Common use of Collections in General Clause in Contracts

Collections in General. After the occurrence of any Event of Default that Administrative Agent has not declared in writing to have been cured or waived, Administrative Agent shall have the right (but no obligation) in its sole discretion and subject to the Acknowledgment Agreement to take any or all of the following actions with respect to the Collateral, which rights are in addition to, and not in derogation or in lieu of, any other rights available to a secured creditor under any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator: (a) Demand, sue for, collect or receive and receipt for (in its own name, in the name of Borrower or otherwise) any money or property at any time payable or receivable on account of any of the Collateral, in consideration of its transfer or in exchange for it; (b) Request Borrower to pay over to Administrative Agent all sums from time to time due Borrower under or in respect of the Approved Servicing Agreements, including any and all fees and other compensation under the Approved Servicing Agreements for servicing the Serviced Loans, and to take any and all other actions that, subject to any restrictions imposed by the relevant Approved Servicing Agreement for the benefit of the party to it on whose behalf the Serviced Loans are being serviced (to the extent that such restrictions are valid and enforceable under the applicable UCC and other Laws), Borrower or Lenders have the right to take under that Servicing Agreement, and if Administrative Agent does so request, then Borrower shall diligently and continuously thereafter comply with such request; and (c) Request that Borrower forthwith pay to Administrative Agent at its Principal Office all amounts thereafter received by Borrower upon or in respect of any of the Collateral, whether paid to Borrower or withheld or recovered by ▇▇▇▇▇▇▇▇ from collections and 30 Credit and Security Agreement / realizations on the Serviced Loans or any other source, advising Administrative Agent as to the source of such funds, and if Administrative Agent does so request, then Borrower shall diligently and continuously thereafter comply with such request. All amounts so received and collected by Administrative Agent pursuant to this Section 4.11 shall be applied in the same order and manner as is specified in Section 10.3.

Appears in 2 contracts

Sources: Credit and Security Agreement (loanDepot, Inc.), Credit and Security Agreement (loanDepot, Inc.)

Collections in General. After the occurrence of any Event of Default that Administrative Agent the Lender has not declared in writing to have been cured or waived, Administrative Agent the Lender shall have the right (but no obligation) in its sole discretion and subject to the Acknowledgment Agreement to take any or all of the following actions with respect to the Collateral, which rights are in addition to, and not in derogation or in lieu of, any other rights available to a secured creditor under any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator: (a) Demand, sue ▇▇▇ for, collect or receive and receipt for (in its own name, in the name of Borrower or otherwise) any money or property at any time payable or receivable on account of any of the Collateral, in consideration of its transfer or in exchange for it; (b) Request Borrower to pay over to Administrative Agent the Lender all sums from time to time due Borrower under or in respect of the Approved Servicing AgreementsAgreements (excluding the Minimum Servicing Compensation (as defined in the Acknowledgment Agreement)), including any and all fees and other compensation under the Approved Servicing Agreements for servicing the Serviced Loans, and to take any and all other actions that, subject to any restrictions imposed by the relevant Approved Servicing Agreement for the benefit of the party to it on whose behalf the Serviced Loans are being serviced (to the extent that such restrictions are valid and enforceable under the applicable UCC and other Laws), Borrower or Lenders have the Lender has the right to take under that Servicing Agreement, and if Administrative Agent the Lender does so request, then Borrower shall diligently and continuously thereafter comply with such request; and (c) Request that Borrower forthwith pay to Administrative Agent the Lender at its Principal Office principal office all amounts thereafter received by Borrower upon or in respect of any of the Collateral, whether paid to Borrower or withheld or recovered by ▇▇▇▇▇▇▇▇ Borrower from collections and 30 Credit and Security Agreement / realizations on the Serviced Loans or any other source, advising Administrative Agent the Lender as to the source of such funds, and if Administrative Agent the Lender does so request, then Borrower shall diligently and continuously thereafter comply with such request. All amounts so received and collected by Administrative Agent the Lender pursuant to this Section 4.11 shall be applied in the same order and manner as is specified in Section 10.3.

Appears in 1 contract

Sources: Credit and Security Agreement (loanDepot, Inc.)

Collections in General. After the occurrence of any Event of Default that Administrative Agent the Lender has not declared in writing to have been cured or waived, Administrative Agent the Lender shall have the right (but no obligation) in its sole discretion and subject to the Acknowledgment Agreement to take any or all of the following actions with respect to the Collateral, which rights are in addition to, and not in derogation or in lieu of, any other rights available to a secured creditor under any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator: (a) Demand, sue s▇▇ for, collect or receive and receipt for (in its own name, in the name of Borrower or otherwise) any money or property at any time payable or receivable on account of any of the Collateral, in consideration of its transfer or in exchange for it; (b) Request Borrower to pay over to Administrative Agent the Lender all sums from time to time due Borrower under or in respect of the Approved Pledged Servicing AgreementsAgreements and any amounts paid to Borrower in respect of any Pledged Servicing Receivables, including any and all fees and other compensation under the Approved Pledged Servicing Agreements for servicing the Serviced LoansLoans and all amounts paid to or collectable by Borrower to pay Servicing Receivables, whether paid to Borrower or withheld or recovered by Borrower from collections and realizations on such Serviced Loans or any other source, and to take any and all other actions that, subject to any restrictions imposed by the relevant Approved Pledged Servicing Agreement or Pledged Servicing Receivables Agreement for the benefit of the party to it on whose behalf the Serviced Loans are being serviced (to the extent that such restrictions are valid and enforceable under the applicable UCC and other Laws), Borrower or Lenders have the Lender has the right to take under that Servicing Agreement, and if Administrative Agent the Lender does so request, then Borrower shall diligently and continuously thereafter comply with such request; and (c) Request that Borrower forthwith pay to Administrative Agent at its Principal Office the Lender all amounts thereafter received by Borrower upon or in respect of any of the Collateral, whether paid to Borrower or withheld or recovered by ▇▇▇▇▇▇▇▇ Borrower from collections and 30 Credit and Security Agreement / realizations on the Serviced Loans or any other source, advising Administrative Agent the Lender as to the source of such funds, and if Administrative Agent the Lender does so request, then Borrower shall diligently and continuously thereafter comply with such request. All amounts so received and collected by Administrative Agent the Lender pursuant to this Section 4.11 shall be applied in the same order and manner as is specified in Section 10.3. Notwithstanding anything contained in this Section 4.11, Lender shall not take any action that is inconsistent with or prohibited by the Pledged Servicing Receivables Agreements.

Appears in 1 contract

Sources: Credit and Security Agreement (AmeriHome, Inc.)

Collections in General. After the occurrence of any Event of Default that Administrative Agent has not declared in writing to have been cured or waived, Administrative Agent shall have the right (but no obligation) in its sole discretion and subject to the Acknowledgment Agreement to take any or all of the following actions with respect to the Collateral, which rights are in addition to, and not in derogation or in lieu of, any other rights available to a secured creditor under any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator: (a) Demanddemand, sue for, collect or receive and receipt for (in its own name, in the name of Borrower or otherwise) any money or property at any time payable or receivable on account of any of the Collateral, in consideration of its transfer or in exchange for it; (b) Request request Borrower to pay over to Administrative Agent all sums from time to time due Borrower under or in respect of the Approved Servicing AgreementsContract, including any and all fees and other compensation under the Approved Servicing Agreements Contract for servicing the Serviced Loans, and to take any and all other actions that, subject to any restrictions imposed by the relevant Approved Servicing Agreement Contract for the benefit of the party to it on whose behalf the Serviced Loans are being serviced (to the extent that such restrictions are valid and enforceable under the applicable UCC and other Laws), Borrower or Lenders have Lender has the right to take under that the Servicing AgreementContract, and if Administrative Agent does so request, then Borrower shall diligently and continuously thereafter comply with such request; and (c) Request request that Borrower forthwith pay to Administrative Agent at its Principal Office all amounts thereafter received by Borrower upon or in respect of any of the Collateral, whether paid to Borrower or withheld or recovered by ▇▇▇▇▇▇▇▇ Borrower from collections and 30 Credit and Security Agreement / realizations on the Serviced Loans or any other source, advising Administrative Agent as to the source of such funds, and if Administrative Agent does so request, then Borrower shall diligently and continuously thereafter comply with such request. All amounts so received and collected by Administrative Agent pursuant to this Section 4.11 shall be applied in the same order and manner as is specified in Section 10.3.

Appears in 1 contract

Sources: Credit and Security Agreement (loanDepot, Inc.)

Collections in General. After the occurrence of any Event of Default that Administrative Agent has not declared in writing to have been cured or waived, Administrative Agent shall have the right (but no obligation) in its sole discretion and subject to the Acknowledgment Agreement to take any or all of the following actions with respect to the Collateral, which rights are in addition to, and not in derogation or in lieu of, any other rights available to a secured creditor under any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator: (a) Demand, sue for, collect or receive and receipt for (in its own name, in the name of Borrower or otherwise) any money or property at any time payable or receivable on account of any of the Collateral, in consideration of its transfer or in exchange for it; (b) Request Borrower to pay over to Administrative Agent all sums from time to time due Borrower under or in respect of the Approved Servicing Agreements, including any and all fees and other compensation under the Approved Servicing Agreements for servicing the Serviced Loans, and to take any and all other actions that, subject to any restrictions imposed by the relevant Approved Servicing Agreement for the benefit of the party to it on whose behalf the Serviced Loans are being serviced (to the extent that such restrictions are valid and enforceable under the applicable UCC and other Laws), Borrower or Lenders have the right to take under that Servicing Agreement, and if Administrative Agent does so request, then Borrower shall diligently and continuously thereafter comply with such request; and (c) Request that Borrower forthwith pay to Administrative Agent at its Principal Office all amounts thereafter received by Borrower upon or in respect of any of the Collateral, whether paid to Borrower or withheld or recovered by ▇▇▇▇▇▇▇▇ Borrower from collections and 30 Credit and Security Agreement / realizations on the Serviced Loans or any other source, advising Administrative Agent as to the source of such funds, and if Administrative Agent does so request, then Borrower shall diligently and continuously thereafter comply with such request. All amounts so received and collected by Administrative Agent pursuant to this Section 4.11 shall be applied in the same order and manner as is specified in Section 10.3.

Appears in 1 contract

Sources: Credit and Security Agreement (loanDepot, Inc.)

Collections in General. After the occurrence of any Event of Default that Administrative Agent the Lender has not declared in writing to have been cured or waived, Administrative Agent the Lender shall have the right (but no obligation) in its sole discretion and subject to the Acknowledgment Agreement to take any or all of the following actions with respect to the Collateral, which rights are in addition to, and not in derogation or in lieu of, any other rights available to a secured creditor under any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator: (a) Demand, sue ▇▇▇ for, collect or receive and receipt for (in its own name, in the name of Borrower or otherwise) any money or property at any time payable or receivable on account of any of the Collateral, in consideration of its transfer or in exchange for it; (b) Request Borrower to pay over to Administrative Agent the Lender all sums from time to time due Borrower under or in respect of the Approved Pledged Servicing AgreementsAgreements and any amounts paid to Borrower in respect of any Pledged Servicing Receivables, including any and all fees and other compensation under the Approved Pledged Servicing Agreements for servicing the Serviced LoansLoans and all amounts paid to or collectable by Borrower to pay Servicing Receivables, whether paid to Borrower or withheld or recovered by Borrower from collections and realizations on such Serviced Loans or any other source, and to take any and all other actions that, subject to any restrictions imposed by the relevant Approved Pledged Servicing Agreement or Pledged Servicing Receivables Agreement for the benefit of the party to it on whose behalf the Serviced Loans are being serviced (to the extent that such restrictions are valid and enforceable under the applicable UCC and other Laws), Borrower or Lenders have the Lender has the right to take under that Servicing Agreement, and if Administrative Agent the Lender does so request, then Borrower shall diligently and continuously thereafter comply with such request; and (c) Request that Borrower forthwith pay to Administrative Agent the Lender at its Principal Office principal office all amounts thereafter received by Borrower upon or in respect of any of the Servicing Collateral, whether paid to Borrower or withheld or recovered by ▇▇▇▇▇▇▇▇ Borrower from collections and 30 Credit and Security Agreement / realizations on the Serviced Loans or any other source, advising Administrative Agent the Lender as to the source of such funds, and if Administrative Agent the Lender does so request, then Borrower shall diligently and continuously thereafter comply with such request. All amounts so received and collected by Administrative Agent the Lender pursuant to this Section 4.11 shall be applied in the same order and manner as is specified in Section 10.3.

Appears in 1 contract

Sources: Credit and Security Agreement (loanDepot, Inc.)

Collections in General. After the occurrence of any Event of Default that Administrative Agent has not declared in writing to have been cured or waived, Administrative Agent shall have the right (but no obligation) in its sole discretion and subject to the Acknowledgment Agreement to take any or all of the following actions with respect to the Collateral, which rights are in addition to, and not in derogation or in lieu of, any other rights available to a secured creditor under any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator: (a) Demand, sue for, collect or receive and receipt for (in its own name, in the name of Borrower or otherwise) any money or property at any time payable or receivable on account of any of the Collateral, in consideration of its transfer or in exchange for it; (b) Request Borrower to pay over to Administrative Agent all sums from time to time due Borrower under or in respect of the Approved Servicing Agreements, including any and all fees and other compensation under the Approved Servicing Agreements for servicing the Serviced Loans, and to take any and all other actions that, subject to any restrictions imposed by the relevant Approved Servicing Agreement for the benefit of the party to it on whose behalf the Serviced Loans are being serviced (to the extent that such restrictions are valid and enforceable under the applicable UCC and other Laws), Borrower or Lenders have the right to take under that 32 Credit and Security Agreement / Servicing Agreement, and if Administrative Agent does so request, then Borrower shall diligently and continuously thereafter comply with such request; and (c) Request that Borrower forthwith pay to Administrative Agent at its Principal Office all amounts thereafter received by Borrower upon or in respect of any of the Collateral, whether paid to Borrower or withheld or recovered by ▇▇▇▇▇▇▇▇ Borrower from collections and 30 Credit and Security Agreement / realizations on the Serviced Loans or any other source, advising Administrative Agent as to the source of such funds, and if Administrative Agent does so request, then Borrower shall diligently and continuously thereafter comply with such request. All amounts so received and collected by Administrative Agent pursuant to this Section 4.11 shall be applied in the same order and manner as is specified in Section 10.3.

Appears in 1 contract

Sources: Credit and Security Agreement (loanDepot, Inc.)

Collections in General. After the occurrence of any Event of Default that Administrative Agent has not declared in writing to have been cured or waived, Administrative Agent shall have the right (but no obligation) in its sole discretion and subject to the Acknowledgment Agreement to take any or all of the following actions with respect to the Collateral, which rights are in addition to, and not in derogation or in lieu of, any other rights available to a secured creditor under any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator: (a) Demand, sue for, collect or receive and receipt for (in its own name, in the name of Borrower or otherwise) any money or property at any time payable or receivable on account of any of the Collateral, in consideration of its transfer or in exchange for it;; 31 Credit and Security Agreement / (b) Request Borrower to pay over to Administrative Agent all sums from time to time due Borrower under or in respect of the Approved Servicing Agreements, including any and all fees and other compensation under the Approved Servicing Agreements for servicing the Serviced Loans, and to take any and all other actions that, subject to any restrictions imposed by the relevant Approved Servicing Agreement for the benefit of the party to it on whose behalf the Serviced Loans are being serviced (to the extent that such restrictions are valid and enforceable under the applicable UCC and other Laws), Borrower or Lenders have the right to take under that Servicing Agreement, and if Administrative Agent does so request, then Borrower shall diligently and continuously thereafter comply with such request; and (c) Request that Borrower forthwith pay to Administrative Agent at its Principal Office all amounts thereafter received by Borrower upon or in respect of any of the Collateral, whether paid to Borrower or withheld or recovered by ▇▇▇▇▇▇▇▇ Borrower from collections and 30 Credit and Security Agreement / realizations on the Serviced Loans or any other source, advising Administrative Agent as to the source of such funds, and if Administrative Agent does so request, then Borrower shall diligently and continuously thereafter comply with such request. All amounts so received and collected by Administrative Agent pursuant to this Section 4.11 shall be applied in the same order and manner as is specified in Section 10.3.

Appears in 1 contract

Sources: Credit and Security Agreement (loanDepot, Inc.)

Collections in General. After the occurrence of any Event of Default that Administrative Agent the Lender has not declared in writing to have been cured or waived, Administrative Agent the Lender shall have the right (but no obligation) in its sole discretion and subject to the Acknowledgment Agreement to take any or all of the following actions with respect to the Collateral, which rights are in addition to, and not in derogation or in lieu of, any other rights available to a secured creditor under any applicable law, rule, or regulation or any order, writ, injunction, or decree of any Governmental Authority or arbitrator: (a) Demand, sue for, collect or receive and receipt for (in its own name, in the name of Borrower or otherwise) any money or property at any time payable or receivable on account of any of the Collateral, in consideration of its transfer or in exchange for it; (b) Request Borrower to pay over to Administrative Agent the Lender all sums from time to time due Borrower under or in respect of the Approved Servicing AgreementsAgreements (excluding the Minimum Servicing Compensation (as defined in the Acknowledgment Agreement)), including any and all fees and other compensation under the Approved Servicing Agreements for servicing the Serviced Loans, and to take any and all other actions that, subject to any restrictions imposed by the relevant Approved Servicing Agreement for the benefit of the party to it on whose behalf the Serviced Loans are being serviced (to the extent that such restrictions are valid and enforceable under the applicable UCC and other Laws), Borrower or Lenders have the Lender has the right to take under that Servicing Agreement, and if Administrative Agent the Lender does so request, then Borrower shall diligently and continuously thereafter comply with such request; and (c) Request that Borrower forthwith pay to Administrative Agent the Lender at its Principal Office principal office all amounts thereafter received by Borrower upon or in respect of any of the Collateral, whether paid to Borrower or withheld or recovered by ▇▇▇▇▇▇▇▇ Borrower from collections and 30 Credit and Security Agreement / realizations on the Serviced Loans or any other source, advising Administrative Agent the Lender as to the source of such funds, and if Administrative Agent the Lender does so request, then Borrower shall diligently and continuously thereafter comply with such request. All amounts so received and collected by Administrative Agent the Lender pursuant to this Section 4.11 shall be applied in the same order and manner as is specified in Section 10.3.

Appears in 1 contract

Sources: Credit and Security Agreement (loanDepot, Inc.)