Common use of Limitation on Release Clause in Contracts

Limitation on Release. The foregoing provision respecting release to the Servicers of Custodial Files and documents by the Custodian upon requests by the Servicers shall be operative only to the extent that at any time the Custodian shall not have released to the Servicers active Custodial Files or documents (including those requested) pertaining to more than 15% of the Mortgage Loans in the Mortgage Pool. Any additional Custodial Files or documents requested to be released by the Servicers may be released only upon written authorization of the Depositor. The limitations of this paragraph shall not apply to the release of Custodial Files to the Servicers under Section 10 below.

Appears in 4 contracts

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-5), Custodial Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-3), Pooling and Servicing Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-4)

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Limitation on Release. The foregoing provision respecting release to the Servicers related Servicer of the Custodial Files and documents by the Custodian upon requests request by the Servicers such Servicer shall be operative only to the extent that at any time the Custodian shall not have released to the Servicers such Servicer active Custodial Files or documents (including those requested) pertaining to more than 15% of the Mortgage Loans in the Mortgage PoolTrust Fund serviced by the related Servicer, as determined by the related Servicer. Any additional Custodial Files or documents requested to be released by the Servicers related Servicer may be released only upon written authorization of the Depositor. The limitations of this paragraph shall not apply to the release of Custodial Files to the Servicers related Servicer under Section 10 below.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Five Oaks Investment Corp.), Pooling and Servicing Agreement (Five Oaks Investment Corp.)

Limitation on Release. The foregoing provision respecting release to the Servicers of the Custodial Files and documents by the Custodian upon requests by the Servicers shall be operative only to the extent that at any time the Custodian shall not have released to the Servicers active Custodial Files or documents (including those requested) pertaining to more than 15% of the Mortgage Loans in the Mortgage Pool. Any additional Custodial Files or documents requested to be released by the Servicers may be released only upon written authorization of the Depositor. The limitations of this paragraph shall not apply to the release of Custodial Files to the Servicers under Section 10 below.

Appears in 1 contract

Samples: Custodial Agreement (CSFB Mortgage Pass Through Certificates Series 2001-S23)

Limitation on Release. The foregoing provision respecting release to a Servicer of the Servicers of Custodial Files and documents by the Custodian upon requests request by the Servicers such Servicer shall be operative only to the extent that at any time the Custodian shall have used its best efforts to have not have released to the Servicers Servicer active Custodial Files or documents (including those requested) pertaining to more than 15% 15 percent of the Mortgage Loans in the Mortgage Pool. Any additional Custodial Files or documents requested to be released by the Servicers any Servicer may be released only upon written authorization of the Depositor. The limitations of this paragraph shall not apply to the release of Custodial Files to the Servicers a Servicer under Section 10 below.

Appears in 1 contract

Samples: Custodial Agreement (Sequoia Residential Funding Inc)

Limitation on Release. The foregoing provision respecting release to the Servicers Servicer of Custodial Files and documents by the Custodian upon requests by the Servicers Servicer shall be operative only to the extent that at any time the Custodian shall not have released to the Servicers Servicer active Custodial Files or documents (including those requested) pertaining to more than 15% of the Mortgage Loans in the Mortgage Pool. Any additional Custodial Files or documents requested to be released by the Servicers Servicer may be released only upon written authorization of the Depositor. The limitations of this paragraph shall not apply to the release of Custodial Files to the Servicers Servicer under Section 10 below.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Home Equity Mortgage Trust 2006-6)

Limitation on Release. The foregoing provision respecting release to the Servicers Servicer of the Custodial Files and documents by the Custodian upon requests request by the Servicers Servicer shall be operative only to the extent that at any time the Custodian shall not have released to the Servicers Servicer active Custodial Files or documents (including those requested) pertaining to more than 15% of the ten (10) Mortgage Loans in at the Mortgage Pooltime being held by the Custodian under this Agreement. Any additional Custodial Files or documents requested to be released by the Servicers Servicer may be released only upon written authorization of the DepositorOwner. The limitations of this paragraph shall not apply to the release of Custodial Files to the Servicers Servicer under Section 10 9 below.

Appears in 1 contract

Samples: Custodial Agreement (New York Mortgage Trust Inc)

Limitation on Release. The foregoing provision respecting release to the Servicers of the Custodial Files and documents by the Custodian upon requests by the Servicers Servicers, shall be operative only to the extent that at any time the Custodian shall not have released to the Servicers active Custodial Files or documents (including those requested) pertaining to more than 15% of the Mortgage Loans in the Mortgage Pool. Any additional Custodial Files or documents requested to be released by the Servicers may be released only upon written authorization of the Depositor. The limitations of this paragraph shall not apply to the release of Custodial Files to the Servicers under Section 10 below.

Appears in 1 contract

Samples: Custodial Agreement (Home Equity Mortgage Pass-Through Certificates, Series 2006-1)

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Limitation on Release. The foregoing provision respecting release to the Servicers Servicer of the Custodial Files and documents by the Custodian upon requests request by the Servicers Servicer shall be operative only to the extent that at any time the Servicer shall not request and the Custodian shall not have released release to the Servicers active Servicer Custodial Files or documents (including those requested) pertaining to more than 15% of the 15 Mortgage Loans in at the Mortgage Pooltime being serviced by the Servicer under the Servicing Agreement. Any additional Custodial Files or documents requested to be released by the Servicers Servicer may be released only upon written authorization of the DepositorPurchaser. The limitations of this paragraph shall not apply to the release of Custodial Files to the Servicers Servicer under Section 10 9 below.

Appears in 1 contract

Samples: Custodial Agreement (Preferred Credit Corp)

Limitation on Release. The foregoing provision respecting release to a Servicer of the Servicers of Custodial Files and documents by the Custodian upon requests request by the Servicers such Servicer shall be operative only to the extent that at any time the Custodian shall have used its best efforts to have not have released to all of the Servicers Servicer active Custodial Files or documents (including those requested) pertaining to more than 15% thirty (30) of the Mortgage Loans in the Mortgage Pool. Any additional Custodial Files or documents requested to be released by the Servicers any Servicer may be released only upon written authorization of the Depositor. The limitations of this paragraph shall not apply to the release of Custodial Files to the Servicers a Servicer under Section 10 below.

Appears in 1 contract

Samples: Custodial Agreement (Sequoia Residential Funding Inc)

Limitation on Release. The foregoing provision respecting release to the Servicers Servicer of the Custodial Files and documents by the Custodian upon requests request by the Servicers Servicer shall be operative only to the extent that at any time the Custodian shall not have released to the Servicers Servicer active Custodial Files or documents (including those requested) pertaining to more than 15% of the 15 Mortgage Loans in the Mortgage Pool. Any additional Custodial Files or documents requested to be released by the Servicers Servicer may be released only upon written authorization of the Depositor. The limitations of this paragraph shall not apply to the release of Custodial Files to the Servicers Servicer under Section 10 below.

Appears in 1 contract

Samples: Custodial Agreement (DLJ Mortgage Acceptance Corp)

Limitation on Release. The foregoing provision respecting set forth in Section 7 above relating to the release to the Servicers Servicer of the Custodial Files and documents by the Custodian upon requests by the Servicers shall be operative only to the extent that at any time the Custodian shall not have released to the Servicers Servicer Custodial Files or the Servicer shall not have requested the Custodian to release to it active Custodial Files or documents (including those requested) pertaining to more than fifteen (15% of the ) Mortgage Loans at the time in the Mortgage Poolaggregate. Any additional Custodial Files or documents requested to be released by to the Servicers Servicer may only be released only upon written authorization of the DepositorPurchaser or the Trustee, as applicable. The limitations of this paragraph shall not apply to the release of Custodial Files to the Servicers under Section 10 9 below.

Appears in 1 contract

Samples: Custodial Agreement (Morgan Stanley Mortgage Loan Trust 2006-11)

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