Initiation of Transactions a. By the close of business of each Business Day, the Bank will determine: (i) whether the Collected Balance in the Account is less than or greater than the Target Balance; and (ii) accordingly, the funds available for either a Loan Advance Transaction or a Repayment Transaction.
Initiation of Transactions. 1.1 In the event that the notification sent by CBF in accordance with Article 4 of the Agreement does not identify the Eligible Assets to be transferred from the Collateral Giver Account to the Trust Account, CBL shall select the Eligible Assets from the Collateral Giver Account in accordance with Appendix A of the Agreement.
Initiation of Transactions. The Purchasers initiated the transactions contemplated by this Agreement by making an unsolicited offer to purchase the Tamboril Securities and the Tamboril Claims from the Seller on the terms set forth herein. Prior to making a formal offer, the Purchasers independently reviewed the registration statements, reports and other documents that Tamboril and/or the Seller filed with the Securities and Exchange Commission between May 15, 1997 and December 22, 2000. With the exception of the specific representations set forth in Paragraph 3, the Purchasers have relied exclusively on their own investigation of Tamboril and its affairs and they have not relied on any representations, express or implied, that are directly or indirectly attributable to the Seller or any of their respective officers, directors and affiliates.
Initiation of Transactions a. From time to time, in the sole discretion of Buyers, Administrative Agent (for the benefit of Buyers) may purchase from Seller certain Eligible Assets that have been purchased or originated by Seller and offered under the Program Agreements for such purpose to Buyers. All Purchased Assets shall be serviced by Servicer subject to the Administrative Agent’s rights herein or in the Servicing Agreement. The aggregate Purchase Price of Purchased Assets subject to outstanding Transactions shall not exceed the Maximum Aggregate Purchase Price.
Initiation of Transactions a. From time to time, in the sole discretion of Buyer, Buyer may purchase from Seller all right, title and interest in and to certain Mortgage Loans (including, without limitation, the Servicing Rights) that have been either originated by Seller or purchased by Seller from other originators. The Mortgage Loans shall be sold on a servicing-released basis. This Agreement is not a commitment by Buyer to enter into Transactions with Seller but rather sets forth the procedures to be used in connection with periodic requests for Buyer to enter into Transactions with Seller. Seller hereby acknowledges that Buyer is under no obligation to agree to enter into, or to enter into, any Transaction pursuant to this Agreement. All Purchased Mortgage Loans shall exceed or meet the Underwriting Guidelines, and shall be serviced by Servicer. The aggregate Purchase Price of Purchased Mortgage Loans subject to outstanding Transactions shall not exceed the Maximum Aggregate Purchase Price.
Initiation of Transactions a. From time to time, Administrative Agent (for the benefit of Buyers) will facilitate the purchase by Buyers from Seller certain Mortgage Loans that have been originated or acquired by Seller from an Underlying Repurchase Counterparty pursuant to an Underlying Repurchase Transaction. This Agreement is a commitment by Administrative Agent on behalf of the Committed Buyers to enter into Transactions with Seller up to an aggregate amount equal to the Maximum Committed Purchase Price. This Agreement is not a commitment by Administrative Agent on behalf of Buyers to enter into Transactions with Seller for amounts exceeding the Maximum Committed Purchase Price, but rather, sets forth the procedures to be used in connection with periodic requests for Administrative Agent on behalf of Buyers to enter into Transactions with Seller. Seller hereby acknowledges that, beyond the Maximum Committed Purchase Price, Administrative Agent on behalf of the Buyers is under no obligation to agree to enter into, or to enter into, any Transaction pursuant to this Agreement. All Purchased Mortgage Loans shall exceed or meet the Underwriting Guidelines, and shall be serviced by a Servicer. The aggregate Purchase Price of Purchased Mortgage Loans subject to outstanding Transactions shall not exceed the Maximum Purchase Price.
Initiation of Transactions a. From time to time during the Funding Period, in the sole discretion of Buyer, Buyer may purchase from Seller all right, title and interest in and to certain Mortgage Loans and related Purchased Assets (including the related Servicing Rights). The Mortgage Loans shall be sold on a servicing-released basis. This Agreement is not a commitment by Bxxxx to enter into Transactions with Seller but rather sets forth the procedures to be used in connection with periodic requests for Buyer to enter into Transactions with Seller. Seller hereby acknowledges that (i) Buyer is under no obligation to agree to enter into, or to enter into, any Transaction pursuant to this Agreement and (ii) with respect to any Purchased Mortgage Loan for which less than the full principal amount has been funded by Seller as of the Purchase Date therefor, Buyer’s agreement to enter into a Transaction with respect to such Purchased Mortgage Loan on such Purchase Date shall in no way obligate Buyer to make any additional advance with respect thereto unless Bxxxx agrees, in its sole and absolute discretion, to make such additional advance in accordance with this Agreement. All Purchased Mortgage Loans shall meet or exceed the Underwriting Guidelines, and shall be serviced by Servicer on behalf of Buyer. No Transaction shall be entered into if (i) any Margin Deficit or Event of Default exists or would exist as a result of such Transaction; (ii) the Repurchase Date for the Purchased Assets subject to such Transaction would be later than the Termination Date; or (iii) after giving effect to such Transaction, the Aggregate Purchase Price then outstanding would exceed the Maximum Aggregate Purchase Price.
Initiation of Transactions. Section 3.1 of the Repurchase Agreement is amended and restated in its entirety as follows:
Initiation of Transactions. The Purchaser initiated the transactions contemplated by this Agreement by making an unsolicited offer to purchase the Enchanted Securities from the Sellers on the terms set forth herein. Prior to making a formal offer, the Purchaser independently reviewed the registration statements, reports and other documents that Enchanted and/or the Sellers filed with the Securities and Exchange Commission between July 3, 2002 and November 19, 2003. With the exception of the specific representations set forth in Paragraph 3, the Purchaser has relied exclusively on its own investigation of Enchanted and its affairs and they have not relied on any representations, express or implied, that are directly or indirectly attributable to the Sellers or any of their respective affiliates.
Initiation of Transactions a. After the close of business of each Business Day, the Bank will determine (following the movement of an ZBA transactions) whether the amount of Collected Funds in the Sweep Account is less than or greater than the Target Balance.
