Common use of Waivers, Separate Actions by Buyer Clause in Contracts

Waivers, Separate Actions by Buyer. Any amendment or waiver effected in accordance with this Article VIII shall be binding upon Buyer and Seller; and Buyer’s failure to insist upon the strict performance of any term, condition or other provision of this Agreement or any of the Program Agreements, or to exercise any right or remedy hereunder or thereunder, shall not constitute a waiver by Buyer of any such term, condition or other provision or Default or Event of Default in connection therewith, nor shall a single or partial exercise of any such right or remedy preclude any other or future exercise, or the exercise of any other right or remedy; and any waiver of any such term, condition or other provision or of any such Default or Event of Default shall not affect or alter this Agreement or any of the Program Agreements, and each and every term, condition and other provision of this Agreement and the Program Agreements shall, in such event, continue in full force and effect and shall be operative with respect to any other then existing or subsequent Default or Event of Default in connection therewith. The occurrence of an Event of Default hereunder or under any of the Program Agreements or the occurrence of an Advance Rate Reduction Event under the Indenture shall be deemed to be continuing unless and until waived in writing by Buyer.

Appears in 5 contracts

Samples: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.)

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Waivers, Separate Actions by Buyer. Any amendment or waiver effected in accordance with this Article VIII VII shall be binding upon Buyer and SellerPledgor; and Buyer’s failure to insist upon the strict performance of any term, condition or other provision of this Agreement Agreement, or any of the Program AgreementsRepurchase Documents, or to exercise any right or remedy hereunder or thereunder, shall not constitute a waiver by Buyer of any such term, condition or other provision or Default Trigger Event, Potential Trigger Event or Event of Default in connection therewith, nor shall a single or partial exercise of any such right or remedy preclude any other or future exercise, or the exercise of any other right or remedy; and any waiver of any such term, condition or other provision or of any such Default Trigger Event, Potential Trigger Event or Event of Default shall not affect or alter this Agreement Agreement, or any of the Program AgreementsRepurchase Documents, and each and every term, condition and other provision of this Agreement Agreement, and the Program Agreements Repurchase Documents shall, in such event, continue in full force and effect and shall be operative with respect to any other then existing or subsequent Default Trigger Event, Potential Trigger Event or Event of Default in connection therewith. The occurrence of A Trigger Event or an Event of Default hereunder or and under any of the Program Agreements or the occurrence of an Advance Rate Reduction Event under the Indenture Repurchase Documents shall be deemed to be continuing unless and until waived in writing by Buyerpursuant to the terms of the Repurchase Documents.

Appears in 4 contracts

Samples: And Pledge Agreement, Subordination, Acknowledgment and Pledge Agreement (PennyMac Mortgage Investment Trust), Subordination, Acknowledgment and Pledge Agreement (PennyMac Mortgage Investment Trust)

Waivers, Separate Actions by Buyer. Any amendment or waiver effected in accordance with this Article VIII shall be binding upon Buyer and Seller; and Buyer’s failure to insist upon the strict performance of any term, condition or other provision of this Agreement or any of the Program Agreements, or to exercise any right or remedy hereunder or thereunder, shall not constitute a waiver by Buyer of any such term, condition or other provision or Default or Event of Default in connection therewith, nor shall a single or partial exercise of any such right or remedy preclude any other or future exercise, or the exercise of any other right or remedy; and any waiver of any such term, condition or other provision or of any such Default or Event of Default shall not affect or alter this Agreement or any of the Program Agreements, and each and every term, condition and other provision of this Agreement and the Program Agreements shall, in such event, continue in full force and effect and shall be operative with respect to any other then existing or subsequent Default or Event of Default in connection therewith. The occurrence of an An Event of Default hereunder or under any of the Program Agreements or the occurrence of an Advance Rate Reduction Event under the Indenture shall be deemed to be continuing unless and until waived in writing by Buyer.

Appears in 3 contracts

Samples: Master Repurchase Agreement (PennyMac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (Pennymac Financial Services, Inc.)

Waivers, Separate Actions by Buyer. Any amendment or waiver effected in accordance with this Article VIII shall be binding upon Buyer and Seller; and Buyer’s failure to insist upon the strict performance of any term, condition or other provision of this Agreement or any of the Program AgreementsPMH Documents, or to exercise any right or remedy hereunder or thereunder, shall not constitute a waiver by Buyer of any such term, condition or other provision or Default or Event of Default in connection therewith, nor shall a single or partial exercise of any such right or remedy preclude any other or future exercise, or the exercise of any other right or remedy; and any waiver of any such term, condition or other provision or of any such Default or Event of Default shall not affect or alter this Agreement or any of the Program AgreementsPMH Documents, and each and every term, condition and other provision of this Agreement and the Program Agreements PMH Documents shall, in such event, continue in full force and effect and shall be operative with respect to any other then existing or subsequent Default or Event of Default in connection therewith. The occurrence of an An Event of Default hereunder or under any of the Program Agreements or the occurrence of an Advance Rate Reduction Event under the Indenture PMH Documents shall be deemed to be continuing unless and until waived in writing by Buyer, as provided in Section 7.02.

Appears in 3 contracts

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Waivers, Separate Actions by Buyer. Any amendment or waiver effected in accordance with this Article VIII shall be binding upon Buyer and Seller; and Buyer’s failure to insist upon the strict performance of any term, condition or other provision of this Agreement or any of the Program Agreements, or to exercise any right or remedy hereunder or thereunder, shall not constitute a waiver by Buyer of any such term, condition or other provision or Default or Event of Default in connection therewith, nor shall a single or partial exercise of any such right or remedy preclude any other or future exercise, or the exercise of any other right or remedy; and any waiver of any such term, condition or other provision or of any such Default or Event of Default shall not affect or alter this Agreement or any of the Program Agreements, and each and every term, condition and other provision of this Agreement and the Program Agreements shall, in such event, continue in full force and effect and shall be operative with respect to any other then existing or subsequent Default or Event of Default in connection therewith. The occurrence of an Event of Default hereunder or under any of the Program Agreements or the occurrence of an Advance Rate Reduction Event under the Indenture shall be deemed to be continuing unless and until cured or waived in writing by Buyer.

Appears in 3 contracts

Samples: Master Repurchase Agreement (AmeriHome, Inc.), Master Repurchase Agreement (AmeriHome, Inc.), Master Repurchase Agreement (AmeriHome, Inc.)

Waivers, Separate Actions by Buyer. Any amendment or waiver effected in accordance with this Article VIII shall be binding upon Buyer and Seller; and Buyer’s failure to insist upon the strict performance of any term, condition or other provision of this Agreement or any of the Program Agreements, or to exercise any right or remedy hereunder or thereunder, shall not constitute a waiver by Buyer of any such term, condition or other provision or Default or Event of Default in connection therewith, nor shall a single or partial exercise of any such right or remedy preclude any other or future exercise, or the exercise of any other right or remedy; and any waiver of any such term, condition or other provision or of any such Default or Event of Default shall not affect or alter this Agreement or any of the Program Agreements, and each and every term, condition and other provision of this Agreement and the Program Agreements shall, in such event, continue in full force and effect and shall be operative with respect to any other then existing or subsequent Default or Event of Default in connection therewith. The occurrence of an An Event of Default hereunder or under any of the Program Agreements or the occurrence of an Advance Rate Reduction Event under the Indenture shall be deemed to be continuing unless and until waived in writing by Buyer, as provided in Section 7.02.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (Pennymac Financial Services, Inc.)

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Waivers, Separate Actions by Buyer. Any amendment or waiver effected in accordance with this Article VIII shall be binding upon Buyer and Seller; and Buyer’s failure to insist upon the strict performance of any term, condition or other provision of this Agreement or any of the Program Agreements, or to exercise any right or remedy hereunder or thereunder, shall not constitute a waiver by Buyer of any such term, condition or other provision or Default or Event of Default in connection therewith, nor shall a single or partial exercise of any such right or remedy preclude any other or future exercise, or the exercise of any other right or remedy; and any waiver of any such term, condition or other provision or of any such Default or Event of Default shall not affect or alter this Agreement or any of the Program Agreements, and each and every term, condition and other provision of this Agreement and the Program Agreements shall, in such event, continue in full force and effect and shall be operative with respect to any other then existing or subsequent Default or Event of Default in connection therewith. The occurrence of an An Event of Default hereunder or under any of the Program Agreements or the occurrence of an Advance Rate Reduction Event under the Indenture shall be deemed to be continuing unless and until cured or waived in writing by Buyer, as provided in Section 7.02.

Appears in 1 contract

Samples: Master Repurchase Agreement (loanDepot, Inc.)

Waivers, Separate Actions by Buyer. Any amendment or waiver effected in accordance with this Article VIII shall be binding upon Buyer and Seller; and Buyer’s failure to insist upon the strict performance of any term, condition or other provision of this Agreement or any of the Program Agreements, or to exercise any right or remedy hereunder or thereunder, shall not constitute a waiver by Buyer of any such term, condition or other provision or Default or Event of Default in connection therewith, nor shall a single or partial exercise of any such right or remedy preclude any other or future exercise, or the exercise of any other right or remedy; and any waiver of any such term, condition or other provision or of any such Default or Event of Default shall not affect or alter this Agreement or any of the Program Agreements, and each and every term, condition and other provision of this Agreement and the Program Agreements shall, in such event, continue in full force and effect and shall be operative with respect to any other then existing or subsequent Default or Event of Default in connection therewith. The occurrence of an An Event of Default hereunder or under any of the Program Agreements or the occurrence of an Advance Rate Reduction Event under the Indenture shall be deemed to be continuing unless and until waived in writing by Buyer., as provided in Section 7.02. ARTICLE IX

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Financial Services, Inc.)

Waivers, Separate Actions by Buyer. Any amendment or waiver effected in accordance with this Article VIII VII shall be binding upon Buyer and SellerPledgor; and Buyer’s failure to insist upon the strict performance of any term, condition or other provision of this Agreement Agreement, or any of the Program AgreementsRepurchase Documents, or to exercise any right or remedy hereunder or thereunder, shall not constitute a waiver by Buyer of any such term, condition or other provision or Default Trigger Event, Potential Trigger Event or Event of Default in connection therewith, nor shall a single or partial exercise of any such right or remedy preclude any other or future exercise, or the exercise of any other right or remedy; and any waiver of any such term, condition or other provision or of any such Default Trigger Event, Potential Trigger Event or Event of Default shall not affect or alter this Agreement Agreement, or any of the Program AgreementsRepurchase Documents, and each and every term, condition and other provision of this Agreement Agreement, and the Program Agreements Repurchase Documents shall, in such event, continue in full force and effect and shall be operative with respect to any other then existing or subsequent Default Trigger Event, Potential Trigger Event or Event of Default in connection therewith. The occurrence of an A Trigger Event or Event of Default hereunder or and under any of the Program Agreements or the occurrence of an Advance Rate Reduction Event under the Indenture Repurchase Documents shall be deemed to be continuing unless and until waived in writing by Buyer, as provided in Section 6.02.

Appears in 1 contract

Samples: Security and Subordination Agreement (PennyMac Mortgage Investment Trust)

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