Common use of Privacy of Customer Information Clause in Contracts

Privacy of Customer Information. The Seller’s Customer Information in the possession of the Buyer, other than information independently obtained by the Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.8, the Buyer shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the Buyer’s employees, agents or contractors or any third party not affiliated with the Buyer. The Buyer may use or disclose the Seller’s Customer Information only to the extent necessary (a) for examination and audit of the Buyer’s activities, books and records by their regulatory authorities, (b) to market or sell Purchased Loans or to enforce or exercise its rights under any Repurchase Document, (c) to carry out the Buyer’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer shall ensure that each Person to which the Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Buyer’s rights and privileges, or to carry out the Buyer’s express obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer uses for its own customers’ confidential and proprietary information.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Sirva Inc), Master Repurchase Agreement (Sirva Inc)

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Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the Buyer, other than information independently obtained by the Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.828(b), the Buyer shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the Buyer’s employees, agents or contractors or any third party not affiliated with the Buyer. The Buyer may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the Buyer’s activities, books and records by their Buyer’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Buyer’s rights under any Repurchase Document, and privileges or (c3) to carry out the Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer shall take commercially reasonable steps to ensure that each Person to which the Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Buyer’s rights and privileges, or to carry out the Buyer’s express obligations obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors). The Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (loanDepot, Inc.)

Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the BuyerPurchaser, other than information independently obtained by the Buyer Purchaser and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.8Section18(b), the Buyer Purchaser shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customerscustomers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerPurchaser’s employees, agents or contractors or any third party not affiliated with the BuyerPurchaser. The Buyer Purchaser may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the BuyerPurchaser’s activities, books and records by their Purchaser’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Purchaser’s rights under any Repurchase Document, and privileges or (c3) to carry out the BuyerPurchaser’s express rights and obligations under this Agreement and the other Repurchase Program Documents (including providing the Seller’s Customer Information to potential participants or Approved InvestorsTakeout Buyers), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Purchaser may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Purchaser shall take commercially reasonable steps to ensure that each Person to which the Buyer Purchaser intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerPurchaser’s rights and privileges, or to carry out the BuyerPurchaser’s express obligations obligations, under this Agreement and the other Repurchase Program Documents (including providing the Seller’s Customer Information to potential participants or Approved InvestorsTakeout Buyers). The Buyer Xxxxxxxxx agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Purchaser does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Purchaser shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.

Appears in 2 contracts

Samples: Mortgage Loan Participation Sale Agreement (loanDepot, Inc.), Participation Sale Agreement (loanDepot, Inc.)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAdministrative Agent or the Buyers, other than information independently obtained by the Buyer Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.816.9, the Buyer Administrative Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAdministrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Administrative Agent or a Buyer. The Buyer Administrative Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAdministrative Agent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (bii) to market or sell Purchased Mortgage Loans or to enforce or exercise its their rights under any Repurchase Document, (ciii) to carry out the BuyerAdministrative Agent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (div) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Administrative Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Administrative Agent and the Buyers shall ensure that each Person to which the Administrative Agent or a Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAdministrative Agents, the Buyers’ or the Custodian’s rights and privileges, or to carry out the BuyerAdministrative Agent’s, the Buyers’ and the Custodian’s express obligations obligations, under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Administrative Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR C.F.R. Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Horton D R Inc /De/), Master Repurchase Agreement (Horton D R Inc /De/)

Privacy of Customer Information. The Seller’s Company Customer Information in the possession of the BuyerAgent, other than information independently obtained by the Buyer Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the SellerCompanies. Except in accordance with this Section 16.810.10, the Buyer Agent shall not use any Seller’s Company Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Company Customer Information to any Person, including any of the BuyerAgent’s employees, agents or contractors or any third party not affiliated with the BuyerAgent. The Buyer Agent may use or disclose the Seller’s Company Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAgent’s activities, books and records by their the Agent’s regulatory authorities, (bii) to market or sell Purchased Loans or to enforce protect or exercise its the Agent’s, the Custodian’s and the Lenders’ rights under any Repurchase Document, and privileges or (ciii) to carry out the BuyerAgent’s, the Custodian’s and the Lenders’ express rights and obligations under this Agreement and the other Repurchase Documents Facilities Papers (including providing the Seller’s Company Customer Information to potential participants or Approved Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent may also use and disclose the Seller’s Company Customer Information as expressly permitted by the Seller relevant Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent shall take commercially reasonable steps to ensure that each Person to which the Buyer Agent intends to disclose Seller’s Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Company Customer Information and to use or disclose such Seller’s Company Customer Information only to the extent necessary to protect or exercise the BuyerAgent’s, the Custodian’s and the Lenders’ rights and privileges, or to carry out the BuyerAgent’s, the Custodian’s and the Lenders’ express obligations obligations, under this Agreement and the other Repurchase Documents Facilities Papers (including providing the Seller’s Company Customer Information to potential participants or Approved Investors). The Buyer Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Company Customer Information pursuant to such program in the same manner as the Buyer Agent does so in respect of its their own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Agent shall use at least the same physical and other security measures to protect all of the Seller’s Company Customer Information in its the Agent’s possession or control as the Buyer Agent uses for its their own customers’ confidential and proprietary information.

Appears in 2 contracts

Samples: Credit Agreement (Homebanc Corp), Assignment and Assumption (Homebanc Corp)

Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the BuyerAdministrative Agent, other than information independently obtained by the Buyer Administrative Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.830(b), the Buyer Administrative Agent and Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Seller’s Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAdministrative Agent’s or Buyers’ employees, agents or contractors or any third party not affiliated with the BuyerAdministrative Agent or Buyers. The Buyer Administrative Agent and Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the Administrative Agent’s or any Buyer’s activities, books and records by their Administrative Agent’s or such Buyer’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Administrative Agent’s rights and privileges under any Repurchase Document, the Transaction Documents or (c3) to carry out the Administrative Agent’s or any Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Administrative Agent and any Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Each Buyer and Administrative Agent shall take commercially reasonable steps to ensure that each Person to which the such Buyer or Administrative Agent intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerBuyers’ and Administrative Agent’s rights and privileges, or to carry out the such Buyer’s or Administrative Agent’s express obligations obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors). The Buyer Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Administrative Agent shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.. Exhibit N, Page 12 SCHEDULE I APPROVED TAKEOUT INVESTORS [***] Schedule I, Page 1 [***] SCHEDULE II SELLER’S AUTHORIZED SIGNERS Name Title Xxxxxxx Xxxxxxx CEO Xxx Xxxxxx President Xxxxxx Xxxxxxx Vice Pres. Capital Markets/Risk Management Xxxxx Xxxxx CFO/Treasurer Xxxxxxxx Xxxx Asst. Treasurer/Dir. Acctg. Xxxxxxx Xxxxxxx Secretary/Corporate Counsel Xxxxxxxx (Xxxxx) Xxxxxx Cash Manager Xxxxx Xxxxxxx Director, Capital Markets Xxxxx Xxxxx Cashiering Auditor Xxxxx Xxxxx Warehouser Xxxxxxx Xxxxx Dir. Transaction Mgmt. Xxxx Xxxxxxxxxx VP Servicing Xxxxx Xxxxxxxxx Transaction Manager Xxxxxx Xxxxxx Transaction Manager Xxxxxxx Xxxx Team Leader, Post Closing Audit Xxxxxxx Xxxxxxxxxxx Team Captain, Post Closing Audit Xxxxxxx Xxxxxx Collateral Coordinator SCHEDULE III CLTV/FICO SCORE CRITERIA Jumbo Loans-Amortizing Fixed Rate and ARMS Purchase & No Cash-Out Refinance Jumbo Loans [***] Cash-Out Refinance Jumbo Loans* [***] *For eligible Cash-Out Refinance Jumbo Loans, the maximum cash-out is [***] SCHEDULE IV Seller’s Existing Guaranties [***] SCHEDULE V LITIGATION

Appears in 1 contract

Samples: Confidential Disclosure Agreement (Rocket Companies, Inc.)

Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the BuyerAdministrative Agent, other than information independently obtained by the Buyer Administrative Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.830(b), the Buyer Administrative Agent and Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Seller’s Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAdministrative Agent’s or Buyers’ employees, agents or contractors or any third party not affiliated with the BuyerAdministrative Agent or Buyers. The Buyer Administrative Agent and Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the Administrative Agent’s or any Buyer’s activities, books and records by their Administrative Agent’s or such Buyer’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Administrative Agent’s rights and privileges under any Repurchase Document, the Transaction Documents or (c3) to carry out the Administrative Agent’s or any Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Administrative Agent and any Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Each Buyer and Administrative Agent shall take commercially reasonable steps to ensure that each Person to which the such Buyer or Administrative Agent intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerBuyers’ and Administrative Agent’s rights and privileges, or to carry out the such Buyer’s or Administrative Agent’s express obligations obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors). The Buyer Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Administrative Agent shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Confidential Disclosure Agreement (Rocket Companies, Inc.)

Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the BuyerPurchaser, other than information independently obtained by the Buyer Purchaser and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.8Section18(b), the Buyer Purchaser shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customerscustomers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerPurchaser’s employees, agents or contractors or any third party not affiliated with the BuyerPurchaser. The Buyer Purchaser may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the BuyerPurchaser’s activities, books and records by their Purchaser’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Purchaser’s rights under any Repurchase Document, and privileges or (c3) to carry out the BuyerPurchaser’s express rights and obligations under this Agreement and the other Repurchase Program Documents (including providing the Seller’s Customer Information to potential participants or Approved InvestorsTakeout Buyers), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Purchaser may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Purchaser shall take commercially reasonable steps to ensure that each Person to which the Buyer Purchaser intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerPurchaser’s rights and privileges, or to carry out the BuyerPurchaser’s express obligations obligations, under this Agreement and the other Repurchase Program Documents (including providing the Seller’s Customer Information to potential participants or Approved InvestorsTakeout Buyers). The Buyer agrees Purcxxxxx xxxees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Purchaser does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Purchaser shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Mortgage Loan Participation Sale Agreement (loanDepot, Inc.)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAdministrative Agent or the Buyers, other than information independently obtained by the Buyer Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.816.9, the Buyer Administrative Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAdministrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Administrative Agent or a Buyer. The Buyer Administrative Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAdministrative Agent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (bii) to market or sell Purchased Mortgage Loans or to enforce or exercise its their rights under any Repurchase Document, (ciii) to carry out the BuyerAdministrative Agent’s, the Syndication Agent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (div) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Administrative Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Administrative Agent and the Buyers shall ensure that each Person to which the Administrative Agent or a Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAdministrative Agents, the Buyers’ or the Custodian’s rights and privileges, or to carry out the BuyerAdministrative Agent’s, the Buyers’ and the Custodian’s express obligations obligations, under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Administrative Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (Horton D R Inc /De/)

Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the BuyerPurchaser, other than information independently obtained by the Buyer Purchaser and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.8Section18(b), the Buyer Purchaser shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customerscustomers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerPurchaser’s employees, agents or contractors or any third party not affiliated with the BuyerPurchaser. The Buyer Purchaser may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the BuyerPurchaser’s activities, books and records by their Purchaser’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Purchaser’s rights under any Repurchase Document, and privileges or (c3) to carry out the BuyerPurchaser’s express rights and obligations under this Agreement and the other Repurchase Program Documents (including providing the Seller’s Customer Information to potential participants or Approved InvestorsTakeout Buyers), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Purchaser may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Purchaser shall take commercially reasonable steps to ensure that each Person to which the Buyer Purchaser intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect LEGAL02/41334878v5 or exercise the BuyerPurchaser’s rights and privileges, or to carry out the BuyerPurchaser’s express obligations obligations, under this Agreement and the other Repurchase Program Documents (including providing the Seller’s Customer Information to potential participants or Approved InvestorsTakeout Buyers). The Buyer Purchaser agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Purchaser does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Purchaser shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Mortgage Loan Participation Sale Agreement (loanDepot, Inc.)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAgent or the Buyers, other than information independently obtained by the Buyer Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.816.9, the Buyer Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAgent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Agent or a Buyer. The Buyer Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAgent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (bii) to market or sell Purchased Mortgage Loans or to enforce or exercise its their rights under any Repurchase Document, (ciii) to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (div) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent and the Buyers shall ensure that each Person to which the Agent or a Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAgent’s, the Buyers’ or the Custodian’s rights and privileges, or to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express obligations obligations, under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (NVR Inc)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAgent or the Buyers, other than information independently obtained by the Buyer Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.824.6, the Buyer Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAgent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Agent or a Buyer. The Buyer Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (a) for examination and audit of the BuyerAgent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (b) to market or sell Purchased Mortgage Loans or to enforce or exercise its their rights under any Repurchase Document, (c) to carry out the BuyerAgent’s, the Buyers’, the Custodian’s and the Approved MBS Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (d) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent and the Buyers shall ensure that each Person to which the Agent or a Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAgent’s, the Buyers’, the Custodian’s and the Approved MBS Custodian’s rights and privileges, or to carry out the BuyerAgent’s, the Buyers’, the Custodian’s and the Approved MBS Custodian’s express obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information. Section 25.

Appears in 1 contract

Samples: Master Repurchase Agreement (Pultegroup Inc/Mi/)

Privacy of Customer Information. The (a) Seller’s Customer Information in the possession of the BuyerPurchaser, other than information independently obtained by the Buyer Purchaser and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.8Section18(b), the Buyer Purchaser shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customerscustomers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerPurchaser’s employees, agents or contractors or any third party not affiliated with the BuyerPurchaser. The Buyer Purchaser may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the BuyerPurchaser’s activities, books and records by their Purchaser’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Purchaser’s rights under any Repurchase Document, and privileges or (c3) to carry out the BuyerPurchaser’s express rights and obligations under this Agreement and the other Repurchase Program Documents (including providing the Seller’s Customer Information to potential participants or Approved InvestorsTakeout Buyers), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Purchaser may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Purchaser shall take commercially reasonable steps to ensure that each Person to which the Buyer Purchaser intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerPurchaser’s rights and privileges, or to carry out the BuyerPurchaser’s express obligations obligations, under this Agreement and the other Repurchase Program Documents (including providing the Seller’s Customer Information to potential participants or Approved InvestorsTakeout Buyers). The Buyer Purchaser agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Purchaser does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Purchaser shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Mortgage Loan Participation Sale Agreement (loanDepot, Inc.)

Privacy of Customer Information. The Seller’s Company Customer Information in the possession of the BuyerLenders, other than information independently obtained by the Buyer a Lender and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Sellerrelevant Company. Except in accordance with this Section 16.816.6, the Buyer Lenders shall not use any Seller’s Company Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Company Customer Information to any Person, including any of the BuyerLender’s employees, agents or contractors or any third party not affiliated with the BuyerLenders. The Buyer Lenders and the Agent may use or disclose the Seller’s Company Customer Information only to the extent necessary (ai) for examination and audit of the Buyerrelevant Lender’s or the Agent’s activities, books and records by their such Lender’s or the Agent’s regulatory authorities, (bii) to market or sell Purchased Loans or to enforce protect or exercise its such Lender’s, the Agent’s and the Custodian’s rights under any Repurchase Document, and privileges or (ciii) to carry out such Lender’s, the BuyerAgent’s and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents Facilities Papers (including providing the Seller’s Company Customer Information to potential participants or Approved Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Lenders and the Agent may also use and disclose the Seller’s Company Customer Information as expressly permitted by the Seller relevant Affiliated Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Each Lender and the Agent shall take commercially reasonable steps to ensure that each Person to which such Lender or the Buyer Agent intends to disclose Seller’s Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Company Customer Information and to use or disclose such Seller’s Company Customer Information only to the extent necessary to protect or exercise the BuyerLenders’, the Agent’s and the Custodian’s rights and privileges, or to carry out the BuyerLenders’, the Agent’s and the Custodian’s express obligations obligations, under this Agreement and the other Repurchase Documents Facilities Papers (including providing the Seller’s Company Customer Information to potential participants or Approved Investors). The Buyer agrees Lenders and the Agent agree to maintain an Information Security Program (as described in the interagency guidelines referred to below) and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Company Customer Information pursuant to such program in the same manner as such Lender or the Buyer Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, each Lender and the Buyer Agent shall use at least the same physical and other security measures to protect all of the Seller’s Company Customer Information in its such Lender’s or the Agent’s possession or control as such Lender or the Buyer Agent uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Assignment and Assumption (Homebanc Corp)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAdministrative Agent, other than information independently obtained by the Buyer Administrative Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.830(b), the Buyer Administrative Agent and Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Seller’s Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAdministrative Agent’s or Buyers’ employees, agents or contractors or any third party not affiliated with the BuyerAdministrative Agent or Buyers. The Buyer Administrative Agent and Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the Administrative Agent’s or any Buyer’s activities, books and records by their Administrative Agent’s or such Buyer’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Administrative Agent’s rights and privileges under any Repurchase Document, the Transaction Documents or (c3) to carry out the Administrative Agent’s or any Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Administrative Agent and any Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Each Buyer and Administrative Agent shall take commercially reasonable steps to ensure that each Person to which the such Buyer or Administrative Agent intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerBuyers’ and Administrative Agent’s rights and privileges, or to carry out the such Buyer’s or Administrative Agent’s express obligations obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors). The Buyer Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Administrative Agent shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Confidential Disclosure Agreement (Rocket Companies, Inc.)

Privacy of Customer Information. The Seller’s Company Customer Information in the possession of the BuyerAgent, other than information independently obtained by the Buyer Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the SellerCompany. Except in accordance with this Section 16.89.8, the Buyer Agent shall not use any Seller’s Company Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Company Customer Information to any Person, including any of the BuyerAgent’s employees, agents or contractors or any third party not affiliated with the BuyerAgent. The Buyer Agent may use or disclose the Seller’s Company Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAgent’s activities, books and records by their the Agent’s regulatory authorities, (bii) to market or sell Purchased Loans or to enforce protect or exercise its the Agent’s, the Custodian’s and the Lenders’ rights under any Repurchase Document, and privileges or (ciii) to carry out the BuyerAgent’s, the Custodian’s and the Lenders’ express rights and obligations under this Agreement and the other Repurchase Documents Facilities Papers (including providing the Seller’s Company Customer Information to potential participants or Approved Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent may also use and disclose the Seller’s Company Customer Information as expressly permitted by the Seller Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent shall take commercially reasonable steps to ensure that each Person to which the Buyer Agent intends to disclose Seller’s Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Company Customer Information and to use or disclose such Seller’s Company Customer Information only to the extent necessary to protect or exercise the BuyerAgent’s, the Custodian’s and the Lenders’ rights and privileges, or to carry out the BuyerAgent’s, the Custodian’s and the Lenders’ express obligations obligations, under this Agreement and the other Repurchase Documents Facilities Papers (including providing the Seller’s Company Customer Information to potential participants or Approved Investors). The Buyer Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Company Customer Information pursuant to such program in the same manner as the Buyer Agent does so in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Agent shall use at least the same physical and other security measures to protect all of the Seller’s Company Customer Information in its possession the Agent’s possess on or control as the Buyer Agent uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Credit Agreement (Homebanc Corp)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the Buyer, other than information independently obtained by the Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.8Paragraph 29(b), the Buyer shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the Buyer’s employees, agents or contractors or any third party not affiliated with the Buyer. The Buyer may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the Buyer’s activities, books and records by their Buyer’s regulatory authorities, (bii) to market or sell Purchased Loans or to enforce protect or exercise its Buyer’s rights under any Repurchase Document, and privileges or (ciii) to carry out the Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer shall take commercially reasonable steps to ensure that each Person to which the Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Buyer’s rights and privileges, or to carry out the Buyer’s express obligations obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (Tree.com, Inc.)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAdministrative Agent or the Buyers, other than information independently obtained by the Buyer Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.816.9, the Buyer Administrative Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAdministrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Administrative Agent or a Buyer. The Buyer Administrative Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAdministrative Agent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (bii) to market or sell Purchased Mortgage Loans or to enforce or exercise its their rights under any Repurchase Document, (ciii) to carry out the BuyerAdministrative Agent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (div) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Administrative Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Administrative Agent and the Buyers shall ensure that each Person to which the Administrative Agent or a Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAdministrative Agents, the Buyers’ or the Custodian’s rights and privileges, or to carry out the BuyerAdministrative Agent’s, the Buyers’ and the Custodian’s express obligations obligations, under this Agreement and the other Repurchase Documents (including 66 providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Administrative Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR C.F.R. Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (Horton D R Inc /De/)

Privacy of Customer Information. The Seller’s Company Customer Information in the possession of the BuyerAgent, other than information independently obtained by the Buyer Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the SellerCompany. Except in accordance with this Section 16.8SECTION 9.8, the Buyer Agent shall not use any Seller’s Company Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Company Customer Information to any Person, including any of the Buyer’s Agent's employees, agents or contractors or any third party not affiliated with the BuyerAgent. The Buyer Agent may use or disclose the Seller’s Company Customer Information only to the extent necessary (ai) for examination and audit of the Buyer’s Agent's activities, books and records by their the Agent's regulatory authorities, (bii) to market or sell Purchased Loans or to enforce protect or exercise its the Agent's, the Custodian's and the Lenders' rights under any Repurchase Document, and privileges or (ciii) to carry out the Buyer’s Agent's, the Custodian's and the Lenders' express rights and obligations under this Agreement and the other Repurchase Documents Facilities Papers (including providing the Seller’s Company Customer Information to potential participants or Approved Investorsinvestors in the Company's Mortgage Loans), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent may also use and disclose the Seller’s Company Customer Information as expressly permitted by the Seller Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent shall take commercially reasonable steps to ensure that each Person to which the Buyer Agent intends to disclose Seller’s Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Company Customer Information and to use or disclose such Seller’s Company Customer Information only to the extent necessary to protect or exercise the Buyer’s Agent's, the Custodian's and the Lenders' rights and privileges, or to carry out the Buyer’s Agent's, the Custodian's and the Lenders' express obligations obligations, under this Agreement and the other Repurchase Documents Facilities Papers (including providing the Seller’s Company Customer Information to potential participants or Approved Investorsinvestors in the Company's Mortgage Loans). The Buyer agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Agent shall use at least the same physical and other security measures to protect all of the Seller’s Company Customer Information in its the Agent's possession or control as the Buyer Agent uses for its own customers' confidential and proprietary information.

Appears in 1 contract

Samples: Credit Agreement (Sunset Financial Resources Inc)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAgent or the Buyers, other than information independently obtained by the Buyer Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.824.6, the Buyer Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAgent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Agent or a Buyer. The Buyer Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (a) for examination and audit of the BuyerAgent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (b) to market or sell Purchased Mortgage Loans or to enforce or exercise its their rights under any Repurchase Document, (c) to carry out the BuyerAgent’s, the Buyers’, the Custodian’s and the Approved MBS Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (d) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent and the Buyers shall ensure that each Person to which the Agent or a Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAgent’s, the Buyers’, the Custodian’s and the Approved MBS Custodian’s rights and privileges, or to carry out the BuyerAgent’s, the Buyers’, the Custodian’s and the Approved MBS Custodian’s express obligations under this Agreement 101 Detroit\1205907\17\ and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (Pultegroup Inc/Mi/)

Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the Buyer, other than information independently obtained by the Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the related Seller. Except in accordance with this Section 16.828(b), the Buyer shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the Buyer’s employees, agents or contractors or any third party not affiliated with the Buyer. The Buyer may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the Buyer’s activities, books and records by their Buyer’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Buyer’s rights under any Repurchase Document, and privileges or (c3) to carry out the Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express 77 permission is in accordance with the Privacy Requirements. The Buyer shall take commercially reasonable steps to ensure that each Person to which the Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Buyer’s rights and privileges, or to carry out the Buyer’s express obligations obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors). The Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

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Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAdministrative Agent or the Buyers, other than information independently obtained by the Buyer Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.816.9, the Buyer Administrative Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAdministrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Administrative Agent or a Buyer. The Buyer Administrative Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAdministrative Agent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (bii) to market or sell Purchased Mortgage Loans or to enforce or exercise its their rights under any Repurchase Document, (ciii) to carry out the BuyerAdministrative Agent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (div) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Administrative Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Administrative Agent and the Buyers shall ensure that each Person to which the Administrative Agent or a Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAdministrative Agents, the Buyers’ or the Custodian’s rights and privileges, or to carry out the BuyerAdministrative Agent’s, the Buyers’ and the Custodian’s express obligations obligations, under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth Security at 00 XXX Xxxxxxxx X to Part 30 (the “Information Security Regulation”). In the event of actual or suspected unauthorized disclosure, loss, or unauthorized access to sensitive customer information (as defined in 12 CFR Parts 30the Information Security Regulation), 208Administrative Agent shall immediately, 211and in no event later than five (5) Business Days after discovery, 225notify Seller in writing and take appropriate, 263commercially reasonable, 308action to prevent further unauthorized disclosure, 364, 568 and 570loss or unauthorized access. Without limiting the scope of the foregoing sentence, the Buyer Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (Horton D R Inc /De/)

Privacy of Customer Information. The Seller’s Borrower's Customer Information in the possession of the BuyerLender, other than information independently obtained by the Buyer Lender and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the SellerBorrowers. Except in accordance with this Section 16.810.9, the Buyer Lender shall not use any Seller’s either Borrower's Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s either Borrower's Customer Information to any Person, including any of the Buyer’s Lender's employees, agents or contractors or any third party not affiliated with the BuyerLender. The Buyer Lender may use or disclose the Seller’s Borrower's Customer Information only to the extent necessary (ai) for examination and audit of the Buyer’s Lender's activities, books and records by their the Lender's regulatory authorities, (bii) to market or sell Purchased Loans or to enforce protect or exercise its rights under any Repurchase Document, the Lender's and the Custodian's and privileges or (ciii) to carry out the Buyer’s Lender's and the Custodian's express rights and obligations under this Agreement and the other Repurchase Documents Credit Papers (including providing the Seller’s Borrower's Customer Information to potential participants or Approved Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Lender may also use and disclose the Seller’s Borrower's Customer Information as expressly permitted by the Seller Borrowers in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Lender shall take commercially reasonable steps to ensure that each Person to which the Buyer Lender intends to disclose Seller’s Borrower's Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Borrower's Customer Information and to use or disclose such Seller’s Borrower's Customer Information only to the extent necessary to protect or exercise the Buyer’s Lender's and the Custodian's rights and privileges, or to carry out the Buyer’s Lender's and the Custodian's express obligations obligations, under this Agreement and the other Repurchase Documents Credit Papers (including providing the Seller’s Borrower's Customer Information to potential participants or Approved Investors). The Buyer agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Lender shall use at least the same physical and other security measures to protect all of the Seller’s Borrower's Customer Information in its the Lender's possession or control as the Buyer Lender uses for its own customers' confidential and proprietary information.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Fieldstone Investment Corp)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAdministrative Agent or the Buyers, other than information independently obtained by the Buyer Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.816.9, the Buyer Administrative Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAdministrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Administrative Agent or a Buyer. The Buyer Administrative Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAdministrative Agent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (bii) to market or sell Purchased Loans or to enforce or exercise its their rights under any Repurchase Document, (ciii) to carry out the BuyerAdministrative Agent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (div) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Administrative Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Administrative Agent and the Buyers shall ensure that each Person to which the Administrative Agent or a Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAdministrative Agents, the Buyers’ or the Custodian’s rights and privileges, or to carry out the BuyerAdministrative Agent’s, the Buyers’ and the Custodian’s express obligations obligations, under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth Security at 00 XXX Xxxxxxxx X to Part 30 (the “Information Security Regulation”). In the event of actual or suspected unauthorized disclosure, loss, or unauthorized access to sensitive customer information (as defined in 12 CFR Parts 30the Information Security Regulation), 208Administrative Agent shall immediately, 211and in no event later than five (5) Business Days after discovery, 225notify Seller in writing and take appropriate, 263commercially reasonable, 308action to prevent further unauthorized disclosure, 364, 568 and 570loss or unauthorized access. Without limiting the scope of the foregoing sentence, the Buyer Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (Horton D R Inc /De/)

Privacy of Customer Information. The Seller’s Company Customer Information in the possession of the BuyerAgent, other than information independently obtained by the Buyer Agent and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the SellerCompany. Except in accordance with this Section 16.89.8, the Buyer Agent shall not use any Seller’s Company Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Company Customer Information to any Person, including any of the BuyerAgent’s employees, agents or contractors or any third party not affiliated with the BuyerAgent. The Buyer Agent may use or disclose the Seller’s Company Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAgent’s activities, books and records by their the Agent’s regulatory authorities, (bii) to market or sell Purchased Loans or to enforce protect or exercise its the Agent’s, the Custodian’s and the Lenders’ rights under any Repurchase Document, and privileges or (ciii) to carry out the BuyerAgent’s, the Custodian’s and the Lenders’ express rights and obligations under this Agreement and the other Repurchase Documents Facilities Papers (including providing the Seller’s Company Customer Information to potential participants or Approved Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent may also use and disclose the Seller’s Company Customer Information as expressly permitted by the Seller Company in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent shall take commercially reasonable steps to ensure that each Person to which the Buyer Agent intends to disclose Seller’s Company Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Company Customer Information and to use or disclose such Seller’s Company Customer Information only to the extent necessary to protect or exercise the BuyerAgent’s, the Custodian’s and the Lenders’ rights and privileges, or to carry out the BuyerAgent’s, the Custodian’s and the Lenders’ express obligations obligations, under this Agreement and the other Repurchase Documents Facilities Papers (including providing the Seller’s Company Customer Information to potential participants or Approved Investors). The Buyer Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Company Customer Information pursuant to such program in the same manner as the Buyer Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Agent shall use at least the same physical and other security measures to protect all of the Seller’s Company Customer Information in its the Agent’s possession or control as the Buyer Agent uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Credit Agreement (E Loan Inc)

Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the Buyer, other than information independently obtained by the Buyer Xxxxx and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.828(b), the Buyer shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the Buyer’s employees, agents or contractors or any third party not affiliated with the Buyer. The Buyer may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the Buyer’s activities, books and records by their Buyer’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Buyer’s rights under any Repurchase Document, and privileges or (c3) to carry out the Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer shall take commercially reasonable steps to ensure that each Person to which the Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Buyer’s rights and privileges, or to carry out the Buyer’s express obligations obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors). The Buyer Xxxxx agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner 72 set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (loanDepot, Inc.)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAgent or the Buyers, other than information independently obtained by the Buyer Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.816.9, the Buyer Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAgent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Agent or a Buyer. The Buyer Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAgent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (bii) to market or sell Purchased Mortgage Loans or to enforce or exercise its their rights under any Repurchase Document, (ciii) to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (div) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent and the Buyers shall ensure that each Person to which the Agent or a Buyer intends to disclose the Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAgent’s, the Buyers’ or the Custodian’s rights and privileges, or to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express obligations obligations, under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (MDC Holdings Inc)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAgent or the Buyers, other than information independently obtained by the Buyer Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.824.6, the Buyer Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAgent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Agent or a Buyer. The Buyer Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (a) for examination and audit of the BuyerAgent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (b) to market or sell Purchased Mortgage Loans or to enforce or exercise its their rights under any Repurchase Document, (c) to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (d) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent and the Buyers shall ensure that each Person to which the Agent or a Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAgent’s, the Buyers’ or the Custodian’s rights and privileges, or to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (Pulte Homes Inc/Mi/)

Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the Buyer, other than information independently obtained by the Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.829(b), the Buyer shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the Buyer’s employees, agents or contractors or any third party not affiliated with the Buyer. The Buyer may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the Buyer’s activities, books and records by their Buyer’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Buyer’s rights under any Repurchase Document, and privileges or (c3) to carry out the Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer shall take commercially reasonable steps to ensure that each Person to which the Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Buyer’s rights and privileges, or to carry out the Buyer’s express obligations obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors). The Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (Guild Holdings Co)

Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the Buyer, other than information independently obtained by the Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.828(b), the Buyer shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the Buyer’s employees, agents or contractors or any third party not affiliated with Buyer and shall otherwise comply with the BuyerPrivacy Requirements, including without limitation the GLB Act. The Buyer may use or disclose the Seller’s Customer Information only to the extent necessary (a1) for examination and audit of the Buyer’s activities, books and records by their Buyer’s regulatory authorities, (b2) to market or sell Purchased Loans or to enforce protect or exercise its Buyer’s rights under any Repurchase Document, and privileges or (c3) to carry out the Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer shall take commercially reasonable steps to ensure that each Person to which the Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Buyer’s rights and privileges, or to carry out the Buyer’s express obligations obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors). The Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its possession or control as the Buyer it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (AmeriHome, Inc.)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAgent or the Buyers, other than information independently obtained by the Buyer Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.816.9, the Buyer Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAgent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Agent or a Buyer. The Buyer Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAgent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (bii) to market or sell Purchased Loans or to enforce or exercise its their rights under any Repurchase Document, (ciii) to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (div) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent and the Buyers shall ensure that each Person to which the Agent or a Buyer intends to disclose the Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAgent’s, the Buyers’ or the Custodian’s rights and privileges, or to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express obligations obligations, under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (MDC Holdings Inc)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAgent or the Buyers, other than information independently obtained by the Buyer Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.816.9, the Buyer Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAgent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Agent or a Buyer. The Buyer Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAgent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (bii) to market or sell Purchased Mortgage Loans or to enforce or exercise its their rights under any Repurchase Document, (ciii) to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (div) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent and the Buyers shall ensure that each Person to which the Agent or a Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAgent’s, the Buyers’ or the Custodian’s rights and privileges, or to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express obligations obligations, under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth Security at 00 XXX Xxxxxxxx X to Part 30 (the “Information Security Regulation”). In the event of actual or suspected unauthorized disclosure, loss, or unauthorized access to sensitive customer information (as defined in 12 CFR Parts 30the Information Security Regulation), 208Agent shall immediately, 211and in no event later than five (5) Business Days after discovery, 225notify Seller in writing and take appropriate, 263commercially reasonable, 308action to prevent further unauthorized disclosure, 364, 568 and 570loss or unauthorized access. Without limiting the scope of the foregoing sentence, the Buyer Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (NVR Inc)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the BuyerAgent or the Buyers, other than information independently obtained by the Buyer Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.816.9, the Buyer Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the BuyerAgent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Agent or a Buyer. The Buyer Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the BuyerAgent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (bii) to market or sell Purchased Mortgage Loans or to enforce or exercise its their rights under any Repurchase Document, (ciii) to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors), or (div) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer Agent and the Buyers shall ensure that each Person to which the Agent or a Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the BuyerAgents, the Buyers’ or the Custodian’s rights and privileges, or to carry out the BuyerAgent’s, the Buyers’ and the Custodian’s express obligations obligations, under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (NVR Inc)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the Buyer, other than information independently obtained by the Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.8Paragraph 22(b), the Buyer shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the Buyer’s employees, agents or contractors or any third party not affiliated with the Buyer. The Buyer may use or disclose the Seller’s Customer Information only to the extent necessary (ai) for examination and audit of the Buyer’s activities, books and records by their Buyer’s regulatory authorities, (bii) to market or sell Purchased Loans or to enforce protect or exercise its Buyer’s rights under any Repurchase Document, and privileges or (ciii) to carry out the Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Takeout Investors), or (d) in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Buyer shall take commercially reasonable steps to ensure that each Person to which the Buyer intends to disclose Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Buyer’s rights and privileges, or to carry out the Buyer’s express obligations obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to potential participants or Approved Investors). The Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Buyer does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Buyer shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in its their possession or control as the Buyer each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (Pulte Homes Inc/Mi/)

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