Common use of Use of the FDIC’s Name and Reservation of Statutory Powers Clause in Contracts

Use of the FDIC’s Name and Reservation of Statutory Powers. The Company shall not use or permit the use by its agents, successors or assigns of any name or combination of letters that is similar to “FDIC” or “Federal Deposit Insurance Corporation.” The Company will not represent or imply that it is affiliated with, authorized by or in any way related to the FDIC except that, for so long as the FDIC is a member of the Company, the Company may represent that fact. The Company shall be entitled to assert (and claim the benefit of) the statute of limitations established under 12 U.S.C. § l82l(d)(14). The Company acknowledges and agrees, however, that the assignment of any Loan or Underlying Collateral Document pursuant to the terms of this Agreement shall not constitute the assignment of any other rights, powers or privileges granted to the Initial Member pursuant to the provisions the Federal Deposit Insurance Act, including those granted pursuant to 12 U.S.C. § 182l(d), 12 U.S.C. § l823(e) and 12 U.S.C. § 1825, all such rights and powers being expressly reserved by the Initial Member; nor shall the Company assert or attempt to assert any such right, power or privilege in any pending or future litigation involving any Loan transferred or purchased hereunder.

Appears in 4 contracts

Samples: Contribution and Sale Agreement, Contribution and Sale Agreement, Contribution and Sale Agreement

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Use of the FDIC’s Name and Reservation of Statutory Powers. The Company shall not use or permit the use by its agents, successors or assigns of any name or combination of letters that is similar to “FDIC” or “Federal Deposit Insurance Corporation.” The Company will not represent or imply that it is affiliated with, authorized by or in any way related to the FDIC except that, for so long as the FDIC is a member of the Company, the Company may represent that fact. The Company shall be entitled to assert (and claim the benefit of) the statute of limitations established under 12 U.S.C. § Section l82l(d)(14). The Company acknowledges and agrees, however, that the assignment of any Loan Asset, Asset Document or Underlying Collateral Document pursuant to the terms of this Agreement shall not constitute the assignment of any other rights, powers or privileges granted to the Initial Member pursuant to the provisions the Federal Deposit Insurance Act, including those granted pursuant to 12 U.S.C. § Section 182l(d), 12 U.S.C. § Section l823(e) and 12 U.S.C. § Section 1825, all such rights and powers being expressly reserved by the Initial Member; nor shall the Company assert or attempt to assert any such right, power or privilege in any pending or future litigation involving any Loan Asset transferred or purchased hereunderpursuant to this Agreement.

Appears in 2 contracts

Samples: Asset Contribution and Sale Agreement, Asset Contribution and Sale Agreement

Use of the FDIC’s Name and Reservation of Statutory Powers. The Company shall not use or permit the use by its agents, successors or assigns of any name or combination of letters that is similar to “FDIC” or “Federal Deposit Insurance Corporation.” The Company will not represent or imply that it is affiliated with, authorized by or in any way related to the FDIC except that, for so long as the FDIC is a member of the Company, the Company may represent that fact. The Company shall be entitled to assert (and claim the benefit of) the statute of limitations established under 12 U.S.C. § l82l(d)(141821(d)(14). The Company acknowledges and agrees, however, that the assignment of any Loan or Underlying Collateral Document pursuant to the terms of this Agreement shall not constitute the assignment of any other rights, powers or privileges granted to the Initial Member pursuant to the provisions the Federal Deposit Insurance Act, including those granted pursuant to 12 U.S.C. § 182l(d1821(d), 12 U.S.C. § l823(e1823(e) and 12 U.S.C. § 1825, all such rights and powers being expressly reserved by the Initial Member; nor shall the Company assert or attempt to assert any such right, power or privilege in any pending or future litigation involving any Loan transferred or purchased hereunder.

Appears in 2 contracts

Samples: Loan Contribution and Sale Agreement, Loan Contribution and Sale Agreement

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Use of the FDIC’s Name and Reservation of Statutory Powers. The Company shall not use or permit the use by its agents, successors or assigns of any name or combination of letters that is similar to “FDIC” or “Federal Deposit Insurance Corporation.” The Company will not represent or imply that it is affiliated with, authorized by or in any way related to the FDIC except that, for so long as the FDIC is a member of the Company, the Company may represent that fact. The Company shall be entitled to assert (and claim the benefit of) the statute of limitations established under 12 U.S.C. § l82l(d)(14). The Company acknowledges and agrees, however, that the assignment of any Mortgage Loan or Underlying Collateral Document pursuant to the terms of this Agreement shall not constitute the assignment of any other rights, powers or privileges granted to the Initial Member pursuant to the provisions the Federal Deposit Insurance Act, including those granted pursuant to 12 U.S.C. § 182l(d), 12 U.S.C. § l823(e) and 12 U.S.C. § 1825, all such rights and powers being expressly reserved by the Initial Member; nor shall the Company assert or attempt to assert any such right, power or privilege in any pending or future litigation involving any Mortgage Loan transferred or purchased hereunder.

Appears in 1 contract

Samples: Mortgage Loan Contribution and Sale Agreement

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