Common use of Successors and Assigns; Assignment of Purchase Agreement Clause in Contracts

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Seller, the Purchaser, the Trust, the Indenture Trustee, and the Credit Enhancer. The obligations of the Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser and the Credit Enhancer, except that the Seller may assign its obligations under this Agreement to any person into which the Seller is merged or any corporation resulting from any merger, conversion, or consolidation to which the Seller is a party or any person succeeding to the business of the Seller. The Purchaser is acquiring the Mortgage Loans to further transfer them to the Trust, and the Trust will Grant a Security Interest in them to the Indenture Trustee under the Indenture pursuant to which the Trust will issue a series of Notes secured by the Mortgage Loans. As an inducement to the Purchaser to purchase the Mortgage Loans, the Seller consents to the assignment by the Purchaser to the Trust, and by the Trust to the Indenture Trustee of all of the Purchaser's rights against the Seller under this Agreement insofar as they relate to Mortgage Loans transferred to the Trust and to the enforcement or exercise of any right against the Seller pursuant to this Agreement by the Indenture Trustee under the Sale and Servicing Agreement and the Indenture. Enforcement of a right by the Indenture Trustee shall have the same effect as if the right had been exercised by the Purchaser directly.

Appears in 34 contracts

Samples: Purchase Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-L), Purchase Agreement (CWABS Revolving Home Equity Loan Trust Series, 2004-R), Purchase Agreement (CWABS Revolving Home Equity Loan Trust, Series 2004-D)

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Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Seller, the Purchaser, the Trust, the Indenture Trustee, Purchaser and the Credit EnhancerTrustee. The obligations of the Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser and which consent shall be at the Credit EnhancerPurchaser's sole discretion, except that the Purchaser acknowledges and agrees that the Seller may assign its obligations under this Agreement hereunder to any person Person into which the Seller is merged or any corporation resulting from any merger, conversion, conversion or consolidation to which the Seller is a party or any person Person succeeding to the business of the Seller. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans to further transfer for the purpose of contributing them to the Trust, and the Trust will Grant a Security Interest in them to the Indenture Trustee under the Indenture pursuant to which the Trust trust that will issue a series of Notes secured by the Certificates representing undivided interests in such Mortgage Loans. As an inducement to the Purchaser to purchase the Mortgage Loans, the Seller acknowledges and consents to the assignment by the Purchaser to the Trust, and by the Trust to the Indenture Trustee of all of the Purchaser's rights against the Seller under pursuant to this Agreement insofar as they such rights relate to Mortgage Loans transferred to the Trust Trustee and to the enforcement or exercise of any right or remedy against the Seller pursuant to this Agreement by the Indenture Trustee under the Sale and Servicing Agreement and the IndentureTrustee. Enforcement Such enforcement of a right or remedy by the Indenture Trustee shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 21 contracts

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2004-Ff5), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2003-FFC), Pooling and Servicing Agreement (Financial Asset Sec Corp Asset Backed Certs Ser 2003-1)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Seller, the Purchaser, the Trust, the Indenture Trustee, Purchaser and the Credit EnhancerTrustee. The obligations of the Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser and which consent shall be at the Credit EnhancerPurchaser’s sole discretion, except that the Purchaser acknowledges and agrees that the Seller may assign its obligations under this Agreement hereunder to any person Person into which the Seller is merged or any corporation resulting from any merger, conversion, conversion or consolidation to which the Seller is a party or any person Person succeeding to the business of the Seller. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans to further transfer and the rights of the Seller under the Servicing Agreement for the purpose of contributing them to the Trust, and the Trust will Grant a Security Interest in them to the Indenture Trustee under the Indenture pursuant to which the Trust trust that will issue a series of Notes secured by the Certificates representing undivided interests in such Mortgage Loans. As an inducement to the Purchaser to purchase the Mortgage Loans, the Seller acknowledges and consents to the assignment by the Purchaser to the Trust, and by the Trust to the Indenture Trustee of all of the Purchaser's ’s rights against the Seller under pursuant to this Agreement insofar as they such rights relate to Mortgage Loans transferred to the Trust Trustee and to the enforcement or exercise of any right or remedy against the Seller pursuant to this Agreement by the Indenture Trustee under the Sale and Servicing Agreement and the IndentureTrustee. Enforcement Such enforcement of a right or remedy by the Indenture Trustee shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 13 contracts

Samples: Mortgage Loan Purchase Agreement (HarborView 2007-1), Mortgage Loan Purchase Agreement (HarborView 2006-12), Mortgage Loan Purchase Agreement (HarborView 2006-11)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the each Seller, the Purchaser, the Trust, the Indenture Trustee, and the Credit Enhancer. The obligations of the each Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser and the Credit Enhancer, except that the either Seller may assign its obligations under this Agreement to any person into which the that Seller is merged or any corporation resulting from any merger, conversion, or consolidation to which the that Seller is a party or any person succeeding to the business of the that Seller. The Purchaser is acquiring the Mortgage Loans to further transfer them to the Trust, and the Trust will Grant a Security Interest in them to the Indenture Trustee under the Indenture pursuant to which the Trust will issue a series of Notes secured by the Mortgage Loans. As an inducement to the Purchaser to purchase the Mortgage Loans, the each Seller consents to the assignment by the Purchaser to the Trust, and by the Trust to the Indenture Trustee of all of the Purchaser's rights against the Seller it under this Agreement insofar as they relate to the Mortgage Loans transferred to the Trust applicable to that Seller and to the enforcement or exercise of any right against the that Seller pursuant to this Agreement by the Indenture Trustee under the Sale and Servicing Agreement and the Indenture. Enforcement of a right by the Indenture Trustee shall have the same effect as if the right had been exercised by the Purchaser directly.

Appears in 12 contracts

Samples: Purchase Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-B), Purchase Agreement (CWHEQ Revolving Home Equity Loan Asset Backed Notes, Series 2005-C), Purchase Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2005-L)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Seller, the Purchaser, the Trust, the Indenture Trustee, Purchaser and the Credit EnhancerTrustee. The obligations of the Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser and which consent shall be at the Credit EnhancerPurchaser’s sole discretion, except that the Purchaser acknowledges and agrees that the Seller may assign its obligations under this Agreement hereunder to any person Person into which the Seller is merged or any corporation resulting from any merger, conversion, conversion or consolidation to which the Seller is a party or any person Person succeeding to the business of the Seller. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans to further transfer and the rights of the Seller under the Servicing Agreements for the purpose of contributing them to the Trust, and the Trust will Grant a Security Interest in them to the Indenture Trustee under the Indenture pursuant to which the Trust trust that will issue a series of Notes secured by the Certificates representing undivided interests in such Mortgage Loans. As an inducement to the Purchaser to purchase the Mortgage Loans, the Seller acknowledges and consents to the assignment by the Purchaser to the Trust, and by the Trust to the Indenture Trustee of all of the Purchaser's ’s rights against the Seller under pursuant to this Agreement insofar as they such rights relate to Mortgage Loans transferred to the Trust Trustee and to the enforcement or exercise of any right or remedy against the Seller pursuant to this Agreement by the Indenture Trustee under the Sale and Servicing Agreement and the IndentureTrustee. Enforcement Such enforcement of a right or remedy by the Indenture Trustee shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 10 contracts

Samples: Mortgage Loan Purchase Agreement (Mortgage Loan Pass-Through Certificates Series 2003-1), Mortgage Loan Purchase Agreement (Thornburg Mortgage Securities Trust 2004-2), Mortgage Loan Purchase Agreement (Greenwich Capital Acceptance Inc Thorn Mort Sec Tr 2003-1)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the each Seller, the Purchaser, the Trust, the Indenture Trustee, and the Credit Enhancer. The obligations of the each Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser and the Credit Enhancer, except that the any Seller may assign its obligations under this Agreement to any person into which the that Seller is merged or any corporation resulting from any merger, conversion, or consolidation to which the that Seller is a party or any person succeeding to the business of the that Seller. The Purchaser is acquiring the Mortgage Loans to further transfer them to the Trust, and the Trust will Grant a Security Interest in them to the Indenture Trustee under the Indenture pursuant to which the Trust will issue a series of Notes secured by the Mortgage Loans. As an inducement to the Purchaser to purchase the Mortgage Loans, the each Seller consents to the assignment by the Purchaser to the Trust, and by the Trust to the Indenture Trustee of all of the Purchaser's rights against the Seller it under this Agreement insofar as they relate to the Mortgage Loans transferred to the Trust applicable to that Seller and to the enforcement or exercise of any right against the that Seller pursuant to this Agreement by the Indenture Trustee under the Sale and Servicing Agreement and the Indenture. Enforcement of a right by the Indenture Trustee shall have the same effect as if the right had been exercised by the Purchaser directly.

Appears in 10 contracts

Samples: Purchase Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-B), Purchase Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-B), Purchase Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2006-I)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Seller, the Purchaser, the Trust, the Indenture Trustee, Purchaser and the Credit EnhancerTrustee. The obligations of the Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser and which consent shall be at the Credit EnhancerPurchaser’s sole discretion, except that the Purchaser acknowledges and agrees that the Seller may assign its obligations under this Agreement hereunder to any person Person into which the Seller is merged or any corporation resulting from any merger, conversion, conversion or consolidation to which the Seller is a party or any person Person succeeding to the business of the Seller. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans to further transfer for the purpose of contributing them to the Trust, and the Trust will Grant a Security Interest in them to the Indenture Trustee under the Indenture pursuant to which the Trust trust that will issue a series of Notes secured by the Certificates representing undivided interests in such Mortgage Loans. As an inducement to the Purchaser to purchase the Mortgage Loans, the Seller acknowledges and consents to the assignment by the Purchaser to the Trust, and by the Trust to the Indenture Trustee of all of the Purchaser's ’s rights against the Seller under pursuant to this Agreement insofar as they such rights relate to Mortgage Loans transferred to the Trust Trustee and to the enforcement or exercise of any right or remedy against the Seller pursuant to this Agreement by the Indenture Trustee under the Sale and Servicing Agreement and the IndentureTrustee. Enforcement Such enforcement of a right or remedy by the Indenture Trustee shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 8 contracts

Samples: Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ffh3), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2005-Ffh3), Pooling and Servicing Agreement (First Franklin Mortgage Loan Trust 2006-Ff16)

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Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Seller, the Purchaser, the Trust, the Indenture Trustee, Purchaser and the Credit EnhancerTrustee. The obligations of the Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser and which consent shall be at the Credit EnhancerPurchaser’s sole discretion, except that the Purchaser acknowledges and agrees that the Seller may assign its obligations under this Agreement hereunder to any person Person into which the Seller is merged or any corporation resulting from any merger, conversion, conversion or consolidation to which the Seller is a party or any person Person succeeding to the business of the Seller. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans to further transfer and the rights of the Seller under the Servicing Agreements and the Assignment Agreements for the purpose of contributing them to the Trust, and the Trust will Grant a Security Interest in them to the Indenture Trustee under the Indenture pursuant to which the Trust trust that will issue a series of Notes secured by the Certificates representing undivided interests in such Mortgage Loans. As an inducement to the Purchaser to purchase the Mortgage Loans, the Seller acknowledges and consents to the assignment by the Purchaser to the Trust, and by the Trust to the Indenture Trustee of all of the Purchaser's ’s rights against the Seller under pursuant to this Agreement insofar as they such rights relate to Mortgage Loans transferred to the Trust Trustee and to the enforcement or exercise of any right or remedy against the Seller pursuant to this Agreement by the Indenture Trustee under the Sale and Servicing Agreement and the IndentureTrustee. Enforcement Such enforcement of a right or remedy by the Indenture Trustee shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 6 contracts

Samples: Mortgage Loan Purchase Agreement (HarborView 2007-2), Mortgage Loan Purchase Agreement (HarborView 2006-14), Mortgage Loan Purchase Agreement (Harborview 2006-Bu1)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Seller, the Purchaser, the Trust, the Indenture Trustee, and the Credit Enhancer. The obligations of the Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser and the Credit Enhancer, except that the Seller may assign its obligations under this Agreement to any person into which the Seller is merged or any corporation resulting from any merger, conversion, or consolidation to which the Seller is a party or any person succeeding to the business of the Seller. The Purchaser is acquiring the Mortgage Loans to further transfer them to the Trust, and the Trust will Grant a Security Interest in them to the Indenture Trustee under the Indenture pursuant to which the Trust will issue a series of Notes secured by the Mortgage Loans. As an inducement to the Purchaser to purchase the Mortgage Loans, the Seller consents to the assignment by the Purchaser to the Trust, and by the Trust to the Indenture Trustee of all of the Purchaser's rights against the Seller under this Agreement insofar as they relate to Mortgage Loans transferred to the Trust and to the enforcement or exercise of any right against the Seller pursuant to this Agreement by the Indenture Trustee under the Sale and Servicing Agreement and the Indenture. Enforcement of a right by the Indenture Trustee shall have the same effect as if the right had been exercised by the Purchaser directly.

Appears in 3 contracts

Samples: Purchase Agreement (Cwabs Inc Revolving Home Eq Loan Asset BKD Notes Ser 2001-B), Purchase Agreement (Cwabs Inc), Purchase Agreement (Cwabs Inc)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the each Seller, the Purchaser, the Trust, the Indenture Trustee, and the Credit Enhancer. The obligations of the each Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser and the Credit Enhancer, except that the any Seller may assign its obligations under this Agreement to any person into which the that Seller is merged or any corporation resulting from any merger, conversion, or consolidation to which the that Seller is a party or any person succeeding to the business of the that Seller. The Purchaser is acquiring the Mortgage Loans to further transfer them to the Trust, and the Trust will Grant a Security Interest in them to the Indenture Trustee under the Indenture pursuant to which the Trust will issue a series of Notes secured by the Mortgage Loans. As an inducement to the Purchaser to purchase the Mortgage Loans, the each Seller consents to the assignment by the Purchaser to the Trust, and by the Trust to the Indenture Trustee of all of the Purchaser's ’s rights against the Seller it under this Agreement insofar as they relate to the Mortgage Loans transferred to the Trust applicable to that Seller and to the enforcement or exercise of any right against the that Seller pursuant to this Agreement by the Indenture Trustee under the Sale and Servicing Agreement and the Indenture. Enforcement of a right by the Indenture Trustee shall have the same effect as if the right had been exercised by the Purchaser directly.

Appears in 2 contracts

Samples: Purchase Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-D), Purchase Agreement (CWHEQ Revolving Home Equity Loan Trust, Series 2007-E)

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