Initiation; Confirmation; Termination. (a) An agreement to enter into a Transaction may be made orally or in writing at the initiation of either Buyer or Seller. On the Purchase Date for the Transaction, the Purchased Securities shall be transferred to Buyer or its agent against the transfer of the Purchase Price to an account of Seller.
Initiation; Confirmation; Termination. Notwithstanding anything to the contrary in Paragraph 3 of the SIFMA Master, the following shall apply:
Initiation; Confirmation; Termination. 5.1 A Transaction may be initiated by either the Client or the Dealer pursuant to this Master Retail Repurchase Agreement. On the Purchase Date for each Transaction, the Underlying Securities shall be transferred to Trustee (for the benefit of the Client) or its agent against the transfer of the Purchase Price to the Dealer’s Proprietary Account.
Initiation; Confirmation; Termination. FEES (a) Seller may from time to time request that Buyer enter into a Transaction with respect to one or more New Assets by submitting a Preliminary Due Diligence Package for Buyer’s review and approval, which approval shall be in Buyer’s sole discretion. Notwithstanding anything to the contrary herein, Buyer shall have no obligation to consider for purchase any New Asset if, immediately after the purchase of such New Asset, the Aggregate Repurchase Price would exceed the Facility Amount. Buyer and its representatives shall have the right to review all New Assets proposed to be sold to Buyer in any Transaction and to conduct its own due diligence investigation of such New Assets as Buyer determines is necessary in Buyer’s sole discretion. Notwithstanding any provision to the contrary herein or in any other Transaction Document, Buyer shall be entitled to determine, in its sole discretion, whether a New Asset qualifies as an Eligible Asset or whether to reject any New Asset proposed to be sold to Buyer by Seller, and the Buyer shall have no obligation to enter into any Transactions, which Transactions shall be entered into in the sole discretion of the Buyer. (b) Upon Xxxxx’s receipt of a Preliminary Due Diligence Package, Buyer shall have the right to request a Supplemental Due Diligence Package to evaluate the proposed Transaction. Upon Buyer’s receipt or waiver of such Supplemental Due Diligence Package, Buyer shall, in its sole discretion, within five (5) Business Days, either (i) notify Seller of its intent to proceed with the Transaction together with its determination of the Purchase Price and the Market Value for the related New Asset (such notice, a “Preliminary Approval”) or (ii) deny Seller’s request. Xxxxx’s failure to respond to Seller within five (5)
Initiation; Confirmation; Termination. (a) Each Transaction shall be identified at the time it is entered into and in the Confirmation relating to it as either a Repurchase Transaction or a Buy/Sell Back Transaction.
Initiation; Confirmation; Termination. (a) A Transaction may be entered into orally or in writing at the initiation of either Buyer or Seller. Deutsche Bank@
Initiation; Confirmation; Termination. An agreement to enter into a Transaction may be made orally or in writing at the initiation of either Buyer or Seller. On the Purchase Date for the Transaction, the Purchased Securities shall be segregated on the books and records of Bank as held for the benefit of Buyer against the transfer of the Purchase Price to an Account of Seller. Upon agreeing to enter into a Transaction hereunder, Seller shall promptly deliver to Buyer a written confirmation of each Transaction (a “Confirmation”). The Confirmation shall describe the Purchased Securities (including CUSIP number, if any), identify Buyer and Seller and set forth (i) the Purchase Date, (ii) the Purchase Price, (iii) the Repurchase Date, (iv)the Pricing Rate or Repurchase Price applicable to the Transaction, and (v) any additional terms or conditions of the Transaction not inconsistent with these Service Terms & Conditions. The Confirmation, together with these Service Terms & Conditions, shall constitute conclusive evidence of the terms agreed between Buyer and Seller with respect to the Transaction to which the Confirmation relates, unless with respect to the Confirmation specific objection is made promptly after receipt thereof. In the event of any conflict between the terms of such Confirmation and these Service Terms & Conditions, these Service Terms & Conditions shall prevail.
Initiation; Confirmation; Termination. The provisions of Paragraph 3(a) and (b) of the Base Agreement are hereby deleted and replaced in their respective entireties by the following provisions:
Initiation; Confirmation; Termination. (a) A Transaction may be entered into orally or in writing at the initiation of either Buyer or Seller. (b) Upon agreeing to enter into a Transaction hereunder, Buyer or Seller (or both), as shall be agreed, shall promptly deliver to the other party a written confirmation of such Transaction (a "CONFIRMATION"). The Confirmation shall describe the Purchased Securities (including CUSIP or CINS or other identifying number, if any), identify Buyer and Seller and set forth (i) the Purchase Date, (ii) the Purchase Price, (iii) the Repurchase Date, unless the Transaction is to be terminable on demand (in which case the Confirmation will say that it is so terminable), (iv) the Pricing Rate applicable to the Transaction, (v) in respect of each party the details of the bank account[s] to which payments to be made hereunder are to be credited, and (vi) any additional terms or conditions of the Transaction not inconsistent with this Agreement and shall be substantially in the form of Annex II hereto or such other form as the parties may agree. The Confirmation relating to a Transaction shall, together with this Agreement, constitute prima facie evidence of the terms agreed between Buyer and Seller for that Transaction, unless specific objection is made with respect to the Confirmation promptly after receipt thereof. In the event of any conflict between the terms of such Confirmation and this Agreement, this Agreement shall prevail except in the case of those provisions in relation to which the Agreement specifically states that the parties may otherwise agree; and as to those provisions, the Confirmation shall prevail.
Initiation; Confirmation; Termination. (a) An agreement to enter into a Transaction may be entered into orally or in writing at the initiation of either Buyer or Seller; provided, however, that Buyer shall have no obligation to enter into any Transaction hereunder, except as provided in subsection (e), below. If the parties agree to enter into a Transaction at either Buyer's or Seller's initiation, then in any event, Buyer shall confirm the terms of each Transaction by issuing a written confirmation to the Seller promptly after the parties enter into such Transaction 7 containing the terms set forth on Exhibit I attached hereto (a "Confirmation"). Such Confirmation shall describe the Purchased Mortgage Loans, identify Buyer and Seller and set forth (i) the Purchase Date, (ii) the Purchase Price, (iii) the Repurchase Date, (iv) the Pricing Rate applicable to the Transaction, and (v) may contain additional terms or conditions not inconsistent with this Agreement. After receipt of the Confirmation, the Seller shall, subject to the provisions of subsection (c) below, sign the Confirmation and promptly return it to Buyer.
