Common use of Privacy of Customer Information Clause in Contracts

Privacy of Customer Information. The Seller’s Customer Information in the possession of the Agent or the Buyers, other than information independently obtained by the Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.9, the Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Agent or a Buyer. The Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (i) for examination and audit of the Agent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (ii) to market or sell Purchased Loans or to enforce or exercise their rights under any Repurchase Document, (iii) to carry out the Agent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers shall ensure that each Person to which the Agent or a Buyer intends to disclose the Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’ or the Custodian’s rights and privileges, or to carry out the Agent’s, the Buyers’ and the Custodian’s express obligations, under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in their possession or control as each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (MDC Holdings Inc)

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Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the Agent or the BuyersAdministrative Agent, other than information independently obtained by the Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.930(b), the Administrative Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Seller’s Customers, or disclose any Seller’s Customer Information to any Person, including any of the Administrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Administrative Agent or a BuyerBuyers. The Administrative Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the Administrative Agent’s or the Buyers’ respective any Buyer’s activities, books and records by their Administrative Agent’s or such Buyer’s regulatory authorities, (ii2) to market or sell Purchased Loans or to enforce protect or exercise their Administrative Agent’s rights and privileges under any Repurchase Document, the Transaction Documents or (iii3) to carry out the Administrative Agent’s, the Buyers’ and the Custodian’s or any Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to Approved Takeout Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Administrative Agent and the Buyers any Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Each Buyer and Administrative Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the such Buyer or Administrative Agent or a Buyer intends to disclose the Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’ or the Custodianand Administrative Agent’s rights and privileges, or to carry out the such Buyer’s or Administrative Agent’s, the Buyers’ and the Custodian’s express obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to Approved Takeout Investors). The Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in their its possession or control as each of them it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Confidential Disclosure Agreement (Rocket Companies, Inc.)

Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the Agent or the BuyersAdministrative Agent, other than information independently obtained by the Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.930(b), the Administrative Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Seller’s Customers, or disclose any Seller’s Customer Information to any Person, including any of the Administrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Administrative Agent or a BuyerBuyers. The Administrative Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the Administrative Agent’s or the Buyers’ respective any Buyer’s activities, books and records by their Administrative Agent’s or such Buyer’s regulatory authorities, (ii2) to market or sell Purchased Loans or to enforce protect or exercise their Administrative Agent’s rights and privileges under any Repurchase Document, the Transaction Documents or (iii3) to carry out the Administrative Agent’s, the Buyers’ and the Custodian’s or any Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to Approved Takeout Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Administrative Agent and the Buyers any Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Each Buyer and Administrative Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the such Buyer or Administrative Agent or a Buyer intends to disclose the Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’ or the Custodianand Administrative Agent’s rights and privileges, or to carry out the such Buyer’s or Administrative Agent’s, the Buyers’ and the Custodian’s express obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to Approved Takeout Investors). The Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in their its possession or control as each of them it uses for its own customers’ confidential and proprietary information.. Exhibit N, Page 12 SCHEDULE I APPROVED TAKEOUT INVESTORS [***] Schedule I, Page 1 [***] SCHEDULE II SELLER’S AUTHORIZED SIGNERS Name Title Xxxxxxx Xxxxxxx CEO Xxx Xxxxxx President Xxxxxx Xxxxxxx Vice Pres. Capital Markets/Risk Management Xxxxx Xxxxx CFO/Treasurer Xxxxxxxx Xxxx Asst. Treasurer/Dir. Acctg. Xxxxxxx Xxxxxxx Secretary/Corporate Counsel Xxxxxxxx (Xxxxx) Xxxxxx Cash Manager Xxxxx Xxxxxxx Director, Capital Markets Xxxxx Xxxxx Cashiering Auditor Xxxxx Xxxxx Warehouser Xxxxxxx Xxxxx Dir. Transaction Mgmt. Xxxx Xxxxxxxxxx VP Servicing Xxxxx Xxxxxxxxx Transaction Manager Xxxxxx Xxxxxx Transaction Manager Xxxxxxx Xxxx Team Leader, Post Closing Audit Xxxxxxx Xxxxxxxxxxx Team Captain, Post Closing Audit Xxxxxxx Xxxxxx Collateral Coordinator SCHEDULE III CLTV/FICO SCORE CRITERIA Jumbo Loans-Amortizing Fixed Rate and ARMS Purchase & No Cash-Out Refinance Jumbo Loans [***] Cash-Out Refinance Jumbo Loans* [***] *For eligible Cash-Out Refinance Jumbo Loans, the maximum cash-out is [***] SCHEDULE IV Seller’s Existing Guaranties [***] SCHEDULE V LITIGATION

Appears in 1 contract

Samples: Confidential Disclosure Agreement (Rocket Companies, Inc.)

Privacy of Customer Information. The Seller’s Customer Information in the possession of the Administrative Agent or the Buyers, other than information independently obtained by the Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.9, the Administrative Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the Administrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Administrative Agent or a Buyer. The Administrative Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (i) for examination and audit of the Administrative Agent’s or the Buyers’ respective activities, books and records by their regulatory authorities, (ii) to market or sell Purchased Mortgage Loans or to enforce or exercise their rights under any Repurchase Document, (iii) to carry out the Administrative Agent’s, the Syndication Agent’s, the Buyers’ and the Custodian’s express rights and obligations under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Administrative Agent and the Buyers may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Administrative Agent and the Buyers shall ensure that each Person to which the Administrative Agent or a Buyer intends to disclose the Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’sAdministrative Agents, the Buyers’ or the Custodian’s rights and privileges, or to carry out the Administrative Agent’s, the Buyers’ and the Custodian’s express obligations, under this Agreement and the other Repurchase Documents (including providing the Seller’s Customer Information to Approved Investors). The Administrative Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in their possession or control as each of them uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

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

Privacy of Customer Information. The Seller’s Customer Information in the possession of the Agent or the BuyersAdministrative Agent, other than information independently obtained by the Administrative Agent or the Buyers and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.930(b), the Administrative Agent and the Buyers shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Seller’s Customers, or disclose any Seller’s Customer Information to any Person, including any of the Administrative Agent’s or the Buyers’ employees, agents or contractors or any third party not affiliated with the Administrative Agent or a BuyerBuyers. The Administrative Agent and the Buyers may use or disclose the Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the Administrative Agent’s or the Buyers’ respective any Buyer’s activities, books and records by their Administrative Agent’s or such Buyer’s regulatory authorities, (ii2) to market or sell Purchased Loans or to enforce protect or exercise their Administrative Agent’s rights and privileges under any Repurchase Document, the Transaction Documents or (iii3) to carry out the Administrative Agent’s, the Buyers’ and the Custodian’s or any Buyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to Approved Takeout Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Administrative Agent and the Buyers any Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Each Buyer and Administrative Agent and the Buyers shall take commercially reasonable steps to ensure that each Person to which the such Buyer or Administrative Agent or a Buyer intends to disclose the Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’ or the Custodianand Administrative Agent’s rights and privileges, or to carry out the such Buyer’s or Administrative Agent’s, the Buyers’ and the Custodian’s express obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to Approved Takeout Investors). The Administrative Agent agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Administrative Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Administrative Agent and the Buyers shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in their its possession or control as each of them it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Confidential Disclosure Agreement (Rocket Companies, Inc.)

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Privacy of Customer Information. The (i) Seller’s Customer Information in the possession of the Agent or the BuyersBuyer, other than information independently obtained by the Agent or the Buyers Buyer and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the Seller. Except in accordance with this Section 16.928(b), the Agent and the Buyers Buyer shall not use any Seller’s Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s Customer Information to any Person, including any of the AgentBuyer’s or the Buyers’ employees, agents or contractors or any third party not affiliated with Buyer and shall otherwise comply with the Agent or a BuyerPrivacy Requirements, including without limitation the GLB Act. The Agent and the Buyers Buyer may use or disclose the Seller’s Customer Information only to the extent necessary (i1) for examination and audit of the AgentBuyer’s or the Buyers’ respective activities, books and records by their Buyer’s regulatory authorities, (ii2) to market or sell Purchased Loans or to enforce protect or exercise their Buyer’s rights under any Repurchase Document, and privileges or (iii3) to carry out the Agent’s, the Buyers’ and the CustodianBuyer’s express rights and obligations under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to Approved Takeout Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers Buyer may also use and disclose the Seller’s Customer Information as expressly permitted by the Seller in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers Buyer shall take commercially reasonable steps to ensure that each Person to which the Agent or a Buyer intends to disclose the Seller’s Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Customer Information and to use or disclose such Seller’s Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’ or the CustodianBuyer’s rights and privileges, or to carry out the Agent’s, the Buyers’ and the CustodianBuyer’s express obligations, under this Agreement and the other Repurchase Transaction Documents (including providing the Seller’s Customer Information to Approved Takeout Investors). The Agent Buyer agrees to maintain an Information Security Program information security program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Agent Buyer does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 168, 170, 208, 211, 225, 263, 308, 308 and 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent and the Buyers Buyer shall use at least the same physical and other security measures to protect all of the Seller’s Customer Information in their its possession or control as each of them it uses for its own customers’ confidential and proprietary information.

Appears in 1 contract

Samples: Master Repurchase Agreement (AmeriHome, Inc.)

Privacy of Customer Information. The Seller’s Borrower's Customer Information in the possession of the Agent or the BuyersLender, other than information independently obtained by the Agent or the Buyers Lender and not derived in any manner from or using information obtained under or in connection with this Agreement, is and shall remain confidential and proprietary information of the SellerBorrowers. Except in accordance with this Section 16.910.9, the Agent and the Buyers Lender shall not use any Seller’s either Borrower's Customer Information for any purpose, including the marketing of products or services to, or the solicitation of business from, Customers, or disclose any Seller’s either Borrower's Customer Information to any Person, including any of the Agent’s or the Buyers’ Lender's employees, agents or contractors or any third party not affiliated with the Agent or a BuyerLender. The Agent and the Buyers Lender may use or disclose the Seller’s Borrower's Customer Information only to the extent necessary (i) for examination and audit of the Agent’s or the Buyers’ respective Lender's activities, books and records by their the Lender's regulatory authorities, (ii) to market or sell Purchased Loans or to enforce protect or exercise their rights under any Repurchase Document, the Lender's and the Custodian's and privileges or (iii) to carry out the Agent’s, the Buyers’ Lender's and the Custodian’s 's express rights and obligations under this Agreement and the other Repurchase Documents Credit Papers (including providing the Seller’s Borrower's Customer Information to Approved Investors), or (iv) in connection with an assignment or participation as authorized by Section 22 or in connection with any hedging transaction related to the Purchased Loans and for no other purpose; provided that the Agent and the Buyers Lender may also use and disclose the Seller’s Borrower's Customer Information as expressly permitted by the Seller Borrowers in writing, to the extent that such express permission is in accordance with the Privacy Requirements. The Agent and the Buyers Lender shall take commercially reasonable steps to ensure that each Person to which the Agent or a Buyer Lender intends to disclose the Seller’s Borrower's Customer Information, before any such disclosure of information, agrees to keep confidential any such Seller’s Borrower's Customer Information and to use or disclose such Seller’s Borrower's Customer Information only to the extent necessary to protect or exercise the Agent’s, the Buyers’ or Lender's and the Custodian’s 's rights and privileges, or to carry out the Agent’s, the Buyers’ Lender's and the Custodian’s 's express obligations, under this Agreement and the other Repurchase Documents Credit Papers (including providing the Seller’s Borrower's Customer Information to Approved Investors). The Agent agrees to maintain an Information Security Program and to assess, manage and control risks relating to the security and confidentiality of the Seller’s Customer Information pursuant to such program in the same manner as the Agent does in respect of its own customers’ information, and shall implement the standards relating to such risks in the manner set forth in the Interagency Guidelines Establishing Standards for Safeguarding Company Customer Information set forth in 12 CFR Parts 30, 208, 211, 225, 263, 308, 364, 568 and 570. Without limiting the scope of the foregoing sentence, the Agent and the Buyers Lender shall use at least the same physical and other security measures to protect all of the Seller’s Borrower's Customer Information in their the Lender's possession or control as each of them the Lender uses for its own customers' confidential and proprietary information.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Fieldstone Investment Corp)

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