Co-Issue Clause Samples

Co-Issue. Notwithstanding anything in this Agreement to the contrary, including Article II, if by the tenth day prior to the Closing, the Seller and Buyer do not reach an agreement (which they are not obligated to do) with respect to the purchase and assumption by Buyer of the co-issue arrangements with Bank One, Pulte and First Union (Wachovia), then each such co-issue arrangement as to which such an agreement has not been reached shall not be part of the Purchase in any way and the Seller shall retain all interests in, and liabilities related to, any such co-issue arrangement, and Buyer shall administer each relevant loan relating thereto for a $60 per loan set up fee and each relevant loan relating thereto shall be subserviced by Buyer in accordance with the Retained Portfolio Subservicing Agreement.