connection with the Sale and Servicing Agreement. The Purchaser Note shall evidence all amounts incurred outstanding thereunder subsequent to as of the Closing Date in addition to amounts subsequently incurred thereunder as provided in this Agreement. Subject to the foregoing, the Purchaser Note shall be payable in full on the date which is one year and one day after the Termination Date. The Purchaser Note shall bear interest at the "prime rate" as determined by the Indenture Trustee from time to time in effect. The Purchaser may prepay all or part of the outstanding balance of the Purchaser Note and interest accrued thereon from time to time without any premium or penalty, unless an Event of Default has occurred and is continuing or would result from such prepayment or payment. (b) The Servicer shall hold the Purchaser Note for the benefit of the Seller, and shall make all appropriate recordkeeping entries with respect to the Purchaser Note or otherwise to reflect the payments on and adjustments of the Purchaser Note. The Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on the Purchaser Note at any time. The Seller hereby irrevocably authorizes the Servicer to xxxx the Purchaser Note "CANCELLED" and to return the Purchaser Note to the Purchaser upon the full and final payment thereof after the Termination Date. (c) The Seller hereby agrees not to transfer, assign, exchange or otherwise convey or pledge, hypothecate or otherwise grant a security interest in the Purchaser Note or any interest represented thereby, and any attempt to transfer, assign, exchange, convey, pledge, hypothecate or grant a security interest in the Purchaser Note or any interest represented thereby shall be void and of no effect. Notwithstanding anything to the contrary herein, the Seller may pledge the Purchaser Note to secure its obligations under the Master Repurchase Facility between Greenwich Capital Financial Products Inc. and Headlands Mortgage Company.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Headlands Mortgage Securities Inc)

The Purchaser Note. (a) On the Closing Date, the Purchaser shall deliver to the Seller a promissory note, substantially in the form of Exhibit EXHIBIT A, payable to the order of the Seller (such promissory note, as the same has been or hereafter may be amended, supplemented, endorsed or otherwise modified from time to time, together with any promissory note issued from time to time in substitution therefor or renewal thereof in accordance with this Agreement, being herein called the "Purchaser NotePURCHASER NOTE"), which Purchaser Note shall, in accordance with its terms, be subordinated to all interests of the Trust, all claims to the cash flows from Trust assets and all obligations of the Purchaser, of any nature, now or hereafter arising under or in connection with the Sale and Servicing Agreement. The Purchaser Note shall evidence all amounts incurred thereunder subsequent to the Closing Date as provided in this Agreement. Subject to the foregoing, the Purchaser Note shall be payable in full on the date which is one year and one day after the Termination Date. The Purchaser Note shall bear interest at the "prime rate" as determined by the Indenture Trustee from time to time in effect. The Purchaser may prepay all or part of the outstanding balance of the Purchaser Note and interest accrued thereon from time to time without any premium or penalty, unless an Event of Default has occurred and is continuing or would result from such prepayment or payment. (b) The Servicer shall hold the Purchaser Note for the benefit of the Seller, and shall make all appropriate recordkeeping entries with respect to the Purchaser Note or otherwise to reflect the payments on and adjustments of the Purchaser Note. The Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on the Purchaser Note at any time. The Seller hereby irrevocably authorizes the Servicer to xxxx mark the Purchaser Note "CANCELLED" and to return the Purchaser Note to the tx xxe Purchaser upon the full and final payment thereof after the Termination Date. (c) The Seller hereby agrees not to transfer, assign, exchange or otherwise convey or pledge, hypothecate or otherwise grant a security interest in the Purchaser Note or any interest represented thereby, and any attempt to transfer, assign, exchange, convey, pledge, hypothecate or grant a security interest in the Purchaser Note or any interest represented thereby shall be void and of no effect.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Greenpoint Mortgage Securities Inc/)

The Purchaser Note. (a) On the Closing Date, the Purchaser shall deliver to the Seller a promissory note, substantially in the form of Exhibit A, payable to the order of the Seller (such promissory note, as the same has been or hereafter may be amended, supplemented, endorsed or otherwise modified from time to time, together with any promissory note issued from time to time in substitution therefor or renewal thereof in accordance with this Agreement, being herein called the "Purchaser Note"), which Purchaser Note shall, in accordance with its terms, be subordinated to all interests of the Trust, all claims to the cash flows from Trust assets and all obligations of the Purchaser, of any nature, now or hereafter arising under or in connection with the Sale and Servicing Agreement. The Purchaser Note shall evidence all amounts incurred outstanding thereunder subsequent to as of the Closing Date in addition to amounts subsequently incurred thereunder as provided in this Agreement. Subject to the foregoing, the Purchaser Note shall be payable in full on the date which is one year and one day after the Termination Date. The Purchaser Note shall bear interest at the "prime rate" as determined by the Indenture Trustee from time to time in effect. The Purchaser may prepay all or part of the outstanding balance of the Purchaser Note and interest accrued thereon from time to time without any premium or penalty, unless an Event of Default has occurred and is continuing or would result from such prepayment or payment. (b) The Servicer shall hold the Purchaser Note for the benefit of the Seller, and shall make all appropriate recordkeeping entries with respect to the Purchaser Note or otherwise to reflect the payments on and adjustments of the Purchaser Note. The Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on the Purchaser Note at any time. The Seller hereby irrevocably authorizes the Servicer to xxxx the Purchaser Note "CANCELLED" and to return the Purchaser Note to the Purchaser upon the full and final payment thereof after the Termination Date. (c) The Seller hereby agrees not to transfer, assign, exchange or otherwise convey or pledge, hypothecate or otherwise grant a security interest in the Purchaser Note or any interest represented thereby, and any attempt to transfer, assign, exchange, convey, pledge, hypothecate or grant a security interest in the Purchaser Note or any interest represented thereby shall be void and of no effect.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Greenpoint Mortgage Securities Inc/)

The Purchaser Note. (a) On the Closing Date, the Purchaser shall deliver to the Seller a promissory note, substantially in the form of Exhibit A, payable to the order of the Seller (such promissory note, as the same has been or hereafter may be amended, supplemented, endorsed or otherwise modified from time to time, together with any promissory note issued from time to time in substitution therefor or renewal thereof in accordance with this Agreement, being herein called the "Purchaser Note"), which Purchaser Note shall, in accordance with its terms, be subordinated to all interests of the Trust, all claims to the cash flows from Trust assets and all obligations of the Purchaser, of any nature, now or hereafter arising under or in connection with the Sale and Servicing Agreement. The Purchaser Note shall evidence all amounts incurred outstanding thereunder subsequent to as of the Closing Date in addition to amounts subsequently incurred thereunder as provided in this Agreement. Subject to the foregoing, the Purchaser Note shall be payable in full on the date which is one year and one day after the Termination Date. The Purchaser Note shall bear interest at the "prime rate" as determined by the Indenture Trustee from time to time in effect. The Purchaser may prepay all or part of the outstanding balance of the Purchaser Note and interest accrued thereon from time to time without any premium or penalty, unless an Event of Default has occurred and is continuing or would result from such prepayment or payment. (b) The Servicer shall hold the Purchaser Note for the benefit of the Seller, and shall make all appropriate recordkeeping entries with respect to the Purchaser Note or otherwise to reflect the payments on and adjustments of the Purchaser Note. The Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on the Purchaser Note at any time. The Seller hereby irrevocably authorizes the Servicer to xxxx mark the Purchaser Note "CANCELLED" and to return the Purchaser Note to the Purchaser upon the full and final payment thereof after the Termination Date. (c) The Seller hereby agrees not to transfer, assign, exchange or otherwise convey or pledge, hypothecate or otherwise grant a security interest in the Purchaser Note or any interest represented thereby, and any attempt to transfer, assign, exchange, convey, pledge, hypothecate or grant a security interest in the Purchaser Note or any interest represented thereby shall be void and of no effect.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Greenpoint Mortgage Securities Inc/)

The Purchaser Note. (a) On the Closing Date, the ------------------ Purchaser shall deliver to the Seller a promissory note, substantially in the form of Exhibit AB, payable to the order of the Seller (such promissory note, --------- as the same has been or hereafter may be amended, supplemented, endorsed or otherwise modified from time to time, together with any promissory note issued from time to time in substitution therefor or renewal thereof in accordance with this Agreement, being herein called the "Purchaser Note"), which -------------- Purchaser Note shall, in accordance with its terms, be subordinated to all interests of the Trust, all claims to the cash flows from Trust assets and all obligations of the Purchaser, of any nature, now or hereafter arising under or in connection with the Sale and Servicing Agreement. The Purchaser Note shall evidence all amounts incurred outstanding thereunder subsequent to as of the Closing Date in addition to amounts subsequently incurred thereunder as provided in this Agreement. Subject to the foregoing, the Purchaser Note shall be payable in full on the date which is one year and one day after the Termination Date. The Purchaser Note shall bear interest at the "prime rate" as determined by the Indenture Trustee from time to time in effect. The Purchaser may prepay all or part of the outstanding balance of the Purchaser Note and interest accrued thereon from time to time without any premium or penalty, unless an a Rapid Amortization Event of Default has occurred and is continuing or would result from such prepayment or payment. (b) The Servicer shall hold the Purchaser Note for the benefit of the Seller, and shall make all appropriate recordkeeping entries with respect to the Purchaser Note or otherwise to reflect the payments on and adjustments of the Purchaser Note. The Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on the Purchaser Note at any time. The Seller hereby irrevocably authorizes the Servicer to xxxx the Purchaser Note "CANCELLED" and to return the Purchaser Note to the Purchaser upon the full and final payment thereof after the Termination Date. (c) The Seller hereby agrees not to transfer, assign, exchange or otherwise convey or pledge, hypothecate or otherwise grant a security interest in the Purchaser Note or any interest represented thereby, and any attempt to transfer, assign, exchange, convey, pledge, hypothecate or grant a security interest in the Purchaser Note or any interest represented thereby shall be void and of no effect. Notwithstanding anything to the contrary herein, the Seller may pledge the Purchaser Note to secure its obligations under the Master Repurchase Facility between Greenwich Capital Financial Products Inc. and Headlands Mortgage Company.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Headlands Mortgage Securities Inc)

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The Purchaser Note. (a) On the Closing Date, the Purchaser Company shall deliver to AmREIT as part of the Seller Purchase Price a promissory note, substantially in the form of Exhibit A, payable to the order of the Seller AmREIT (such promissory note, as the same has been or hereafter may be amended, supplemented, endorsed or otherwise modified from time to time, together with any promissory note issued from time to time in substitution therefor or renewal thereof in accordance with this Agreement, being herein hereinafter called the "Purchaser Note"), which Purchaser Note shall, in accordance with its terms, be subordinated to all interests of the TrustTrust Estate, all claims to the cash flows from Trust Estate assets and all obligations of the PurchaserCompany for the benefit of Bondholders, of any nature, now or hereafter arising under or in connection with the Sale and Servicing Agreement. The Purchaser Note shall evidence all amounts incurred thereunder subsequent to the Closing Date as provided in this Agreement. Subject to the foregoing, the Purchaser Note shall be payable in full on the date which is one year and one day after the Termination Date. The Purchaser Note shall bear interest at the "prime rate" as determined by the Indenture Trustee from time to time in effect. The Purchaser may prepay all or part of the outstanding balance of the Purchaser Note and interest accrued thereon from time to time without any premium or penalty, unless an Event of Default has occurred and is continuing or would result from such prepayment or payment. (b) The Servicer AmREIT shall hold the Purchaser Note for the benefit of the Seller, and shall make all appropriate recordkeeping entries with respect to the Purchaser Note or otherwise to reflect the payments on and adjustments an adjustment of the Purchaser Note. The ServicerAmREIT's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on the Purchaser Note at any time. The Seller AmREIT hereby irrevocably authorizes the Servicer agrees to xxxx the Purchaser Note "CANCELLED" and to return the Purchaser Note to the Purchaser Company upon the full and final payment thereof after the Termination Date. (c) The Seller hereby agrees not to transfer, assign, exchange or otherwise convey or pledge, hypothecate or otherwise grant a security interest in the Purchaser Note or any interest represented thereby, and any attempt to transfer, assign, exchange, convey, pledge, hypothecate or grant a security interest in the Purchaser Note or any interest represented thereby shall be void and of no effect.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (American Residential Eagle Inc)

The Purchaser Note. (a) On the Closing Date, the Purchaser shall deliver to the Seller a promissory note, substantially in the form of Exhibit EXHIBIT A, payable to the order of the Seller (such promissory note, as the same has been or hereafter may be amended, supplemented, endorsed or otherwise modified from time to time, together with any promissory note issued from time to time in substitution therefor or renewal thereof in accordance with this Agreement, being herein called the "Purchaser NotePURCHASER NOTE"), which Purchaser Note shall, in accordance with its terms, be subordinated to all interests of the Trust, all claims to the cash flows from Trust assets and all obligations of the Purchaser, of any nature, now or hereafter arising under or in connection with the Sale and Servicing Agreement. The Purchaser Note shall evidence all amounts incurred thereunder subsequent to the Closing Date as provided in this Agreement. Subject to the foregoing, the Purchaser Note shall be payable in full on the date which is one year and one day after the Termination Date. The Purchaser Note shall bear interest at the "prime rate" as determined by the Indenture Trustee from time to time in effect. The Purchaser may prepay all or part of the outstanding balance of the Purchaser Note and interest accrued thereon from time to time without any premium or penalty, unless an Event of Default has occurred and is continuing or would result from such prepayment or payment. (b) The Servicer shall hold the Purchaser Note for the benefit of the Seller, and shall make all appropriate recordkeeping entries with respect to the Purchaser Note or otherwise to reflect the payments on and adjustments of the Purchaser Note. The Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on the Purchaser Note at any time. The Seller hereby irrevocably authorizes the Servicer to xxxx the Purchaser Note "CANCELLED" and to return the Purchaser Note to the Purchaser upon the full and final payment thereof after the Termination Date. (c) The Seller hereby agrees not to transfer, assign, exchange or otherwise convey or pledge, hypothecate or otherwise grant a security interest in the Purchaser Note or any interest represented thereby, and any attempt to transfer, assign, exchange, convey, pledge, hypothecate or grant a security interest in the Purchaser Note or any interest represented thereby shall be void and of no effect.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Greenpoint Mortgage Securities Inc/)

The Purchaser Note. (a) On the Closing Date, the Purchaser shall deliver to the Seller a promissory note, substantially in the form of Exhibit A, payable to the order of the Seller (such promissory note, as the same has been or hereafter may be amended, supplemented, endorsed or otherwise modified from time to time, together with any promissory note issued from time to time in substitution therefor or renewal thereof in accordance with this Agreement, being herein called the "Purchaser Note"), which Purchaser Note shall, in accordance with its terms, be subordinated to all interests of the Trust, all claims to the cash flows from Trust assets and all obligations of the Purchaser, of any nature, now or hereafter arising under or in connection with the Sale and Servicing Agreement. The Purchaser Note shall evidence all amounts incurred outstanding thereunder subsequent to as of the Closing Date in addition to amounts subsequently incurred thereunder as provided in this Agreement. Subject to the foregoing, the Purchaser Note shall be payable in full on the date which is one year and one day after the Termination Date. The Purchaser Note shall bear interest at the "prime rate" as determined by the Indenture Trustee from time to time in effect. The Purchaser may prepay all or part of the outstanding balance of the Purchaser Note and interest accrued thereon from time to time without any premium or penalty, unless an Event of Default has occurred and is continuing or would result from such prepayment or payment. (b) The Servicer shall hold the Purchaser Note for the benefit of the Seller, and shall make all appropriate recordkeeping entries with respect to the Purchaser Note or otherwise to reflect the payments on and adjustments of the Purchaser Note. The Servicer's books and records shall constitute rebuttable presumptive evidence of the principal amount of and accrued interest on the Purchaser Note at any time. The Seller hereby irrevocably authorizes the Servicer to xxxx the Purchaser Note "CANCELLED" and to return the Purchaser Note to the Purchaser upon the full and final payment thereof after the Termination Date. (c) The Seller hereby agrees not to transfer, assign, exchange or otherwise convey or pledge, hypothecate or otherwise grant a security interest in the Purchaser Note or any interest represented thereby, and any attempt to transfer, assign, exchange, convey, pledge, hypothecate or grant a security interest in the Purchaser Note or any interest represented thereby shall be void and of no effect.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Greenpoint Home Equity Loan Trust 1999 2)

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