Common use of Collateral Not to be Evidenced by Instruments Clause in Contracts

Collateral Not to be Evidenced by Instruments. The Seller will take no action to cause any Collateral that is not, as of the Closing Date, as of the initial Funding Date or the related Addition Date, as the case may be, evidenced by an Instrument (other than the Capital Stock in any REO Asset Owner, which shall at all times after the Fourth Amendment and Restatement Effective Date, be evidenced by a “certificated security” (as such term is defined in Article 8 of the UCC)), to be so evidenced except in connection with the enforcement or collection of such Collateral.

Appears in 4 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

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Collateral Not to be Evidenced by Instruments. The Seller will take no action to cause any Collateral that is not, as of the Closing Date, as of the initial Funding Date or the related Addition Date, as the case may be, evidenced by an Instrument (other than the Capital Stock in 2007-A/LLC or any REO Asset Owner, each of which shall at all times after the Fourth Amendment and Restatement New Effective Date, be evidenced by a “certificated security” (as such term is defined in Article 8 of the UCC)), to be so evidenced except in connection with the enforcement or collection of such Collateral.

Appears in 3 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

Collateral Not to be Evidenced by Instruments. The Seller will take no action to cause any Collateral that is not, as of the Closing Date, as of the initial Funding Date or the related Addition Date, as the case may be, evidenced by an Instrument (other than the Capital Stock in any REO Asset Owner, which shall at all times after the Fourth Amendment and Restatement Effective Date, be evidenced by a “certificated security” (as such term is defined in Article 8 of the UCC)), to be so evidenced except in connection with the enforcement or collection of such Collateral.

Appears in 2 contracts

Samples: Sale and Servicing Agreement (Capitalsource Inc), Sale and Servicing Agreement (Capitalsource Inc)

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Collateral Not to be Evidenced by Instruments. The Seller will take no action to cause any Collateral that is not, as of the Closing Date, as of the initial Funding Date or the related Addition Date, as the case may be, evidenced by an Instrument (other than the Capital Stock in any REO Asset Owner, 2007-A/LLC which shall at all times after the Fourth Amendment and Restatement New Effective Date, be evidenced by a “certificated security” (as such term is defined in Article 8 of the UCC)), to be so evidenced except in connection with the enforcement or collection of such Collateral.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Capitalsource Inc)

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