Missing Documents Sample Clauses
The Missing Documents clause outlines the procedures to follow when required documents are not provided or are lost during the course of an agreement. Typically, it obligates one party to promptly supply any missing paperwork or to cooperate in recreating or obtaining replacements, such as title deeds, permits, or certificates necessary for the transaction. This clause ensures that the absence of essential documents does not unduly delay or jeopardize the completion of contractual obligations, thereby maintaining the integrity and enforceability of the agreement.
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Missing Documents. The Asset Representations Reviewer shall complete the Asset Representations Review of each Reviewable Receivable only using documentation that is made available by or on behalf of the Sponsor. Upon receipt of the Required Documents, the Asset Representations Reviewer shall complete an initial document inventory to verify there are no systemic documentation errors, including but not limited to consistently missing or incomplete information in each Reviewable Receivable’s file, even though there may still be instances where certain pieces of information for an individual Reviewable Receivable are missing or incomplete. Once the Asset Representations Reviewer has confirmed that a sufficient number of the Required Documents is available to conduct its review, it shall commence the Services. In instances where a Required Document is not accessible or is clearly unidentifiable or illegible, the Asset Representations Reviewer shall request that the Sponsor provide an updated copy of such Required Document. The Sponsor must provide, or cause to be provided, any missing document to the Asset Representations Reviewer within fifteen (15) days of notification of the Sponsor by the Asset Representations Reviewer that such document is missing. In the event a missing document is not provided within such timeframe, the Asset Representations Reviewer file review staff shall categorize the results of the related Test as “Unsatisfied Test – Missing Required Documents” (as defined below) and note that such documentation is missing.
Missing Documents. (a) The Seller will, prior to Completion, use all reasonable endeavours to obtain a copy of each of the documents listed as a “Missing Document” in column 2 of the table in the attachment to the Disclosure Letter.
(b) Before Completion, the Seller will deliver to the Buyer copies of any such missing documents which the Seller was reasonably able to obtain.
(c) If the Seller has been unable to obtain a copy of any document referred to in clause 5.11 (a) it will, prior to Completion, provide evidence to the Buyer demonstrating that absence of the document will not have any materially adverse affect on the interests of the Buyer.
Missing Documents. [Reviewer] will complete the Asset Representations Review of each Receivable only using documentation that is made available by or on behalf of Client. Upon receipt of the Required Documents, [Reviewer] will complete an initial document inventory to verify there are no systemic documentation errors, including but not limited to consistently missing or incomplete information in each Receivable’s file even though there may still be instances where certain pieces of information for an individual Receivable are missing or incomplete. Once [Reviewer] has confirmed that the majority of the Required Documents are available, it will commence the Services. In instances where a Required Document is not accessible, clearly unidentifiable or illegible, [Reviewer] will request that Client or Sponsor provide an updated copy of such Required Document. Client must provide, or cause to be provided, missing documents to [Reviewer] within [seven (7)] days of notification by [Reviewer]. In the event a missing document is not provided within such timeframe, [Reviewer] file review staff will categorize the results of the Testing as ‘Unsatisfied Test – Missing Required Documents” and note that such documentation is missing.
Missing Documents. (a) Following the date hereof, the Seller shall deliver to the Purchaser, as soon as reasonably practicable, (a) all Transferred Contracts listed on Schedule 2.1(a)(i) entered into on or following July 3, 2017 and (b) all Contracts identified by the Seller after the execution of this Agreement that are between the Seller and a third-party Person which exclusively relates to an obligation of the Seller to provide any APM Offering, including the delivery of related professional services, that were entered into on or following July 3, 2017 and was not listed on Schedule 2.1(a)(i), including all statements of work under such Contracts to the extent (i) not provided by the Seller prior to the date hereof and (ii) outstanding obligations exist under such Contracts. Upon delivery to the Purchaser of such Contracts under subclause (b) of the preceding sentence, such Contracts shall be deemed to be Transferred Contracts for all purposes under this Agreement. On the Closing Date, the list of Transferred Contracts set forth on Schedule 2.1(a)(i) shall be revised and replaced by Seller to reflect any new Contracts to be added to the Transferred Contracts pursuant to this Section 5.9 unless such Contracts are earlier terminated.
(b) Following the date hereof, the Seller shall grant the Purchaser reasonable access to each In-Scope Employee as part of the communication and transition plan in connection with the assignment of the Transferred Contracts under this Agreement; provided that the Purchaser shall, with respect to the initial contact with each In-Scope Employee only, provide the Seller with the opportunity to review and participate in any such communication.
Missing Documents. (a) Purchaser will not have any obligation to deliver to Seller any Loan Files (or part thereof) that are lost, missing or otherwise not in the possession of either the Purchaser or any Servicer. Without restricting or limiting the generality of the foregoing, Seller acknowledges and agrees that Purchaser will have no obligation to secure or obtain any assignment that predates the assignment of any Loan to Purchaser that is not contained in the Loan Files. Seller will have the sole responsibility for and expense of securing any intervening assignment that may be missing from the Loan Files from the appropriate source. The failure of either Purchaser or any Servicer to deliver any Loan Files (including, without limitation, any intervening assignments other than assignments to Purchaser), any other contents of the Loan Files that are lost, missing or otherwise not in the possession of either Purchaser or any Servicer, will not affect Seller’s obligations under this Agreement.
(b) In the event that any note or other Loan Document is lost, missing or otherwise not in the possession of either Purchaser or any Servicer, Purchaser may elect either to provide an executed assignment and lost instrument affidavit to Seller or require Seller to execute the same on behalf of Purchaser pursuant to the limited power of attorney contained in the Security Agreement.
(c) Seller will have the sole responsibility to obtain any of the Loan Documents in the possession of any attorneys, collection agencies or foreclosing trustees. ASSET PURCHASE AGREEMENT – PAGE 12
(d) Seller acknowledges that Purchaser might not have access to information from prior holders or servicers of a Loan (other than Servicers) and that Purchaser has not requested and will have no obligation to request any information not in the possession of either Purchaser or any Servicer from any prior holder or servicer of a Loan (other than any Servicer). Seller agrees that Purchaser will not be required pursuant to the terms of this Agreement (or otherwise) to request any information not in the possession of either Purchaser or any Servicer from any prior holder or servicer of a Loan (other than any Servicer).
Missing Documents. In the event that the documents described in Appendix 1and 2 are incomplete when checked by the Joint Venture against the documentation list, the Joint Venture shall immediately notify MNGA and HyFuels, identifying the missing documentation, and MNGA and HyFuels shall supply such missing documentation free of charge within thirty (30) days after notification by the Joint Venture. Failure by MNGA and HyFuels to supply such missing documentation within such thirty (30)-day period shall be deemed to constitute a late contribution of capital as provided in the Joint Venture Contract.
Missing Documents. The Buyer shall not be entitled to make any enquiry, requisition or objection about any document which the Seller’s Solicitors have disclosed to the Buyer’s Solicitors in writing on or before the date of this Agreement as not being in the Seller’s possession. The Buyer shall not require the Seller to obtain an examined or certified copy of any such document and Commercial Condition 4.5.5 shall not apply.
Missing Documents. A. HUD shall have no obligation to deliver to Purchaser any Mortgage Loan Documents, Servicing Files or Project Information other than those that are sent to or retrieved by Purchaser pursuant to Section 5.01 and 5.
Missing Documents. Attached hereto as Schedule 2 is an exception report identifying any missing or deficient Loan Documents (the “Collateral Exception Report”). Seller shall use commercially reasonable efforts to provide any such missing document or cure such deficiency with respect to those set forth on the Collateral Exception Report within one hundred and twenty (120) days following the Closing Date. If the Seller is unable to provide such missing document or cure such deficiency in the timeframe set forth above with respect to any Loan identified on the Collateral Exception Report (each a “Collateral Deficient Loan”), Seller shall, at Purchaser’s option, either (a) promptly pay Purchaser a purchase price adjustment payment for each Collateral Deficient Loan if the parties are able to mutually agree on such amount (each such payment a “Collateral Deficient Loan Price Adjustment Payment”) in accordance with the terms of the Facilitator Letter, or (b) within ten (10) Business Days following its receipt of notice from Purchaser, repurchase the related Collateral Deficient Loan at the Seller Repurchase Price in the manner set forth in Article 7 herein (it being understood, however, that the cure period set forth in such Article 7 shall be deemed to be inapplicable). In the event Purchaser opts for Collateral Deficient Loan Price Adjustment Payment as set forth in subsection (a) above, but the parties are unable to reach a mutually agreeable amount, the affected Loan(s) shall be promptly repurchased. Any qualifying language on the endorsements and assignments shall not affect, limit, or enlarge the rights, remedies, and recourse of the Purchaser under this Agreement. The above-referenced one hundred and twenty (120) day period may be extended up to an additional forty-five (45) days upon the written request of Seller with the consent of Purchaser (which consent shall not be unreasonably withheld) so long as Seller is diligently seeking to cure such missing or deficient Loan Documents and the parties reasonably believe the collateral issue can be resolved within the additional time frame. Seller and Purchaser acknowledge and agree that any Collateral Deficient Loan Price Adjustment Payment or repurchase pursuant to the terms of this Section 3.2 shall be effected through the Facilitator in accordance with the terms of the Facilitator Letter.
Missing Documents. There follows a list of documents which, based on the contents of the data room for Project ▇▇▇, appear to HBT to be missing from the data room and which appear to HBT to be material in the context of the share sales, Please note: