Common use of Payment to Accompany Substitution Clause in Contracts

Payment to Accompany Substitution. If the Seller exercises its right to substitute or terminate under this Section 11, the Seller shall be obligated to pay to the Administrative Agent (for Pro Rata distribution to the Buyers) by the close of the Business Day of such substitution or termination, as the case may be, an amount equal to the sum of (x) actual cost (including all customary fees, expenses and commissions) to the Administrative Agent and the Buyers of (i) entering into replacement Transactions; (ii) entering into or terminating hedge transactions and/or (iii) terminating Transactions or substituting securities in like transactions with third parties in connection with or as a result of such substitution or termination, and (y) to the extent the Administrative Agent determines not to enter into replacement Transactions, the loss incurred by the Administrative Agent and the Buyers directly arising or resulting from such substitution or termination. The foregoing amounts shall be solely determined and calculated by the Administrative Agent and the applicable Buyers in good faith.

Appears in 6 contracts

Samples: Master Repurchase Agreement (Horton D R Inc /De/), Master Repurchase Agreement (Horton D R Inc /De/), Master Repurchase Agreement (Horton D R Inc /De/)

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Payment to Accompany Substitution. If the Seller exercises its right to substitute a substitution of Mortgage Loans or terminate termination of a Transaction occur under this Section 11, the Seller shall be obligated to pay to the Administrative Agent (for Pro Rata distribution to the Buyers) by the close of the Business Day on the date of such substitution or termination, as the case may be, an amount equal to the sum of (xa) actual cost (including all customary fees, expenses and commissions) to the Administrative Agent and the Buyers of (i) entering into replacement Transactions; (ii) entering into or terminating hedge transactions and/or (iii) terminating Transactions or substituting securities in like transactions with third parties in connection with or as a result of such substitution or termination, and (yb) to the extent the Administrative Agent determines not to enter into replacement Transactions, the loss incurred by the Administrative Agent and the Buyers directly arising or resulting from such substitution or termination. The foregoing amounts shall be solely determined and calculated by the Administrative Agent and the applicable Buyers in good faith. Section 12.

Appears in 4 contracts

Samples: Master Repurchase Agreement (M/I Homes, Inc.), Master Repurchase Agreement (Pultegroup Inc/Mi/), Master Repurchase Agreement (Pultegroup Inc/Mi/)

Payment to Accompany Substitution. If the Seller exercises its right to substitute or terminate under this Section 11, the Seller shall be obligated to pay to the Administrative Agent (for Pro Rata distribution to the Buyers) by the close of the Business Day of such substitution or termination, as the case may be, an amount equal to the sum of (x) actual cost (including all customary fees, expenses and commissions) to the Administrative Agent and the Buyers of (i) entering into replacement Transactions; (ii) entering into or terminating hedge transactions and/or (iii) terminating Transactions or substituting securities in like transactions with third parties in connection with or as a result of such substitution or termination, and (y) to the extent the Administrative Agent determines not to enter into replacement Transactions, the loss incurred by the Administrative Agent and the Buyers directly arising or resulting from such substitution or termination. The foregoing amounts shall be solely determined and calculated by the Administrative Agent and the applicable Buyers in good faith.

Appears in 3 contracts

Samples: Master Repurchase Agreement (NVR Inc), Master Repurchase Agreement (NVR Inc), Master Repurchase Agreement (NVR Inc)

Payment to Accompany Substitution. If the Seller exercises its right to substitute or terminate under this Section 11, the Seller shall be obligated to pay to the Administrative Agent (for Pro Rata distribution to the Buyers) by the close of the Business Day of such substitution or termination, as the case may be, an amount equal to the sum of (xa) actual cost (including all customary fees, expenses and commissions) to the Administrative Agent and the Buyers of (i) entering into replacement Transactions; (ii) entering into or terminating hedge transactions and/or (iii) terminating Transactions or substituting securities in like transactions with third parties in connection with or as a result of such substitution or termination, and (yb) to the extent the Administrative Agent determines not to enter into replacement Transactions, the loss incurred by the Administrative Agent and the Buyers directly arising or resulting from such substitution or termination. The foregoing amounts shall be solely determined and calculated by the Administrative Agent and the applicable Buyers in good faith.

Appears in 2 contracts

Samples: Master Repurchase Agreement (MDC Holdings Inc), Master Repurchase Agreement (MDC Holdings Inc)

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Payment to Accompany Substitution. If the Seller exercises its right to substitute a substitution of Mortgage Loans or terminate termination of a Transaction occur under this Section 11, the Seller shall be obligated to pay to the Administrative Agent (for Pro Rata distribution to the Buyers) by the close of the Business Day on the date of such substitution or termination, as the case may be, an amount equal to the sum of (xa) actual cost (including all customary fees, expenses and commissions) to the Administrative Agent and the Buyers of (i) entering into replacement Transactions; (ii) entering into or terminating hedge transactions and/or (iii) terminating Transactions or substituting securities in like transactions with third parties in connection with or as a result of such substitution or termination, and (yb) to the extent the Administrative Agent determines not to enter into replacement Transactions, the loss incurred by the Administrative Agent and the Buyers directly arising or resulting from such substitution or termination. The foregoing amounts shall be solely determined and calculated by the Administrative Agent and the applicable Buyers in good faith.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Pultegroup Inc/Mi/), Master Repurchase Agreement (Pulte Homes Inc/Mi/)

Payment to Accompany Substitution. If the Seller exercises its right to substitute a substitution of Mortgage Loans or terminate termination of a Transaction occur under this Section 11, the Seller shall be obligated to pay to the Administrative Agent (for Pro Rata distribution to the Buyers) by the close of the Business Day on the date of such substitution or termination, as the case may be, an amount equal to the sum of (xa) actual cost (including all customary fees, expenses and commissions) to the Administrative Agent and the Buyers of (i) entering into replacement Transactions; (ii) entering into or terminating hedge transactions and/or (iii) terminating Transactions or substituting securities in like transactions with third parties in connection with or as a result of such substitution or termination, and (yb) to the extent the Administrative Agent determines not to enter into replacement Transactions, the loss incurred by the Administrative Agent and the Buyers directly arising or resulting from such substitution or termination. The foregoing amounts shall be solely determined and calculated by the Administrative Agent and the applicable Buyers in good faith.. 12

Appears in 1 contract

Samples: Master Repurchase Agreement (Pultegroup Inc/Mi/)

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