Failed Thrift definition
Examples of Failed Thrift in a sentence
Each party hereto shall promptly notify the other party of any claim, threatened claim or litigation against the Failed Thrift, the Seller, the Purchaser or any of their respective employees, officers, agents and representatives arising out of or in any way related to any Mortgage Loan or Servicing Rights purchased by the Purchaser that may come to its attention.
The Company acknowledges and agrees that the Initial Member shall have no obligation to secure or obtain any missing intervening assignment or any assignment to the Initial Member or the Failed Thrift that is not contained in the Loan File or among the Collateral Documents.
Nothing contained in this Agreement shall preclude the Company from retaining the same attorney retained by the Initial Member (or the Failed Thrift) to handle litigation with respect to the Loans, provided, that, with respect to litigation referred to in Section 4.04(c), the Company shall not retain the same counsel that represents the Initial Member in connection with such litigation unless the FDIC’s Regional Counsel (referred to above) agrees in writing to such dual representation.
The Company is not entitled to any rebates or refunds from the Initial Member or the Failed Thrift from any pre-computed interest Loan regardless of when the Note matures.
The Company shall promptly notify the Initial Member, in accordance with the notice provisions of Section 7.04, of any claim, threatened claim or litigation against the Initial Member or the Failed Thrift arising out of any Asset of which the Company becomes aware.
The Company shall bear all responsibility and expense of securing from the appropriate source any intervening assignment or any assignment to the Initial Member or the Failed Thrift that may be missing from the Collateral Documents, but the cost thereof shall constitute a Pre-Approved Charge for purposes of the Participation Agreement.
Without limiting the generality of Section 5.01, the Initial Member makes no warranties or representations of any kind or nature as to the accuracy of any calculation or adjustment of interest on any Loan, including any adjustable rate Loan, whether such calculation or adjustment is made by the Failed Thrift, the FDIC, the Initial Member or any Affiliate, agent or contractor of any of the foregoing, or any predecessor-in-interest of the Initial Member or any other party.
Further, on pre-computed interest Loans, neither the Initial Member nor the Failed Thrift will refund any unearned discount amounts to the Company.