Common use of Agreement with Respect to Loss Sharing Clause in Contracts

Agreement with Respect to Loss Sharing. The Assuming Bank (or any assignee thereof pursuant to the Shared-Loss Agreements) shall be entitled to require reimbursement from the Receiver for loss sharing on all Loans and certain other assets in accordance with the Single Family Shared-Loss Agreement attached hereto as Exhibit 4.15A and the Commercial and Other Loans Shared-Loss Agreement attached hereto as Exhibit 4.15B, collectively, the “Shared-Loss Agreements.” All Loans shall be subject to either the Single Family Shared-Loss Agreement or the Commercial and Other Loans Shared-Loss Agreement and all private label asset backed securities and non-investment grade securities owned by the Failed Bank or any Acquired Subsidiary as of Bank Closing shall be subject to the Commercial and Other Loans Shared-Loss Agreement. The Loans that shall be subject to the Single Family Shared-Loss Agreement are identified on the Schedule of Loans 4.15A attached hereto and the Loans and other assets that shall be subject to the Commercial and Other Loans Shared-Loss Agreement are identified on the Schedule of Loans 4.15B, and Schedule 4.15C, Shared-Loss MTM Assets, attached hereto. The Single Family Shared-Loss Agreement and the Commercial and Other Loans Shared-Loss Agreement have their own separate terms and expressly survive the term .of this Agreement. For the avoidance of doubt, the Shared-Loss Agreements shall not terminate on the sixth anniversary of Bank Closing and shall remain in full force and effect thereafter.

Appears in 4 contracts

Samples: Purchase and Assumption Agreement (BankUnited, Inc.), Purchase and Assumption Agreement (BankUnited, Inc.), Purchase and Assumption Agreement (BankUnited, Inc.)

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Agreement with Respect to Loss Sharing. The Assuming Bank (or any assignee thereof pursuant to the Shared-Loss Agreements) shall be entitled to require reimbursement from the Receiver for loss sharing on all Loans and certain other assets in accordance with the Single Family Shared-Loss Agreement attached hereto as Exhibit 4.15A and the Commercial and Other Loans Shared-Loss Agreement attached hereto as Exhibit 4.15B, collectively, the “Shared-Loss Agreements.” All Loans shall be subject to either the Single Family Shared-Loss Agreement or the Commercial and Other Loans Shared-Loss Agreement and all private label asset backed securities and non-investment grade securities owned by the Failed Bank or any Acquired Subsidiary as of Bank Closing shall be subject to the Commercial and Other Loans Shared-Loss Agreement. The Loans that shall be subject to the Single Family Shared-Loss Agreement are identified on the Schedule of Loans 4.15A attached hereto and the Loans and other assets that shall be subject to the Commercial and Other Loans Shared-Loss Agreement are identified on the Schedule of Loans 4.15B, and Schedule 4.15C, Shared-Loss MTM Assets, attached hereto. The Single Family Shared-Loss Agreement and the Commercial and Other Loans Shared-Loss Agreement have their own separate terms and expressly survive the term .of of this Agreement. For the avoidance of doubt, the Shared-Loss Agreements shall not terminate on the sixth anniversary of Bank Closing and shall remain in full force and effect thereafter.. ARTICLE V

Appears in 1 contract

Samples: Purchase and Assumption Agreement

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