Missing Notes definition
Missing Notes shall have the meaning specified in §2 hereof.
Missing Notes means, with respect to any Transferred Whole Loan or Transferred Participated Loan, those Notes that are listed on the Loan Checklist related to such Transferred Whole Loan or Transferred Participated Loan as required, for purposes of this Agreement, to be present in the related Whole Loan File and that are not present in such Whole Loan File, or in the Custodian’s, the Buyers’ or their agent’s or lender’s collateral agent’s possession or control, either in the form of an original Note or in the form of a Lost Note Affidavit along with a copy of the original Note.