Trade Assignments. Seller hereby assigns to Purchaser, free of any security interest, lien, claim or encumbrance of any kind, Seller's rights, under each Takeout Commitment as to which Takeout Investor has consented to assignment, to deliver the Mortgage Loan(s) specified therein to the related Takeout Investor and to receive the Takeout Proceeds therefor from such Takeout Investor. Purchaser shall not be deemed to have accepted any Trade Assignment unless and until it purchases the related Mortgage Loans, and nothing set forth herein shall be deemed to impair Purchaser's right to reject any Mortgage Loan for any reason, in its sole discretion.
Trade Assignments. With respect to any Purchased Loan or Security subject to a Takeout Commitment, upon request by Buyer, Seller shall deliver to Buyer as soon as possible but no more than one (1) Business Day following the date on which Seller enters into a Takeout Commitment for such Purchased Loan or Security, a duly executed Trade Assignment together with a copy of the Takeout Commitment. (aa) Reserved.
Trade Assignments. (i) With respect to Early Purchase Program Loans subject to any Transaction, Seller shall deliver to Buyer no later than the Conversion Date, a duly executed Trade Assignment together with a copy of the Takeout Commitment with respect to the Related Security.
(ii) With respect to Agency Takeout Loans and Third Party Takeout Loans subject to any Transaction, Seller shall deliver to Buyer as soon as possible but no more than one (1) Business Day following the date on which Seller enters into a Takeout Commitment for such Loans, a duly executed Trade Assignment together with a copy of the Takeout Commitment with respect to such Loans.
Trade Assignments. With respect to Early Purchase Program Loans subject to any Transaction, Seller shall deliver to Buyer on the Conversion Date or as soon as possible thereafter, a duly executed Trade Assignment with respect to the Related Security.
Trade Assignments. Seller hereby assigns to Purchaser, free of any security interest, lien, claim or encumbrance of any kind, Seller's rights, under each Takeout Commitment to deliver the Mortgage Loan(s) specified therein to the related Takeout Investor and to receive the Takeout Proceeds therefor from such Takeout Investor. Purchaser shall not be deemed to have accepted any Trade Assignment unless and until it purchases the related Mortgage Loans, and nothing set forth herein shall be deemed to impair Purchaser's right to reject any Mortgage Loan for any reason, in its sole discretion.
Trade Assignments. Should any Union disagree with the ODOT Contractor’s or attending Subcontractor’s proposed assignment for the Trade work at the CWA Pre-Job Conference, it remains the full responsibility of the Contractor to select the prevailing wage and Trade assignment that the Contractor believes is appropriate, consistent with the Jurisdictional Plan. However, the Contractor shall have the remaining week prior to submitting the Final Trade Assignment (Attachment D) and prior to the start of work on the site to consider the information provided and to determine if the Contractor wishes to modify their intended assignment. Contractor shall participate in a makeup meeting if requested by one of the Unions. Prior to submitting a Final Trade Assignment, the applicable Contractor shall confer with any Union challenging the initial Trade assignments.
7.1. The ODOT Contractor and each Subcontractor shall file a Final Trade Assignment prior to starting work. A Union challenging a Contractor’s Final Trade Assignment shall be resolved pursuant to Article 18 (Settlement of Jurisdictional Disputes).
Trade Assignments. (i) [Reserved].
(ii) With respect to Loans subject to any Transaction, Seller shall deliver to Buyer as soon as possible but no more than one (1) Business Day following the date on which Seller enters into a Takeout Commitment for such Loans, a duly executed Trade Assignment together with a copy of the Takeout Commitment with respect to such Loans.
Trade Assignments. Each related Seller hereby assigns to each related Purchaser, free of any security interest, lien, claim or encumbrance of any kind, such Seller's rights, under each Takeout Commitment, to deliver the Mortgage Loan(s) specified therein to the related Takeout Investor and to receive the Takeout Proceeds therefor from such Takeout Investor. No Purchaser shall be deemed to have accepted any Trade Assignment unless and until it purchases the related Mortgage Loans, and nothing set forth herein shall be deemed to impair such Purchaser's right to reject any Mortgage Loan for any reason, in its sole discretion.
Trade Assignments. To the extent Purchaser (i) elects to accept any Trade Assignment and (ii) pay the Discount to the related Seller in accordance therewith, the related Seller hereby assigns to Purchaser, free of any security interest, lien, claim or encumbrance of any kind, the related Seller's rights, under each Takeout Commitment or Hedge Trade to deliver the Mortgage Loan(s) specified therein to the related Takeout Investor or counter-party and to receive the Takeout Proceeds therefor from such Takeout Investor or amounts owed under the Hedge Trade, as applicable. Purchaser shall not be deemed to have accepted any Trade Assignment unless and until it purchases the related Mortgage Loans, and nothing set forth herein shall be deemed to impair Purchaser's right to reject any Mortgage Loan for any reason, in its sole discretion.
7. In connection with the execution of this First Amendment, each of Purchaser and Sellers represent and warrant as follows:
(i) It is duly organized and existing under the laws of the jurisdiction of its organization with full power and authority to execute and deliver this First Amendment and to perform all of the duties and obligations to be performed by it hereunder;
(ii) This First Amendment and the performance of all transactions contemplated hereunder have been duly authorized, executed and delivered in accordance with all requisite corporate action, and this First Amendment constitutes a valid, legal and binding obligation enforceable in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors' rights generally; and
(iii) The execution, delivery and performance of this First Amendment and the transactions contemplated hereunder will not violate any agreement by which it is bound or by which any of its assets are affected, or its charter, or by-laws, or any statute, regulation, rule, order or judgment applicable to it.
8. This First Amendment shall become effective as of the date hereof upon execution by the parties hereto. From and after the execution hereof, reference to this First Amendment need not be made in the P&S Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the P&S Agreement, any reference in any of such items to the Agreement being sufficient to refer to the P&S Agreement as amended hereby. Except as amended...
Trade Assignments. Seller hereby assigns to Purchaser, Seller's rights, under each Takeout Commitment relating to each Mortgage Pool purchased by Purchaser hereunder and to the Takeout Proceeds related thereto. With respect to each Trade Assignment, Seller represents and warrants to Purchaser that:
(a) the rights and obligations under the related Takeout Commitment are (1) valid and binding obligations of the parties thereto enforceable in accordance with their terms, (2) in full force and effect and (3) not subject to any pledge, lien, assignment or other encumbrance, or to any right of any party other than Seller to deliver the Mortgage Pool or against payment therefore;
(b) the applicable Takeout Investor has consented to the Trade Assignment; and
(c) all written and oral information regarding the related Takeout Commitment provided by Seller to Purchaser is true and correct in all material respects. Purchaser shall not be deemed to have accepted any Trade Assignment unless and until it purchases the related Mortgage Loans, and nothing set forth herein shall be deemed to impair Purchaser's right to reject any Mortgage Loan for any reason, in its sole and absolute discretion.
