Custodial and Disbursement Agreement definition

Custodial and Disbursement Agreement means the Custodial and Disbursement Agreement, dated as of the date hereof, between the Seller, Buyer, Disbursement Agent and Custodian as the same shall be amended, restated, supplemented or otherwise modified and in effect from time to time.

Custodial and Disbursement Agreement means that certain Custodial and Disbursement Agreement, dated as of August 14, 2020, among Seller, Purchaser, Disbursement Agent and Custodian, entered into in connection with this Agreement, as the same may be amended, modified or supplemented from time to time.

Custodial and Disbursement Agreement means that certain Custodial and Disbursement Agreement, dated as of May 10, 2002, as amended by that certain amendment and joinder to Custodial and Disbursement Agreement, dated as of September 10, 2004, each by and among Buyer, NCCC, NCRC, NCMC, Disbursement Agent and Custodian, as the same shall be modified and supplemented and in effect from time to time.

Examples of Custodial and Disbursement Agreement in a sentence

• Terms otherwise not defined herein shall have the meanings assigned thereto in the Custodial and Disbursement Agreement.

• Seller will not cause or authorize any such papers, records or files that are an original or an only copy to leave Custodian’s possession, except for individual items removed in connection with servicing a specific Mortgage Loan, in which event Seller will obtain or cause to be obtained a receipt from the Custodian for any such paper, record or file, or as otherwise permitted under the Custodial and Disbursement Agreement.

• Seller shall maintain each of the Custodial and Disbursement Agreement and Account Agreement in full force and effect and shall not amend or modify either of the Custodial and Disbursement Agreement or the Account Agreement or waive compliance with any provisions thereunder without the prior written consent of Buyer.

• Seller shall, within five (5) Business Days of the earlier of Seller’s discovery or receipt of notice with respect to any Purchased Asset of (i) any breach of a representation or warranty contained in Exhibit B of this Agreement or (ii) any failure to deliver any of the items required to be delivered as part of the Mortgage File within the time period required for delivery pursuant to the Custodial and Disbursement Agreement, promptly cure such breach or delivery failure in all material respects.

• Seller is, or an agent of Seller is, in possession of a complete, true and materially accurate Mortgage File in compliance with the Custodial and Disbursement Agreement, except for such documents the originals of which have been delivered to the Custodian and except as otherwise provided in the Custodial and Disbursement Agreement.

More Definitions of Custodial and Disbursement Agreement

Custodial and Disbursement Agreement means the Custodial and Disbursement Agreement, dated as of the date hereof, between the Seller, Buyer, Custodian and Disbursement Agent as the same shall be amended, restated, supplemented or otherwise modified and in effect from time to time.

Custodial and Disbursement Agreement means that certain custodial and disbursement agreement, dated as of June 30, 2004, as amended by the Amendment and Joinder to Custodial and Disbursement Agreement, dated as of February 18, 2005, and the Second Amendment and Joinder to Custodial and Disbursement Agreement, dated as of May 12, 2006, by and among Buyer, Encore, ECC, Bravo, ConquistAmerica, Disbursement Agent and Custodian, as the same shall be modified and supplemented and in effect from time to time.

Custodial and Disbursement Agreement. The Amended and Restated Custodial and Disbursement Agreement, dated as of the Effective Date, by and among Buyer, Guarantor, Seller, Disbursement Agent and Custodian with respect to this Agreement, as the same shall be modified and supplemented and in effect from time to time.

Custodial and Disbursement Agreement means, that certain Custodial and Disbursement Agreement dated as of the date hereof, among Seller, Buyer, Custodian and Disbursement Agent, as may be amended, restated, supplemented and otherwise modified from time to time. “Custodian” shall mean Deutsche Bank National Trust Company, and any successor thereto under the Custodial and Disbursement Agreement. “Cut-off Date” shall mean, with respect to Pooled Mortgage Loans, the first calendar day of the month in which the related Settlement Date is to occur. “Cut-off Date Principal Balance” shall mean, with respect to Pooled Mortgage Loans, the outstanding principal balance of such Pooled Mortgage Loans on the Cut-off Date after giving effect to payments of principal and interest due on or prior to the Cut-off Date whether or not such payments are received. 8

Custodial and Disbursement Agreement means that certain Amended and Restated Custodial and Disbursement Agreement, dated as of April 24, 2013, among Green Tree Servicing LLC, Barclays, Custodian and Disbursement Agent and joined by Ditech Mortgage Corp. pursuant to that certain Omnibus Joinder Agreement to Amended and Restated Custodial and Disbursement Agreement and Account Control Agreement, dated February 28, 2014, entered into in connection with this Agreement and the Mortgage Loan Participation Purchase and Sale Agreement, as the same may be further amended, modified or supplemented from time to time.

Custodial and Disbursement Agreement means that certain Custodial and Disbursement Agreement, dated as of August 25, 2020, among Seller, Purchaser, Agent, Disbursement Agent and Custodian, entered into in connection with this Agreement and the Mortgage Loan Participation Purchase and Sale Agreement, as the same may be amended, modified or supplemented from time to time. “Custodian” means Deutsche Bank National Trust Company, and its successors and permitted assigns, or such other entity as mutually agreed upon by Agent and Seller.15 “Daily Compounded SOFR” means, for any day, SOFR, with interest accruing on a compounded daily basis, with the methodology and conventions for this rate (which will include compounding in arrears with a lookback) being established by the Agent in accordance with a methodology and the conventions for this rate selected or recommended by the Relevant Governmental Body for determining "Daily Compounded SOFR" for syndicated or bilateral business loans; provided that, if the Agent decides that any such 15 The definition of “Daily Compounded SOFR” was amended by Amendment No. 1, dated as of September 24, 2021; and was deleted by Amendment No. 2, dated as of April 28, 2022.

Custodial and Disbursement Agreement means that certain Custodial and Disbursement Agreement, dated as of May 10, 2002, as amended by that certain Amendment and Joinder to Custodial and Disbursement Agreement, dated as of September 10, 2004, by and among Buyer, NCCC, NCRC, NCMC, Disbursement Agent and Custodian, that certain Second Amendment and Joinder to Custodial and Disbursement Agreement, dated as of September 29, 2004, by and among Buyer, NCCC, NCRC, NCMC, New Century, Disbursement Agent and Custodian, and that certain Third Amendment and Joinder to Custodial and Disbursement Agreement, dated as of October 11, 2005, by and among Buyer, NCCC, NCRC, NCMC, New Century, Home123, Disbursement Agent and Custodian, as the same shall be modified and supplemented and in effect from time to time.