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Amendment Clause Example with 29 Variations from Business Contracts
This page contains Amendment clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Amendment. Effective as of March 20, 2019, Section 1 of the Agreement is hereby amended by deleting the definition of "Expiration Date" in its entirety and replacing it with the following (modified text underlined for review purposes): "Expiration Date": The earliest of (i) May 31, 2019, (ii) at Purchaser's option, upon the occurrence of an Event of Default, and (iii) the date on which this Agreement shall terminate in accordance with the provisions hereof or by operation of law. SECTION 2. Condition Prece...dent. As a condition precedent to the effectiveness of this Amendment, Seller shall remit to Purchaser a pro-rated facility fee attributable to the extension of the Expiration Date (the "Additional Facility Fee"). The Additional Facility Fee shall be deemed due, earned and payable in full on the date hereof. Upon early termination of the Agreement, no portion of the Additional Facility Fee will be refunded to the Seller. SECTION 3. Fees and Expenses. The Seller agrees to pay to Purchaser all fees and out of pocket expenses incurred by Purchaser in connection with this Amendment, including all reasonable fees and out of pocket costs and expenses of the legal counsel to Purchaser incurred in connection with this Amendment, in accordance with Section 22(a) of the Agreement. SECTION 4. Defined Terms. Any terms capitalized but not otherwise defined herein should have the respective meanings set forth in the Agreement. SECTION 5. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby. SECTION 6. Representations. In order to induce Purchaser to execute and deliver this Amendment, Seller hereby represents to Purchaser that as of the date hereof, after giving effect to this Amendment, (i) Seller is in full compliance with all of the terms and conditions of the Program Documents and remains bound by the terms thereof, and (ii) no Potential Default or Event of Default or servicing termination event (as described in Section 6(f) of the Agreement) has occurred and is continuing under the Program Documents. SECTION 7. Governing Law. This Amendment shall be construed in accordance with the laws of the State of New York without regard to any conflicts of law provisions (except for Section 5-1401 of the New York General Obligations Law) and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of New York, except to the extent preempted by federal law. SECTION 8. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. SECTION 9. Counterparts. For the purpose of facilitating the execution of this Amendment, and for other purposes, this Amendment may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents shall be promptly delivered, if requested.
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loanDepot, Inc. contract
Variations of a "Amendment" Clause from Business Contracts
Amendment. Effective as of March 20, 2019, January II, 2018 (the "Amendment Effective Date"), Section 1 8(ff) of the Agreement is hereby amended by deleting the definition of "Expiration Date" to read in its entirety as follows: (ff) either (i) the two year "compare ratio" assigned to the Seller by FHA under its "Neighborhood Watch" program is greater than [***] and replacing it with the following (modified text underlined Seller does not provide written notice of same to the Buyer within ten (10) Business... Days of such determination, or (ii) the two year "compare ratio" assigned to the Seller by FHA under its "Neighborhood Watch" program is greater than [***] (provided that, this clause (ii) shall not apply prior to the earlier of (A) December 31, 2018 (or, if earlier, the Termination Date), or (B) the date that the Buyer determines, in its reasonable discretion, that HUD is no longer suspending its right to terminate Seller's FHA Insurance privileges if Seller's compare ratio exceeds [***] due to payment forbearances); provided, however, that the Buyer may, by providing prior written notice to the Seller in the Buyer's sole discretion, adopt different thresholds for review purposes): "Expiration Date": The earliest of (i) May 31, 2019, (ii) at Purchaser's option, such ratio or other statistic based upon the occurrence adoption by FHA of any change in the methodology under such program, and in such event, there shall be an Event of Default, and (iii) Default hereunder if the "compare ratio" or such other statistic assigned to the Seller by FHA is less favorable than such threshold adopted by the Buyer (or the notice provided in clause (i) of this Section (ff) is not provided within ten (10) Business Days; or SECTION 2. Effectiveness. This Amendment Number Three shall become effective as of the date on which this Agreement that the Agent shall terminate in accordance with the provisions have received counterparts hereof or duly executed by operation of law. SECTION 2. Condition Precedent. As a condition precedent to the effectiveness of this Amendment, Seller shall remit to Purchaser a pro-rated facility fee attributable to the extension each of the Expiration Date (the "Additional Facility Fee"). The Additional Facility Fee shall be deemed due, earned and payable in full on the date hereof. Upon early termination of the Agreement, no portion of the Additional Facility Fee will be refunded to the Seller. parties hereto. SECTION 3. Fees and Expenses. The Seller agrees to pay to Purchaser Buyer and Agent all fees and reasonable out of pocket costs and expenses incurred by Purchaser Buyer or Agent in connection with this Amendment, including Amendment Number Three (including all reasonable fees and out of pocket costs and expenses of the Buyer's or Agent's legal counsel to Purchaser incurred in connection with this Amendment, counsel) in accordance with Section 22(a) Sections 13.04 and 13.06 of the Agreement. SECTION 4. Defined Terms. Any Representations. Seller hereby represents to Buyer and Agent that as of the date hereof, Seller is in full compliance with all of the terms capitalized but not otherwise defined herein should have and conditions of the respective meanings set forth in Agreement and each other Repurchase Document and no Default or Event of Default has occurred and is continuing under the Agreement. Agreement or any other Repurchase Document. SECTION 5. Binding Effect: Governing Law. THIS AMENDMENT NUMBER THREE SHALL BE BINDING AND INURE TO THE BENEFIT OF THE PARTIES HERETO AND THEIR RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS. THIS AMENDMENT NUMBER THREE SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF (EXCEPT FOR SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW WHICH SHALL GOVERN). SECTION 6. Counterparts. This Amendment Number Three may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. SECTION 7. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment Number Three need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby. SECTION 6. Representations. In order to induce Purchaser to execute and deliver this Amendment, Seller hereby represents to Purchaser that as of the date hereof, after giving effect to this Amendment, (i) Seller is in full compliance with all of the terms and conditions of the Program Documents and remains bound by the terms thereof, and (ii) no Potential Default or Event of Default or servicing termination event (as described in Section 6(f) of the Agreement) has occurred and is continuing under the Program Documents. SECTION 7. Governing Law. This Amendment shall be construed in accordance with the laws of the State of New York without regard to any conflicts of law provisions (except for Section 5-1401 of the New York General Obligations Law) and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of New York, except to the extent preempted by federal law. SECTION 8. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. SECTION 9. Counterparts. For the purpose of facilitating the execution of this Amendment, and for other purposes, this Amendment may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents shall be promptly delivered, if requested.
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Found in
Caliber Home Loans, Inc. contract
Amendment. Effective as of March 20, 2019, Section 1 of the date hereof (the "Amendment Effective Date"), the Credit Agreement is hereby amended by deleting to delete the definition of "Expiration Date" stricken text (indicated textually in its entirety and replacing it with the same manner as the following (modified example: stricken text) and to add the double-underlined text underlined for review purposes): "Expiration Date": The earliest of (i) May 31, 2019, (ii) at Purchaser's option, upon (indicated ...textually in the occurrence of an Event of Default, and (iii) same manner as the date on which this Agreement shall terminate following example: double-underlined text) as set forth in accordance with the provisions hereof or by operation of law. SECTION 2. Condition Precedent. As a condition precedent to the effectiveness of this Amendment, Seller shall remit to Purchaser a pro-rated facility fee attributable to the extension pages attached as Exhibit A-1 hereto. A conformed copy of the Expiration Date (the "Additional Facility Fee"). The Additional Facility Fee shall be deemed due, earned and payable in full on the date hereof. Upon early termination of the Agreement, no portion of the Additional Facility Fee will be refunded to the Seller. SECTION 3. Fees and Expenses. The Seller agrees to pay to Purchaser all fees and out of pocket expenses incurred by Purchaser in connection with this Amendment, including all reasonable fees and out of pocket costs and expenses of the legal counsel to Purchaser incurred in connection with this Amendment, in accordance with Section 22(a) of the Agreement. SECTION 4. Credit Agreement is attached as Exhibit A-2 hereto.SECTION 2. Defined Terms. Any terms capitalized but not otherwise defined herein should shall have the respective meanings set forth in the Agreement. SECTION 5. Credit Agreement, including by way of reference to any other documents or agreements.SECTION 3. Limited Effect. Except as amended hereby, the Credit Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment need not be made in the Credit Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Credit Agreement, any reference in any of such items to the Credit Agreement being sufficient to refer to the Credit Agreement as amended hereby. SECTION 6. hereby.SECTION 4. Representations. In order to induce Purchaser Lender to execute and deliver this Amendment, Seller Borrower hereby represents represent to Purchaser Lender that as of the date hereof, after giving effect to this Amendment, (i) Seller except as otherwise expressly waived by Lender in writing, Borrower is in full compliance with all of the terms and conditions of the Program Documents Credit Agreement and remains bound by the terms thereof, other Loan Documents, including without limitation, all of the representations and (ii) warranties and all of the affirmative and negative covenants, and no Potential Default or Event of Default or servicing termination event (as described in Section 6(f) of the Agreement) has occurred and is continuing under the Program Documents. Credit Agreement. SECTION 7. 5. Fees and Expenses. The Borrower hereby agrees to pay the reasonable legal fees and expenses of Lender and Administrative Agent incurred in connection with this Amendment in accordance with Section 11.1 of the Credit Agreement. SECTION 6. Governing Law. This Amendment shall and any claim, controversy or dispute arising under or related to or in connection with this Amendment, the relationship of the parties, and/or the interpretation and enforcement of the rights and duties of the parties will be construed in accordance with governed by the laws of the State of New York without regard to any conflicts of law provisions (except for Section principles other than Sections 5-1401 and 5-1402 of the New York General Obligations Law) and Law, which shall govern; provided that the obligations, Administrative Agent shall retain all rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of New York, except to the extent preempted by under federal law. SECTION 8. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. SECTION 9. law.SECTION 7. Counterparts. For the purpose of facilitating the execution of this Amendment, and for other purposes, this This Amendment may be executed simultaneously in any number one or more counterparts (which may be delivered electronically) and by different parties hereto on separate counterparts, each of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts which, when so executed, shall constitute one and the same instrument. agreement. The parties intend that faxed use of electronic signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be promptly delivered, if requested. of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.
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Amendment. Effective as of March 20, 2019, August 31, 2018 (the "Amendment Effective Date"), the Agreement is hereby amended as follows: (a) Section 1 2 of the Agreement is hereby amended by deleting the definition of "Expiration "Termination Date" in its entirety and replacing it with the following (modified text underlined for review purposes): "Expiration Date": The earliest of (i) May 31, following: "Termination Date" shall mean August 30, 2019, (ii) at Purchaser's option, upon the occurrence of an Eve...nt of Default, and (iii) the or such earlier date on which this Agreement shall terminate in accordance with the provisions hereof or by operation of law. (b) Section 12(p) of the Agreement is hereby amended by deleting "$75,000,000" and replacing it with "$100,000,000". (c) Section 13(q) of the Agreement is hereby amended by deleting "$75,000,000" and replacing it with "$100,000,000". SECTION 2. Condition Precedent. As a condition precedent to the effectiveness of this Amendment, Seller shall remit to Purchaser a pro-rated facility fee attributable to the extension of the Expiration Date (the "Additional Facility Fee"). The Additional Facility Fee shall be deemed due, earned and payable in full on the date hereof. Upon early termination of the Agreement, no portion of the Additional Facility Fee will be refunded to the Seller. SECTION 3. Fees and Expenses. The Seller agrees to pay to Purchaser Buyer all fees and reasonable out of pocket costs and expenses incurred by Purchaser Buyer in connection with this Amendment, including Amendment Number Seventeen (including all reasonable fees and out of pocket costs and expenses of the Buyer's legal counsel to Purchaser incurred in connection with this Amendment, counsel) in accordance with Section 22(a) Sections 23 and 25 of the Agreement. SECTION 3. Representations. Seller hereby represents to Buyer that as of the date hereof, Seller is in full compliance with all of the terms and conditions of the Agreement and each other Program Document and no Default or Event of Default has occurred and is continuing under the Agreement or any other Program Document. SECTION 4. Defined Terms. Any terms capitalized but not otherwise defined herein should have Binding Effect; Governing Law. This Amendment Number Seventeen shall be binding on and inure to the benefit of the parties hereto and their respective meanings set forth in the Agreement. successors and permitted assigns. THIS AMENDMENT NUMBER SEVENTEEN SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF (EXCEPT FOR SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW). SECTION 5. Counterparts. This Amendment Number Seventeen may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. SECTION 6. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment Number Seventeen need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby. SECTION 6. Representations. In order to induce Purchaser to execute and deliver this Amendment, Seller hereby represents to Purchaser that as of the date hereof, after giving effect to this Amendment, (i) Seller is in full compliance with all of the terms and conditions of the Program Documents and remains bound by the terms thereof, and (ii) no Potential Default or Event of Default or servicing termination event (as described in Section 6(f) of the Agreement) has occurred and is continuing under the Program Documents. SECTION 7. Governing Law. This Amendment shall be construed in accordance with the laws of the State of New York without regard to any conflicts of law provisions (except for Section 5-1401 of the New York General Obligations Law) and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of New York, except to the extent preempted by federal law. SECTION 8. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. SECTION 9. Counterparts. For the purpose of facilitating the execution of this Amendment, and for other purposes, this Amendment may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents shall be promptly delivered, if requested.
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Found in
Velocity Financial, LLC contract
Amendment. Effective as of March 20, 2019, February 28, 2019 (the "Amendment Effective Date"), Section 1 7.16 of the Agreement is hereby amended by deleting the definition of "Expiration Date" to read in its entirety as follows: 7.16 Maintenance of Profitability. The Seller shall not permit Net Income (before income taxes), generated over a consecutive twelve month period, measured on the last day of each fiscal quarter, to be less than [***]. For purposes of this Section 7.16, Net Income shall be determin...ed (i) without taking into account any changes or adjustments in the fair value of any mortgage servicing rights owned by the Seller and replacing it (ii) by excluding gains or losses associated with hedges related to the following (modified text underlined for review purposes): "Expiration Date": The earliest mortgage servicing rights owned by Seller to the extent such gains or losses are inversely correlated to the change in fair market value of (i) May 31, 2019, (ii) at Purchaser's option, upon the occurrence such mortgage servicing rights. SECTION 2. Effectiveness. This Amendment Number Six shall become effective as of an Event of Default, and (iii) the date on which this Agreement that the Agent shall terminate in accordance with have received: (a) counterparts hereof duly executed by each of the provisions hereof or by operation parties hereto, and (b) counterparts of law. SECTION 2. Condition Precedent. As a condition precedent that certain Amendment Number Five to the effectiveness of this Amendment, Seller shall remit to Purchaser a pro-rated facility fee attributable to the extension Pricing Side Letter, dated as of the Expiration Date (the "Additional Facility Fee"). The Additional Facility Fee shall be deemed due, earned and payable in full on the date hereof. Upon early termination hereof, duly executed by each of the Agreement, no portion of the Additional Facility Fee will be refunded to the Seller. parties thereto. SECTION 3. Fees and Expenses. The Seller agrees to pay to Purchaser Buyer and Agent all fees and reasonable out of pocket costs and expenses incurred by Purchaser Buyer or Agent in connection with this Amendment, including Amendment Number Six (including all reasonable fees and out of pocket costs and expenses of the Buyer's or Agent's legal counsel to Purchaser incurred in connection with this Amendment, counsel) in accordance with Section 22(a) Sections 13.04 and 13.06 of the Agreement. SECTION 4. Defined Terms. Any Representations. Seller hereby represents to Buyer and Agent that as of the date hereof, Seller is in full compliance with all of the terms capitalized but not otherwise defined herein should have and conditions of the respective meanings set forth in Agreement and each other Repurchase Document and no Default or Event of Default has occurred and is continuing under the Agreement. Agreement or any other Repurchase Document. SECTION 5. Binding Effect; Governing Law. THIS AMENDMENT NUMBER SIX SHALL BE BINDING AND INURE TO THE BENEFIT OF THE PARTIES HERETO AND THEIR RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS. THIS AMENDMENT NUMBER SIX SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF (EXCEPT FOR SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW WHICH SHALL GOVERN). SECTION 6. Counterparts. This Amendment Number Six may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. SECTION 7. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment Number Six need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby. SECTION 6. Representations. In order to induce Purchaser to execute and deliver this Amendment, Seller hereby represents to Purchaser that as of the date hereof, after giving effect to this Amendment, (i) Seller is in full compliance with all of the terms and conditions of the Program Documents and remains bound by the terms thereof, and (ii) no Potential Default or Event of Default or servicing termination event (as described in Section 6(f) of the Agreement) has occurred and is continuing under the Program Documents. SECTION 7. Governing Law. This Amendment shall be construed in accordance with the laws of the State of New York without regard to any conflicts of law provisions (except for Section 5-1401 of the New York General Obligations Law) and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of New York, except to the extent preempted by federal law. SECTION 8. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. SECTION 9. Counterparts. For the purpose of facilitating the execution of this Amendment, and for other purposes, this Amendment may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents shall be promptly delivered, if requested.
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Found in
Caliber Home Loans, Inc. contract
Amendment. Effective as of March 20, 2019, July 19, 2018 (the "Amendment Effective Date"), the Agreement is hereby amended as follows: (a) Section 1 2 of the Agreement is hereby amended by deleting the definition definitions of "Expiration "Net Operating Income" and "Termination Date" in its entirety and replacing it each of them with the following (modified text underlined following, respectively: "Net Operating Income" shall mean, for review purposes): "Expiration Date": The earliest any period, GAAP net... income, minus the amount of (i) May 31, 2019, (ii) at Purchaser's option, upon non-cash capitalized interest expense on secured financings, income taxes, depreciation expenses and amortization of debt issue costs related to all outstanding long term debt, and the occurrence amount of an Event any prepayment of Default, principal amounts of debt and (iii) the any prepayment penalties associated with such debt. "Termination Date" shall mean August 10, 2018, or such earlier date on which this Agreement shall terminate in accordance with the provisions hereof or by operation of law. (b) Section 13(q) of the Agreement is hereby amended by deleting clause (ii) of such Section 13(q) and replacing it with the following: (ii) as of the end of the immediately preceding calendar quarter, Guarantor's Net Operating Income for at least one (1) of the previous two (2) consecutive calendar quarters is equal to or greater than $1.00. SECTION 2. Condition Precedent. As a condition precedent to the effectiveness of this Amendment, Seller shall remit to Purchaser a pro-rated facility fee attributable to the extension of the Expiration Date (the "Additional Facility Fee"). The Additional Facility Fee shall be deemed due, earned and payable in full on the date hereof. Upon early termination of the Agreement, no portion of the Additional Facility Fee will be refunded to the Seller. SECTION 3. Fees and Expenses. The Seller agrees to pay to Purchaser Buyer all fees and reasonable out of pocket costs and expenses incurred by Purchaser Buyer in connection with this Amendment, including Amendment Number Fifteen (including all reasonable fees and out of pocket costs and expenses of the Buyer's legal counsel to Purchaser incurred in connection with this Amendment, counsel) in accordance with Section 22(a) Sections 23 and 25 of the Agreement. SECTION 3. Representations. Seller hereby represents to Buyer that as of the date hereof, Seller is in full compliance with all of the terms and conditions of the Agreement and each other Program Document and no Default or Event of Default has occurred and is continuing under the Agreement or any other Program Document. SECTION 4. Defined Terms. Any terms capitalized but not otherwise defined herein should have Binding Effect; Governing Law. This Amendment Number Fifteen shall be binding on and inure to the benefit of the parties hereto and their respective meanings set forth in the Agreement. successors and permitted assigns. THIS AMENDMENT NUMBER FIFTEEN SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF (EXCEPT FOR SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW). SECTION 5. Counterparts. This Amendment Number Fifteen may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. SECTION 6. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment Number Fifteen need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby. SECTION 6. Representations. In order to induce Purchaser to execute and deliver this Amendment, Seller hereby represents to Purchaser that as of the date hereof, after giving effect to this Amendment, (i) Seller is in full compliance with all of the terms and conditions of the Program Documents and remains bound by the terms thereof, and (ii) no Potential Default or Event of Default or servicing termination event (as described in Section 6(f) of the Agreement) has occurred and is continuing under the Program Documents. SECTION 7. Governing Law. This Amendment shall be construed in accordance with the laws of the State of New York without regard to any conflicts of law provisions (except for Section 5-1401 of the New York General Obligations Law) and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of New York, except to the extent preempted by federal law. SECTION 8. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. SECTION 9. Counterparts. For the purpose of facilitating the execution of this Amendment, and for other purposes, this Amendment may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents shall be promptly delivered, if requested.
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Found in
Velocity Financial, LLC contract
Amendment. Effective as of March 20, 2019, May 4, 2020 (the "Amendment Effective Date"), Section 1 2 of the Agreement is hereby amended by deleting the definition of "Expiration Date" "Uncommitted Amount" in its entirety and replacing it with the following (modified text underlined (bold and stricken language evidence changes): "Uncommitted Amount" shall mean (i) for review purposes): "Expiration Date": The earliest of (i) May 31, 2019, the period beginning on November 22, 2019 and ending on June 30, 2020 ...April 6, 2020, $[***], and (ii) at Purchaser's option, upon the occurrence of an Event of Default, and (iii) the date on which this Agreement shall terminate in accordance with the provisions hereof or by operation of law. all other times, $[***]. SECTION 2. Condition Precedent. As a condition precedent to Defined Terms. Any terms capitalized but not otherwise defined herein shall have the effectiveness of this Amendment, Seller shall remit to Purchaser a pro-rated facility fee attributable to respective meanings set forth in the extension of the Expiration Date (the "Additional Facility Fee"). The Additional Facility Fee shall be deemed due, earned and payable in full on the date hereof. Upon early termination of the Agreement, no portion of the Additional Facility Fee will be refunded to the Seller. Agreement. SECTION 3. Fees and Expenses. The Seller agrees to pay to Purchaser Buyer all fees and reasonable out of pocket costs and expenses incurred by Purchaser Buyer in connection with this Amendment, including Amendment Number Six (including all reasonable fees and out of pocket costs and expenses of the Buyer's legal counsel to Purchaser incurred in connection with this Amendment, counsel) in accordance with Section 22(a) Sections 23 and 25 of the Agreement. SECTION 4. Defined Terms. Any Representations. Seller hereby represents to Buyer that as of the date hereof, the Seller is in full compliance with all of the terms capitalized but not otherwise defined herein should have and conditions of the respective meanings set forth in Agreement and each other Program Document and no Default or Event of Default has occurred and is continuing under the Agreement. Agreement or any other Program Document. SECTION 5. Governing Law. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF (EXCEPT FOR SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW WHICH SHALL GOVERN). SECTION 6. Counterparts. This Amendment Number Six may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. The parties agree this Amendment Number Six, any documents to be delivered pursuant to this Amendment Number Six and any notices hereunder may be transmitted between them by e-mail and/or by facsimile. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. SECTION 7. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment Number Six need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby. SECTION 6. Representations. In order to induce Purchaser to execute and deliver this Amendment, Seller hereby represents to Purchaser that as of the date hereof, after giving effect to this Amendment, (i) Seller is in full compliance with all of the terms and conditions of the Program Documents and remains bound by the terms thereof, and (ii) no Potential Default or Event of Default or servicing termination event (as described in Section 6(f) of the Agreement) has occurred and is continuing under the Program Documents. SECTION 7. Governing Law. This Amendment shall be construed in accordance with the laws of the State of New York without regard to any conflicts of law provisions (except for Section 5-1401 of the New York General Obligations Law) and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of New York, except to the extent preempted by federal law. SECTION 8. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. SECTION 9. Counterparts. For the purpose of facilitating the execution of this Amendment, and for other purposes, this Amendment may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents shall be promptly delivered, if requested.
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Caliber Home Loans, Inc. contract
Amendment. Effective as of March 20, 2019, Section 1 of September 28, 2020 (the "Effective Date"), the Agreement is hereby amended by deleting the definition of "Expiration Date" in its entirety and replacing it with the following (modified text underlined for review purposes): "Expiration Date": The earliest of (i) May 31, 2019, (ii) at Purchaser's option, upon the occurrence of an Event of Default, and (iii) the date on which this Agreement shall terminate in accordance with the provisions hereof or by o...peration of law. SECTION 2. Condition Precedent. As a condition precedent to the effectiveness of this Amendment, Seller shall remit to Purchaser a pro-rated facility fee attributable to the extension incorporating each of the Expiration Date (the "Additional Facility Fee"). The Additional Facility Fee shall be deemed due, earned and payable changes highlighted in full on the date hereof. Upon early termination of the Agreement, no portion of the Additional Facility Fee will be refunded to the Seller. SECTION 3. redline attached as Exhibit A hereto. Section 2. Fees and Expenses. The Seller agrees to pay to Purchaser all Buyer fees and out of pocket expenses incurred by Purchaser Buyer in connection with this Amendment, including all reasonable fees and out of pocket costs and expenses of the legal counsel to Purchaser Buyer incurred in connection with this Amendment, in accordance with Section 22(a) 23(a) of the Agreement. SECTION 4. Section 3. Defined Terms. Any terms capitalized but not otherwise defined herein should have the respective meanings set forth in the Agreement. SECTION 5. Section 4. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby. SECTION 6. Section 5. Representations. In order to induce Purchaser Buyer to execute and deliver this Amendment, Seller hereby represents to Purchaser Buyer that as of the date hereof, after giving effect to this Amendment, (i) Seller is in full compliance with all of the terms and conditions of the Program Transaction Documents and remains bound by the terms thereof, and (ii) no Potential default or Default or Event of Default or servicing termination event (as described in Section 6(f) of the Agreement) has occurred and is continuing under the Program Transaction Documents. SECTION 7. Section 6. Governing Law. This Amendment shall be construed in accordance with the laws of the State of New York without regard to any conflicts of law provisions (except for Section 5-1401 and 5-1402 of the New York General Obligations Law) and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of New York, except to the extent preempted by federal law. SECTION 8. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. SECTION 9. Section 7. Counterparts. For the purpose of facilitating the execution of this Amendment, and for other purposes, this Amendment may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. instrument The parties intend that faxed words "executed," "signed," "signature," and words of like import in this Amendment or in any other certificate, agreement or document related to this transaction shall include, shall include, in addition to manually executed signature pages, images of manually executed signatures transmitted by facsimile or other electronic format (including, without limitation, "pdf", "tif" or "jpg") and other electronic signatures (including, without limitation, any electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record). The use of electronic signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be promptly delivered, if requested. of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law, including the Federal Electronic Signatures in Global and National Commerce Act, the New York State Electronic Signatures and Records Act and any other applicable law, including, without limitation, any state law based on the Uniform Electronic Transactions Act or the Uniform Commercial Code.
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loanDepot, Inc. contract
Amendment. Effective as of March 20, 2019, June 15, 2015 (the "Amendment Effective Date"), but subject to the condition precedent set forth in Section 1 2 below, the Agreement is hereby amended as follows: (a) Section 2 of the Agreement is hereby amended by deleting the definition of "Expiration "Termination Date" in its entirety and replacing it with the following (modified text underlined for review purposes): "Expiration Date": The earliest of (i) May 31, 2019, (ii) at Purchaser's option, upon the occur...rence of an Event of Default, and (iii) the following: "Termination Date" shall mean June 13, 2016 or such earlier date on which this Agreement shall terminate in accordance with the provisions hereof or by operation of law. (b) Section 12(h) of the Agreement is hereby amended by deleting it in its entirety and replacing it with the following: Investment Company Act. Seller is not an "investment company" or a company controlled by an "investment company" within the meaning of the Investment Company Act of 1940, as amended. Seller (i) has been structured so as not to constitute, and is not, a "covered fund" for purposes of Section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Volcker Rule"), and (ii) is relying upon an exception or exemption from the registration requirements of the Investment Company Act set forth in Section 3(c)(5)(C) of the Investment Company Act. SECTION 2. Condition Precedent. As a condition precedent to the effectiveness of this Amendment, Amendment Number Seven, Seller shall remit have paid to Purchaser a pro-rated facility fee attributable to Buyer the extension first installment of the Expiration Date (the "Additional Facility Fee"). The Additional Facility June 2015 Renewal Commitment Fee shall be deemed due, earned and payable (as defined in full on the date hereof. Upon early termination of the Agreement, no portion of the Additional Facility Fee will be refunded to the Seller. Pricing Side Letter). SECTION 3. Fees and Expenses. The Seller agrees to pay to Purchaser Buyer all fees and reasonable out of pocket costs and expenses incurred by Purchaser Buyer in connection with this Amendment, including Amendment Number Seven (including all reasonable fees and out of pocket costs and expenses of the Buyer's legal counsel to Purchaser incurred in connection with this Amendment, counsel) in accordance with Section 22(a) Sections 23 and 25 of the Agreement. SECTION 4. Defined Terms. Any Representations. Seller hereby represents to Buyer that as of the date hereof, Seller is in full compliance with all of the terms capitalized but not otherwise defined herein should have and conditions of the respective meanings set forth in Agreement and each other Program Document and no Default or Event of Default has occurred and is continuing under the Agreement. Agreement or any other Program Document. SECTION 5. Binding Effect; Governing Law. This Amendment Number Seven shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns. THIS AMENDMENT NUMBER SEVEN SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF (EXCEPT FOR SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW). SECTION 6. Counterparts. This Amendment Number Seven may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. SECTION 7. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment Number Seven need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby. SECTION 6. Representations. In order to induce Purchaser to execute and deliver this Amendment, Seller hereby represents to Purchaser that as of the date hereof, after giving effect to this Amendment, (i) Seller is in full compliance with all of the terms and conditions of the Program Documents and remains bound by the terms thereof, and (ii) no Potential Default or Event of Default or servicing termination event (as described in Section 6(f) of the Agreement) has occurred and is continuing under the Program Documents. SECTION 7. Governing Law. This Amendment shall be construed in accordance with the laws of the State of New York without regard to any conflicts of law provisions (except for Section 5-1401 of the New York General Obligations Law) and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of New York, except to the extent preempted by federal law. SECTION 8. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. SECTION 9. Counterparts. For the purpose of facilitating the execution of this Amendment, and for other purposes, this Amendment may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents shall be promptly delivered, if requested.
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Velocity Financial, LLC contract
Amendment. Effective as of March 20, 2019, August 5, 2019 (the "Amendment Effective Date"), Section 1 2 of the Agreement is hereby amended by deleting the definition of "Expiration "Termination Date" in its entirety and replacing it with the following (modified text underlined for review purposes): "Expiration Date": The earliest of (i) May 31, 2019, (ii) at Purchaser's option, upon the occurrence of an Event of Default, and (iii) the following: "Termination Date" shall mean August 3, 2020, or such earlier... date on which this Agreement shall terminate in accordance with the provisions hereof or by operation of law. SECTION 2. Condition Precedent. As a condition precedent to the effectiveness of this Amendment, Seller shall remit to Purchaser a pro-rated facility fee attributable to the extension of the Expiration Date (the "Additional Facility Fee"). The Additional Facility Fee shall be deemed due, earned and payable in full on the date hereof. Upon early termination of the Agreement, no portion of the Additional Facility Fee will be refunded to the Seller. SECTION 3. Fees and Expenses. The Seller agrees to pay to Purchaser Buyer all fees and reasonable out of pocket costs and expenses incurred by Purchaser Buyer in connection with this Amendment, including Amendment Number Nineteen (including all reasonable fees and out of pocket costs and expenses of the Buyer's legal counsel to Purchaser incurred in connection with this Amendment, counsel) in accordance with Section 22(a) Sections 23 and 25 of the Agreement. SECTION 3. Representations. Seller hereby represents to Buyer that as of the date hereof, Seller is in full compliance with all of the terms and conditions of the Agreement and each other Program Document and no Default or Event of Default has occurred and is continuing under the Agreement or any other Program Document. SECTION 4. Defined Terms. Any terms capitalized but not otherwise defined herein should have Binding Effect; Governing Law. This Amendment Number Nineteen shall be binding on and inure to the benefit of the parties hereto and their respective meanings set forth in the Agreement. successors and permitted assigns. THIS AMENDMENT NUMBER NINETEEN SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF (EXCEPT FOR SECTIONS 5-1401 AND 5-1402 OF THE NEW YORK GENERAL OBLIGATIONS LAW). SECTION 5. Counterparts. This Amendment Number Nineteen may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. SECTION 6. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment Number Nineteen need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby. SECTION 6. Representations. In order to induce Purchaser to execute and deliver this Amendment, Seller hereby represents to Purchaser that as of the date hereof, after giving effect to this Amendment, (i) Seller is in full compliance with all of the terms and conditions of the Program Documents and remains bound by the terms thereof, and (ii) no Potential Default or Event of Default or servicing termination event (as described in Section 6(f) of the Agreement) has occurred and is continuing under the Program Documents. SECTION 7. Governing Law. This Amendment shall be construed in accordance with the laws of the State of New York without regard to any conflicts of law provisions (except for Section 5-1401 of the New York General Obligations Law) and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of New York, except to the extent preempted by federal law. SECTION 8. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. SECTION 9. Counterparts. For the purpose of facilitating the execution of this Amendment, and for other purposes, this Amendment may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents shall be promptly delivered, if requested.
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Velocity Financial, LLC contract
Amendment. Effective as of March 20, 2019, June 13, 2016 (the "Amendment Effective Date"), but subject to the condition precedent set forth in Section 1 2 below, the Agreement is hereby amended as follows: (a) Section 2 of the Agreement is hereby amended by deleting the definition of "Expiration "Termination Date" in its entirety and replacing it with the following (modified text underlined for review purposes): "Expiration Date": The earliest of (i) May 31, 2019, (ii) at Purchaser's option, upon the occur...rence of an Event of Default, and (iii) the following: "Termination Date" shall mean July 15, 2016 or such earlier date on which this Agreement shall terminate in accordance with the provisions hereof or by operation of law. SECTION 2. Condition Precedent. As a condition precedent to the effectiveness of this Amendment, Amendment Number Nine, Seller shall remit have paid to Purchaser a pro-rated facility fee attributable Buyer the Additional 2016 Commitment Fee as set forth in Amendment Number Seven to the extension Pricing Side Letter in the amount of the Expiration Date (the "Additional Facility Fee"). The Additional Facility Fee shall be deemed due, earned and payable $32,876.71, in full on the date hereof. Upon early termination of the Agreement, no portion of the Additional Facility Fee will be refunded to the Seller. immediately available funds, without deduction, set off or counterclaim. SECTION 3. Fees and Expenses. The Seller agrees to pay to Purchaser Buyer all fees and reasonable out of pocket costs and expenses incurred by Purchaser Buyer in connection with this Amendment, including Amendment Number Nine (including all reasonable fees and out of pocket costs and expenses of the Buyer's legal counsel to Purchaser incurred in connection with this Amendment, counsel) in accordance with Section 22(a) Sections 23 and 25 of the Agreement. SECTION 4. Defined Terms. Any Representations. Seller hereby represents to Buyer that as of the date hereof, Seller is in full compliance with all of the terms capitalized but not otherwise defined herein should have and conditions of the respective meanings set forth in Agreement and each other Program Document and no Default or Event of Default has occurred and is continuing under the Agreement. Agreement or any other Program Document. SECTION 5. Binding Effect; Governing Law. This Amendment Number Nine shall be binding on and inure to the benefit of the parties hereto and their respective successors and permitted assigns. THIS AMENDMENT NUMBER NINE SHALL BE CONSTRUED IN ACCORDANCE WITH, AND GOVERNED BY, THE LAWS OF THE STATE OF NEW YORK, WITHOUT GIVING EFFECT TO THE CONFLICT OF LAWS PRINCIPLES THEREOF (EXCEPT FOR SECTION 5-1401 OF THE NEW YORK GENERAL OBLIGATIONS LAW). SECTION 6. Counterparts. This Amendment Number Nine may be executed by each of the parties hereto on any number of separate counterparts, each of which shall be an original and all of which taken together shall constitute one and the same instrument. SECTION 7. Limited Effect. Except as amended hereby, the Agreement shall continue in full force and effect in accordance with its terms. Reference to this Amendment Number Nine need not be made in the Agreement or any other instrument or document executed in connection therewith, or in any certificate, letter or communication issued or made pursuant to, or with respect to, the Agreement, any reference in any of such items to the Agreement being sufficient to refer to the Agreement as amended hereby. SECTION 6. Representations. In order to induce Purchaser to execute and deliver this Amendment, Seller hereby represents to Purchaser that as of the date hereof, after giving effect to this Amendment, (i) Seller is in full compliance with all of the terms and conditions of the Program Documents and remains bound by the terms thereof, and (ii) no Potential Default or Event of Default or servicing termination event (as described in Section 6(f) of the Agreement) has occurred and is continuing under the Program Documents. SECTION 7. Governing Law. This Amendment shall be construed in accordance with the laws of the State of New York without regard to any conflicts of law provisions (except for Section 5-1401 of the New York General Obligations Law) and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with the laws of the State of New York, except to the extent preempted by federal law. SECTION 8. Severability. Each provision and agreement herein shall be treated as separate and independent from any other provision or agreement herein and shall be enforceable notwithstanding the unenforceability of any such other provision or agreement. SECTION 9. Counterparts. For the purpose of facilitating the execution of this Amendment, and for other purposes, this Amendment may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument. The parties intend that faxed signatures and electronically imaged signatures such as .pdf files shall constitute original signatures and are binding on all parties. The original documents shall be promptly delivered, if requested.
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Found in
Velocity Financial, LLC contract
