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 Sellers, the Purchaser and their respective successors and assigns. The obligations of the Sellers under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser, which consent shall be at the Purchaser’s sole discretion. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans for the purpose of assigning the Mortgage Loans to the Trustee, on behalf of the Trust Fund, for the benefit of the Certificateholders. As an inducement to the Purchaser to purchase the Mortgage Loans, each Seller acknowledges and consents to the assignment by the Purchaser to the Trustee, on behalf of the Trust Fund of all of the Purchaser’s rights against the Sellers pursuant to this Agreement and to the enforcement or exercise of any right or remedy against the Sellers pursuant to this Agreement by the Purchaser. Such enforcement of a right or remedy by the Trustee, on behalf of the Trust Fund, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 9 contracts

Samples: Pooling and Servicing Agreement (PHHMC Mortgage Pass-Through Certificates, Series 2005-3), Pooling and Servicing Agreement (PHHMC Series 2006-3 Trust), Pooling and Servicing Agreement (PHHMC Mortgage Pass-Through Certificates, Series 2005-5)

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Successors and Assigns; Assignment of Purchase Agreement. This Purchase Agreement shall bind and inure to the benefit of and be enforceable by the SellersSeller, the Purchaser Company, the Trustee, the Custodian, and their respective successors and assigns. The obligations of the Sellers Seller under this Purchase Agreement cannot be assigned or delegated to a third party without the consent of the PurchaserCompany, which consent shall be at the PurchaserCompany’s sole discretion. The parties hereto acknowledge that (i) the Purchaser Company is acquiring the Initial Mortgage Loans for the purpose of assigning the Mortgage Loans selling them to the Trustee, on behalf who will hold the Initial Mortgage Loans in trust for the benefit of the Trust FundCertificateholders and (ii) the Company is acquiring the Subsequent Mortgage Loans for the purpose of selling them to the Trustee, who will hold the Subsequent Mortgage Loans for the benefit of the Certificateholders. As an inducement to the Purchaser Company and the Trustee to purchase the Mortgage Loans, each the Seller acknowledges and consents to (i) the assignment by the Purchaser Company to the Trustee, on behalf of the Trust Fund Trustee of all of the PurchaserCompany’s rights or remedies against the Sellers Seller pursuant to this Purchase Agreement and to (ii) the enforcement or exercise of any right or remedy rights against the Sellers Seller pursuant to this Purchase Agreement by the PurchaserCompany and the Trustee. Such enforcement of a right or remedy by the Trustee, on behalf of the Trust Fund, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser Company directly.

Appears in 7 contracts

Samples: Mortgage Loan Purchase Agreement (NovaStar Mortgage Funding Trust, Series 2004-3), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Corp), Mortgage Loan Purchase Agreement (NovaStar Mortgage Funding Trust, Series 2005-2)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the SellersSeller, the Purchaser and their respective successors and assigns. The obligations of the Sellers Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser, which consent shall be at the Purchaser’s 's sole discretion. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans for the purpose of assigning the Mortgage Loans to the Indenture Trustee, on behalf of the Trust Fund, for the benefit of the Noteholders and Certificateholders. As an inducement to the Purchaser to purchase the Mortgage Loans, each the Seller acknowledges and consents to the assignment by the Purchaser to the Trustee, on behalf of the Trust Fund of all of the Purchaser’s 's rights against the Sellers Seller pursuant to this Agreement and to the enforcement or exercise of any right or remedy against the Sellers Seller pursuant to this Agreement by the Purchaser. Such enforcement of a right or remedy by the Indenture Trustee, on behalf of the Trust Fund, 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: Sale and Servicing Agreement (MortgageIT Trust 2005-5, Mortgage-Backed Notes, Series 2005-5), Sale and Servicing Agreement (MORTGAGEIT TRUST 2005-4, Mortgage-Backed Notes, Series 2005-4), Mortgage Loan Purchase Agreement (MortgageIT Trust 2005-5, Mortgage-Backed Notes, Series 2005-5)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Sellers, Seller and the Purchaser and their respective successors and assigns. The obligations of the Sellers Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser, which consent shall be at the Purchaser’s sole discretion. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans for the purpose of assigning the Mortgage Loans to the Indenture Trustee, on behalf of the Trust FundTrust, for the benefit of the Noteholders and Certificateholders. As an inducement to the Purchaser to purchase the Mortgage Loans, each the Seller acknowledges and consents to the assignment by the Purchaser to the Indenture Trustee, on behalf of the Trust Fund Trust, of all of the Purchaser’s rights against the Sellers Seller pursuant to this Agreement and to the enforcement or exercise of any right or remedy against the Sellers Seller pursuant to this Agreement by the Purchaser. Such enforcement of a right or remedy by the Indenture Trustee, on behalf of the Trust FundTrust, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 4 contracts

Samples: Mortgage Loan Purchase Agreement (Peoples Choice Home Loan Securities Trust Series 2005-3), Mortgage Loan Purchase Agreement (Peoples Choice Home Loan Securities Trust Series 2005-4), Mortgage Loan Purchase Agreement (Peoples Choice Home Loan Securities Trust Series 2005-2)

Successors and Assigns; Assignment of Purchase Agreement. This Purchase Agreement shall bind and inure to the benefit of and be enforceable by the SellersSponsor, the Purchaser Depositor, the Trustee, the Custodian, and their respective successors and assigns. The obligations of the Sellers Sponsor under this Purchase Agreement cannot be assigned or delegated to a third party without the consent of the PurchaserDepositor, which consent shall be at the PurchaserDepositor’s sole discretion. The parties hereto acknowledge that (i) the Purchaser Depositor is acquiring the Mortgage Loans for the purpose of assigning the Mortgage Loans selling them to the Trustee, on behalf of who will hold the Trust Fund, Mortgage Loans in trust for the benefit of the Certificateholders. As an inducement to the Purchaser Depositor and the Trustee to purchase the Mortgage Loans, each Seller the Sponsor acknowledges and consents to (i) the assignment by the Purchaser Depositor to the Trustee, on behalf of the Trust Fund Trustee of all of the PurchaserDepositor’s rights or remedies against the Sellers Sponsor pursuant to this Purchase Agreement and to (ii) the enforcement or exercise of any right or remedy rights against the Sellers Sponsor pursuant to this Purchase Agreement by the PurchaserDepositor and the Trustee. Such enforcement of a right or remedy by the Trustee, on behalf of the Trust Fund, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser Depositor directly.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (NovaStar Certificates Financing CORP), Mortgage Loan Purchase Agreement (NovaStar Certificates Financing CORP), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust, Series 2007-1)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the SellersSeller, the Purchaser and their respective successors and assigns. The obligations of the Sellers Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser, which consent shall be at the Purchaser’s 's sole discretion. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans for the purpose of assigning the Mortgage Loans to the Trustee, on behalf of the Trust Fund, for the benefit of the Certificateholders. As an inducement to the Purchaser to purchase the Mortgage Loans, each the Seller acknowledges and consents to the assignment by the Purchaser to the Trustee, on behalf of the Trust Fund of all of the Purchaser’s 's rights against the Sellers Seller pursuant to this Agreement and to the enforcement or exercise of any right or remedy against the Sellers Seller pursuant to this Agreement by the Purchaser. Such enforcement of a right or remedy by the Trustee, on behalf of the Trust Fund, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2004-6), Pooling and Servicing Agreement (Homestar Mortgage Acceptance Corp Asset-Backed Pass-Through Certificates, Series 2004-4), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-1)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the SellersSeller, the Purchaser Purchaser, and their respective successors and assigns. The obligations of the Sellers Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser, which consent shall be at the Purchaser’s sole discretion. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans for the purpose of assigning the Mortgage Loans to the Trustee, on behalf of the Trust Fund, for the benefit of the Certificateholders. As an inducement to the Purchaser to purchase the Mortgage Loans, each the Seller acknowledges and consents to the assignment by the Purchaser to the Trustee, on behalf of the Trust Fund of all of the Purchaser’s rights against the Sellers Seller pursuant to this Agreement and to the enforcement or exercise of any right or remedy against the Sellers Seller pursuant to this Agreement by the Purchaser. Such enforcement of a right or remedy by the Trustee, on behalf of the Trust Fund, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.. [Signature Page Follows]

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-5), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp. Asset-Backed Pass-Through Certificates, Series 2005-4), Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, Series 2005-3)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Sellers, the Purchaser and their respective successors and assigns. The obligations of the Sellers under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser, which consent shall be at the Purchaser’s 's sole discretion. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans for the purpose of assigning the Mortgage Loans to the Trustee, on behalf of the Trust Fund, for the benefit of the Certificateholders. As an inducement to the Purchaser to purchase the Mortgage Loans, each Seller acknowledges and consents to the assignment by the Purchaser to the Trustee, on behalf of the Trust Fund of all of the Purchaser’s 's rights against the Sellers pursuant to this Agreement and to the enforcement or exercise of any right or remedy against the Sellers pursuant to this Agreement by the Purchaser. Such enforcement of a right or remedy by the Trustee, on behalf of the Trust Fund, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (CDMC Mortgage Pass-Through Certificates, Series 2005-1), Pooling and Servicing Agreement (PHH Mortgage Capital LLC), Pooling and Servicing Agreement (PHHMC Mortgage Pass-Through Certificates, Series 2005-2)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the SellersSeller, the Purchaser Purchaser, and their respective successors and assigns. The obligations of the Sellers Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser, which consent shall be at the Purchaser’s 's sole discretion. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans for the purpose of assigning the Mortgage Loans to the Trustee, on behalf of the Trust Fund, for the benefit of the Certificateholders. As an inducement to the Purchaser to purchase the Mortgage Loans, each the Seller acknowledges and consents to the assignment by the Purchaser to the Trustee, on behalf of the Trust Fund of all of the Purchaser’s 's rights against the Sellers Seller pursuant to this Agreement and to the enforcement or exercise of any right or remedy against the Sellers Seller pursuant to this Agreement by the Purchaser. Such enforcement of a right or remedy by the Trustee, on behalf of the Trust Fund, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.. [Signature Page Follows]

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance Corp Asset Backed Pass-Through Certificates, 2005-2)

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Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind Seller and the Purchaser and inure to the benefit of and be enforceable by Seller, and the SellersPurchaser, together with the Purchaser and their respective successors and assignsLender as a third party beneficiary. The obligations of the Sellers Seller under this Agreement cannot be assigned or delegated to a third party without the consent of each of the PurchaserPurchaser and the Lender, which consent shall be at the Purchaser’s each such Person's sole discretion. The parties hereto acknowledge that the Purchaser is acquiring will borrow under the Mortgage Loans for the purpose of assigning the Mortgage Loans to the TrusteeLoan Agreement, on behalf of the Trust Fund, for the benefit of the Certificateholderswith its obligations thereunder secured by such Assets. As an inducement to the Purchaser to purchase the Mortgage LoansAssets and to the Lender to enter into the Loan Agreement with the Purchaser, each Seller acknowledges and consents to the assignment by the Purchaser to the Trustee, on behalf of the Trust Fund Lender of all of the Purchaser’s 's rights against the Sellers Seller pursuant to this Agreement and to the enforcement or exercise of any right or remedy against the Sellers Seller pursuant to this Agreement by the PurchaserPurchaser or the Lender. Such enforcement of a right or remedy by the Trustee, on behalf of Purchaser or the Trust FundLender, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 1 contract

Samples: Asset Purchase Agreement (American Business Financial Services Inc /De/)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Sellers, Seller and the Purchaser and their respective successors and assigns. The obligations of the Sellers Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser, which consent shall be at the Purchaser’s 's sole discretion. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans for the purpose of assigning the Mortgage Loans to the Trustee, on behalf of the Trust Fund, for the benefit of the Certificateholders. As an inducement to the Purchaser to purchase the Mortgage Loans, each the Seller acknowledges and consents to the assignment by the Purchaser to the Trustee, on behalf of the Trust Fund of all of the Purchaser’s 's rights against the Sellers Seller pursuant to this Agreement and to the enforcement or exercise of any right or remedy against the Sellers Seller pursuant to this Agreement by the Purchaser. Such enforcement of a right or remedy by the Trustee, on behalf of the Trust Fund, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 1 contract

Samples: Custodial Agreement (Peoples Choice Home Loan Securities Trust Series 2004-2)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind and inure to the benefit of and be enforceable by the Sellers, Seller and the Purchaser and their respective successors and assigns. The obligations of the Sellers Seller under this Agreement cannot be assigned or delegated to a third party without the consent of the Purchaser, which consent shall be at the Purchaser’s sole discretion. The parties hereto acknowledge that the Purchaser is acquiring the Mortgage Loans for the purpose of assigning the Mortgage Loans to the Trustee, on behalf of the Trust FundTrust, for the benefit of the Certificateholders. As an inducement to the Purchaser to purchase the Mortgage Loans, each the Seller acknowledges and consents to the assignment by the Purchaser to the Trustee, on behalf of the Trust Fund Trust, of all of the Purchaser’s rights against the Sellers Seller pursuant to this Agreement and to the enforcement or exercise of any right or remedy against the Sellers Seller pursuant to this Agreement by the Purchaser. Such enforcement of a right or remedy by the Trustee, on behalf of the Trust FundTrust, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (People's Financial Realty Mortgage Securities 2006-1)

Successors and Assigns; Assignment of Purchase Agreement. This Agreement shall bind each Seller and the Purchaser and inure to the benefit of and be enforceable by each Seller and the SellersPurchaser, together with the Purchaser and their respective successors and assignsLender as a third party beneficiary. The obligations of the Sellers under this Agreement cannot be assigned or delegated to a third party without the consent of each of the PurchaserPurchaser and the Lender, which consent shall be at the Purchaser’s each such Person's sole discretion. The parties hereto acknowledge that the Purchaser is acquiring will borrow under the Mortgage Loans for Loan Agreement, with its obligations thereunder secured by the purpose of assigning the Mortgage Loans to the Trustee, on behalf of the Trust Fund, for the benefit of the CertificateholdersAssets. As an inducement to the Purchaser to purchase the Mortgage LoansAssets and to the Lender to enter into the Loan Agreement with the Purchaser, each Seller acknowledges and consents to the assignment by the Purchaser to the Trustee, on behalf of the Trust Fund Lender of all of the Purchaser’s 's rights against the Sellers pursuant to this Agreement and to the enforcement or exercise of any right or remedy against the Sellers pursuant to this Agreement by the PurchaserPurchaser or the Lender. Such enforcement of a right or remedy by the Trustee, on behalf of Purchaser or the Trust FundLender, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser directly.

Appears in 1 contract

Samples: Asset Purchase Agreement (American Business Financial Services Inc /De/)

Successors and Assigns; Assignment of Purchase Agreement. This Purchase Agreement shall bind and inure to the benefit of and be enforceable by the SellersSeller, the Purchaser Company, the Trustee, the Certificate Administrator, the Custodian and their respective successors and assigns. The obligations of the Sellers Seller under this Purchase Agreement cannot be assigned or delegated to a third party without the consent of the PurchaserCompany, which consent shall be at the Purchaser’s sole Company's discretion. The parties hereto acknowledge that (i) the Purchaser Company is acquiring the Initial Mortgage Loans for the purpose of assigning the Mortgage Loans selling them to the Trustee, on behalf who will hold the Initial Mortgage Loans for the benefit of the Trust FundCertificateholders and (ii) the Company is acquiring the Subsequent Mortgage Loans for the purpose of selling them to the Trustee, who will hold the Subsequent Mortgage Loans for the benefit of the Certificateholders. As an inducement to the Purchaser Company and the Trustee to purchase the Mortgage Loans, each the Seller acknowledges and consents to the assignment by the Purchaser Company to the Trustee, on behalf of the Trust Fund Trustee of all of the Purchaser’s Company's rights or remedies against the Sellers Seller pursuant to this Purchase Agreement and to the enforcement or exercise of any right or remedy rights against the Sellers Seller pursuant to this Purchase Agreement by the PurchaserCompany and the Trustee. Such enforcement of a right or remedy by the Company, or the Trustee, on behalf of the Trust Fundas applicable, shall have the same force and effect as if the right or remedy had been enforced or exercised by the Purchaser Company directly.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust Series 2001-1)

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