Applicability Clause Example with 4 Variations from Business Contracts

This page contains Applicability 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.
Applicability. DEFINITIONS AND INTERPRETATION 1 3. THE TRANSACTIONS 20 4. CONFIRMATION 24 5. TAKEOUT COMMITMENTS 24 6. PAYMENT AND TRANSFER 25 7. MARGIN MAINTENANCE 25 8. TAXES; TAX TREATMENT 26 9. SECURITY INTEREST; PURCHASER’S APPOINTMENT AS ATTORNEY-IN-FACT 28 10. CONDITIONS PRECEDENT 30 11. RELEASE OF PURCHASED ASSETS 33 12. RELIANCE 34 13. REPRESENTATIONS AND WARRANTIES 34 14. COVENANTS OF SELLER ... 37 15. REPURCHASE OF PURCHASED ASSETS 45 16. SERVICING OF THE MORTGAGE LOANS; SERVICER TERMINATION 46 17. EVENTS OF DEFAULT 49 18. REMEDIES 52 19. DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE 54 20. USE OF EMPLOYEE PLAN ASSETS 54 21. INDEMNITY 54 22. WAIVER OF REDEMPTION AND DEFICIENCY RIGHTS 56 23. REIMBURSEMENT; SET-OFF 56 24. FURTHER ASSURANCES 57 25. ENTIRE AGREEMENT; PRODUCT OF NEGOTIATION 58 26. TERMINATION 58 27. REHYPOTHECATION; ASSIGNMENT 58 28. AMENDMENTS, ETC. 59 29. SEVERABILITY 59 30. BINDING EFFECT; GOVERNING LAW 59 31. WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION AND VENUE; SERVICE OF PROCESS 59 32. SINGLE AGREEMENT 60 33. INTENT 60 34. NOTICES AND OTHER COMMUNICATIONS 62 35. CONFIDENTIALITY 63 36. DUE DILIGENCE 64 37. USA PATRIOT ACT; OFAC AND ANTI-TERRORISM 65 38. EXECUTION IN COUNTERPARTS 66 39. CONTRACTUAL RECOGNITION OF BAIL-IN 66 40. CONTRACTUAL RECOGNITION OF UK STAY IN RESOLUTION 67 41. NOTICE REGARDING CLIENT MONEY RULES 67 - i - SCHEDULES AND EXHIBITS EXHIBIT A-1 MONTHLY CERTIFICATION EXHIBIT A-2 QUARTERLY CERTIFICATION EXHIBIT B REPRESENTATIONS AND WARRANTIES WITH RESPECT TO MORTGAGE LOANS EXHIBIT C FORM OF TRANSACTION NOTICE EXHIBIT D FORM OF GOODBYE LETTER EXHIBIT E FORM OF WAREHOUSE LENDER’S RELEASE EXHIBIT F LIST OF DISAPPROVED MEMBERS OF THE MORTGAGE BACKED SECURITIES DIVISION OF THE FIXED INCOME CLEARING CORPORATION EXHIBIT G FORM OF ESCROW INSTRUCTION LETTER EXHIBIT H FORM OF SELLER MORTGAGE LOAN SCHEDULE EXHIBIT I FORM OF CORRESPONDENT SELLER RELEASE EXHIBIT J FORM OF SELLER FINANCIAL STATEMENTS (ANNUAL) EXHIBIT K FORM OF SELLER FINANCIAL STATEMENTS (PERIODIC) - ii - MASTER REPURCHASE AGREEMENT Dated as of September 8, 2020 BETWEEN: BARCLAYS BANK PLC, in its capacity as purchaser (together with its permitted successors and assigns in such capacity hereunder, “Barclays” or a “Purchaser”) and agent pursuant hereto (together with its permitted successors and assigns in such capacity hereunder, “Agent”), and United Shore Financial Services, LLC, in its capacity as a seller (together with its permitted successors and assigns in such capacity hereunder, “Seller”). Each such transaction shall be referred to herein as a “Transaction,” and shall be governed by this Agreement. This Agreement sets forth the procedures to be used in connection with periodic requests for Purchaser to enter into Transactions with Seller. Seller hereby acknowledges that Purchaser is under no obligation to enter into, any Transaction pursuant to this Agreement with respect to the Uncommitted Amount. Seller acknowledges that during the term of this Agreement, Agent may undertake to join any of Sheffield Receivables Corporation, Barclays Bank Delaware, any other asset-backed commercial paper conduit administered by Agent or any Affiliate of the Agent as additional purchasers under this Agreement, and Seller hereby consents to the joinder of such additional purchasers. View More
Found in Gores Holdings IV, Inc. contract

Variations of a "Applicability" Clause from Business Contracts

Applicability. DEFINITIONS AND INTERPRETATION 1 3. THE TRANSACTIONS 20 23 4. CONFIRMATION 24 26 5. TAKEOUT COMMITMENTS 24 26 6. PAYMENT AND TRANSFER 25 26 7. MARGIN MAINTENANCE 25 26 8. TAXES; TAX TREATMENT 26 27 9. SECURITY INTEREST; PURCHASER’S PURCHASERS’ APPOINTMENT AS ATTORNEY-IN-FACT 28 30 10. CONDITIONS PRECEDENT 30 31 11. RELEASE OF PURCHASED ASSETS 33 35 12. RELIANCE 34 35 13. REPRESENTATIONS AND WARRANTIES 34 35 14. COVENANTS OF SELLER 37 38 15. REPURCHASE OF PURCHASED ASSETS 45 16. SERVICING OF THE ...MORTGAGE LOANS; SERVICER TERMINATION 46 45 17. EVENTS OF DEFAULT 49 48 18. REMEDIES 52 51 19. DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE 54 53 20. USE OF EMPLOYEE PLAN ASSETS 54 53 21. INDEMNITY 54 53 22. WAIVER OF REDEMPTION AND DEFICIENCY RIGHTS 56 54 23. REIMBURSEMENT; SET-OFF 56 54 24. FURTHER ASSURANCES 57 56 25. ENTIRE AGREEMENT; PRODUCT OF NEGOTIATION 58 56 26. TERMINATION 58 56 27. REHYPOTHECATION; ASSIGNMENT 58 56 28. AMENDMENTS, ETC. 59 57 29. SEVERABILITY 59 57 30. BINDING EFFECT; GOVERNING LAW 59 57 31. WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION AND VENUE; SERVICE OF PROCESS 59 58 32. SINGLE AGREEMENT 60 58 33. INTENT 60 58 34. NOTICES AND OTHER COMMUNICATIONS 62 59 35. CONFIDENTIALITY 63 61 36. DUE DILIGENCE 64 62 37. EXECUTION IN COUNTERPARTS 62 38. USA PATRIOT ACT; OFAC AND ANTI-TERRORISM 65 38. EXECUTION IN COUNTERPARTS 66 39. CONTRACTUAL RECOGNITION OF BAIL-IN 66 40. CONTRACTUAL RECOGNITION OF UK STAY IN RESOLUTION 67 41. NOTICE REGARDING CLIENT MONEY RULES 67 - 63 Page i - of 100 EXHIBITS AND SCHEDULES AND EXHIBITS EXHIBIT A-1 A MONTHLY CERTIFICATION EXHIBIT A-2 QUARTERLY CERTIFICATION EXHIBIT B REPRESENTATIONS AND WARRANTIES WITH RESPECT TO MORTGAGE LOANS EXHIBIT C FORM OF TRANSACTION NOTICE EXHIBIT D FORM OF GOODBYE LETTER EXHIBIT E RESERVED EXHIBIT F FORM OF WAREHOUSE LENDER’S RELEASE EXHIBIT F LIST OF DISAPPROVED MEMBERS OF THE MORTGAGE BACKED SECURITIES DIVISION OF THE FIXED INCOME CLEARING CORPORATION TRADE ASSIGNMENT EXHIBIT G FORM OF ESCROW INSTRUCTION LETTER RESERVED EXHIBIT H FORM OF SELLER MORTGAGE LOAN SCHEDULE EXHIBIT I SELLER UNDERWRITING GUIDELINES EXHIBIT J LIST OF APPROVED TAKEOUT INVESTORS EXHIBIT K RESERVED EXHIBIT L FORM OF CORRESPONDENT SELLER RELEASE FORECLOSURE AND WORKOUT REPORT EXHIBIT J M RESERVED EXHIBIT N FORM OF SELLER FINANCIAL STATEMENTS (ANNUAL) INSTRUCTION LETTER EXHIBIT K O FORM OF SELLER FINANCIAL STATEMENTS (PERIODIC) - LEGAL OPINION SCHEDULE 1 EXCLUDED ORIGINATORS Page ii - of 100 MASTER REPURCHASE AGREEMENT Dated as of September 8, 2020 BETWEEN: May 11, 2015 AMONG: BARCLAYS BANK PLC, in its capacity as a purchaser (together with its permitted successors and assigns in such capacity hereunder, “Barclays” (“Barclays” or a “Purchaser”) and agent pursuant hereto (together with its permitted successors and assigns in such capacity hereunder, “Agent”), and United Shore Financial Services, (“Agent”), SUTTON FUNDING LLC, in its capacity as a seller (together purchaser (“Sutton” or a “Purchaser,” and together with its permitted successors Barclays, “Purchasers”), and assigns in such capacity hereunder, “Seller”). CALIBER HOME LOANS, INC. (“Seller”). Each such transaction shall be referred to herein as a “Transaction,” and shall be governed by this Agreement. This Agreement is not a commitment by Purchasers to enter into Transactions with Seller but rather sets forth the procedures to be used in connection with periodic requests for Purchaser Purchasers to enter into Transactions with Seller. Seller hereby acknowledges that Purchaser is Purchasers are under no obligation to enter into, any Transaction pursuant to this Agreement with respect to the Uncommitted Amount. Seller acknowledges that during the term of this Agreement, Agent may undertake to join any of Sheffield Receivables Corporation, Barclays Bank Delaware, any other asset-backed commercial paper conduit administered by Agent or any Affiliate of the Agent as additional purchasers under this Agreement, and Seller hereby consents to the joinder of such additional purchasers. View More
Found in Caliber Home Loans, Inc. contract
Applicability. DEFINITIONS AND INTERPRETATION 1 2 3. THE TRANSACTIONS 20 4. CONFIRMATION 24 5. TAKEOUT COMMITMENTS 24 [RESERVED] 25 6. PAYMENT AND TRANSFER 25 7. MARGIN MAINTENANCE 25 8. TAXES; TAX TREATMENT 26 9. SECURITY INTEREST; PURCHASER’S APPOINTMENT AS ATTORNEY-IN-FACT 28 10. CONDITIONS PRECEDENT 30 11. RELEASE OF PURCHASED ASSETS 33 34 12. RELIANCE 34 13. REPRESENTATIONS AND WARRANTIES 34 35 14. COVENANTS OF SELLER 37 38 15. REPURCHASE OF PURCHASED ASSETS 45 MORTGAGE LOANS 47 16. SERVICING OF THE MORTG...AGE LOANS; SERVICER TERMINATION 46 47 17. EVENTS OF DEFAULT 49 51 18. REMEDIES 52 53 19. DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE 54 56 20. USE OF EMPLOYEE PLAN ASSETS 54 56 21. INDEMNITY 54 56 22. WAIVER OF REDEMPTION AND DEFICIENCY RIGHTS 56 57 23. REIMBURSEMENT; SET-OFF 56 57 24. FURTHER ASSURANCES 57 59 25. ENTIRE AGREEMENT; PRODUCT OF NEGOTIATION 58 59 26. TERMINATION 58 59 27. REHYPOTHECATION; ASSIGNMENT 58 59 28. AMENDMENTS, ETC. 59 60 29. SEVERABILITY 59 61 30. BINDING EFFECT; GOVERNING LAW 59 61 31. WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION AND VENUE; SERVICE OF PROCESS 59 61 32. SINGLE AGREEMENT 60 62 33. INTENT 60 62 34. NOTICES AND OTHER COMMUNICATIONS 62 35. CONFIDENTIALITY 63 64 36. DUE DILIGENCE 64 66 37. USA PATRIOT ACT; OFAC AND ANTI-TERRORISM 65 67 38. [RESERVED] 67 39. EXECUTION IN COUNTERPARTS 66 39. 67 40. CONTRACTUAL RECOGNITION OF BAIL-IN 66 40. 68 41. [RESERVED] 68 42. CONTRACTUAL RECOGNITION OF UK STAY IN RESOLUTION 67 41. NOTICE REGARDING CLIENT MONEY RULES 67 - i - 68 43. NO WAIVER 68 -i- SCHEDULES AND EXHIBITS EXHIBIT A-1 MONTHLY CERTIFICATION EXHIBIT A-2 QUARTERLY CERTIFICATION A OFFICER’S COMPLIANCE CERTIFICATE EXHIBIT B REPRESENTATIONS AND WARRANTIES WITH RESPECT TO MORTGAGE LOANS EXHIBIT C FORM OF TRANSACTION NOTICE EXHIBIT D FORM OF GOODBYE LETTER EXHIBIT E FORM OF WAREHOUSE LENDER’S RELEASE EXHIBIT F LIST OF DISAPPROVED MEMBERS OF THE MORTGAGE BACKED SECURITIES DIVISION OF THE FIXED INCOME CLEARING CORPORATION [RESERVED] EXHIBIT G FORM OF ESCROW INSTRUCTION LETTER [RESERVED] EXHIBIT H FORM OF SELLER MORTGAGE LOAN SCHEDULE EXHIBIT I FORM OF CORRESPONDENT SELLER RELEASE EXHIBIT J FORM OF SELLER FINANCIAL STATEMENTS (ANNUAL) EXHIBIT K FORM OF SELLER FINANCIAL STATEMENTS (PERIODIC) - ii - -ii- MASTER REPURCHASE AGREEMENT Dated as of September 8, 2020 April 23, 2018 BETWEEN: BARCLAYS BANK PLC, in its capacity as purchaser (together with its permitted successors and assigns in such capacity hereunder, “Barclays” or a “Purchaser”) and in its capacity as agent pursuant hereto (together with its permitted successors and assigns in such capacity hereunder, “Agent”), and United Shore Financial Services, LLC, in its capacity as a seller REVERSE MORTGAGE SOLUTIONS, INC. (together with its permitted successors and assigns in such capacity hereunder, “RMS” or “Seller”). Each such transaction involving (x) the transfer of Eligible Mortgage Loans to Purchaser or (y) the transfer of REO Property (including REO Property resulting from a conversion of REO Property from a Mortgage Loan pursuant to Section 3(j) of this Agreement) to REO Subsidiary resulting in an increase in the value of the REO Asset, shall each be referred to herein as a “Transaction,” and shall be governed by this Agreement. This Agreement sets forth the procedures to be used in connection with periodic requests for Purchaser to enter into Transactions with Seller. Seller hereby acknowledges that Purchaser is under no obligation to enter into, any Transaction pursuant to this Agreement with respect to the Uncommitted Amount. Seller acknowledges that during the term of this Agreement, Agent may undertake to join any either one or both of Sheffield Receivables Corporation, Corporation and Barclays Bank Delaware, any other asset-backed commercial paper conduit administered by Agent or any Affiliate of the Agent Delaware as additional purchasers under this Agreement, and Seller hereby consents to the joinder of such additional purchasers. On the initial Purchase Date, Purchaser will purchase certain Eligible Mortgage Loans from Seller in connection with the Transaction on such date. After the initial Purchase Date, as part of separate Transactions, Seller may request and, as set forth in the previous paragraph and subject to the terms and conditions of this Agreement, Purchaser may or shall fund an increase in the Aggregate MRA Purchase Price for (i) additional Eligible Mortgage Loans and (ii) the REO Asset based upon the conveyance by RMS of additional REO Properties to REO Subsidiary or the acquisition of additional REO Properties by the REO Subsidiary. View More
Found in DITECH HOLDING Corp contract
Applicability. DEFINITIONS AND INTERPRETATION 1 3. THE TRANSACTIONS 20 27 4. CONFIRMATION 24 29 5. TAKEOUT COMMITMENTS 24 29 6. PAYMENT AND TRANSFER 25 30 7. MARGIN MAINTENANCE 25 31 8. TAXES; TAX TREATMENT 26 31 9. EFFECT OF BENCHMARK TRANSITION EVENT 35 10. SECURITY INTEREST; PURCHASER’S APPOINTMENT AS ATTORNEY-IN-FACT 28 10. 36 11. CONDITIONS PRECEDENT 30 11. 37 12. RELEASE OF PURCHASED ASSETS 33 12. 41 13. RELIANCE 34 13. 41 14. REPRESENTATIONS AND WARRANTIES 34 14. 42 15. COVENANTS OF SELLER 37 15. 45 16.... REPURCHASE OF PURCHASED ASSETS 45 16. 53 17. SERVICING OF THE MORTGAGE LOANS; SERVICER TERMINATION 46 17. 53 18. EVENTS OF DEFAULT 49 18. 56 19. REMEDIES 52 19. 58 20. DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE 54 20. 61 21. USE OF EMPLOYEE PLAN ASSETS 54 21. 61 22. INDEMNITY 54 22. 61 23. WAIVER OF REDEMPTION AND DEFICIENCY ORDER OF DISPOSITION RIGHTS 56 23. 62 24. REIMBURSEMENT; SET-OFF 56 24. 62 25. FURTHER ASSURANCES 57 25. 64 26. ENTIRE AGREEMENT; PRODUCT OF NEGOTIATION 58 26. 64 27. TERMINATION 58 27. 64 28. REHYPOTHECATION; ASSIGNMENT 58 28. 64 29. AMENDMENTS, ETC. 59 29. 65 30. SEVERABILITY 59 30. 65 31. BINDING EFFECT; GOVERNING LAW 59 31. 66 32. WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION AND VENUE; SERVICE OF PROCESS 59 32. 66 33. SINGLE AGREEMENT 60 33. 67 34. INTENT 60 34. 67 35. NOTICES AND OTHER COMMUNICATIONS 62 35. 68 36. CONFIDENTIALITY 63 36. 70 37. DUE DILIGENCE 64 37. 71 38. USA PATRIOT ACT; OFAC AND ANTI-TERRORISM 65 38. 72 39. EXECUTION IN COUNTERPARTS 66 39. 73 40. CONTRACTUAL RECOGNITION OF BAIL-IN 66 40. 73 41. CONTRACTUAL RECOGNITION OF UK STAY IN RESOLUTION 67 41. 73 42. NOTICE REGARDING CLIENT MONEY RULES 67 - i - RULES. 74 -i- SCHEDULES AND EXHIBITS EXHIBIT A-1 MONTHLY CERTIFICATION EXHIBIT A-2 QUARTERLY CERTIFICATION EXHIBIT B REPRESENTATIONS AND WARRANTIES WITH RESPECT TO MORTGAGE LOANS EXHIBIT C FORM OF TRANSACTION NOTICE EXHIBIT D FORM OF GOODBYE LETTER PREFUNDING REQUEST EXHIBIT E FORM OF WAREHOUSE LENDER’S RELEASE EXHIBIT F LIST OF DISAPPROVED MEMBERS OF THE MORTGAGE BACKED SECURITIES DIVISION OF THE FIXED INCOME CLEARING CORPORATION EXHIBIT G FORM OF ESCROW INSTRUCTION LETTER RESERVED EXHIBIT H FORM OF SELLER MORTGAGE LOAN SCHEDULE EXHIBIT I FORM OF CORRESPONDENT SELLER RELEASE EXHIBIT J FORM OF SELLER FINANCIAL STATEMENTS (ANNUAL) EXHIBIT K FORM OF SELLER FINANCIAL STATEMENTS (PERIODIC) - ii - EXHIBIT L TAKEOUT INVESTORS -ii- MASTER REPURCHASE AGREEMENT Dated as of September 8, August 25, 2020 BETWEEN: BARCLAYS BANK PLC, in its capacity as purchaser (together with its permitted successors and assigns in such capacity hereunder, “Barclays” or a “Purchaser”) and agent pursuant hereto (together with its permitted successors and assigns in such capacity hereunder, “Agent”), and United Shore Financial Services, loanDepot.com, LLC, in its capacity as a seller (together with its permitted successors and assigns in such capacity hereunder, “Seller”). Each such transaction shall be referred to herein as a “Transaction,” and shall be governed by this Agreement. This Agreement sets forth the procedures to be used in connection with periodic requests for Purchaser to enter into Transactions with Seller. Seller hereby acknowledges that Purchaser is under no obligation to enter into, any Transaction pursuant to this Agreement with respect to the Uncommitted Amount. Agreement. Seller acknowledges that during the term of this Agreement, Agent may undertake to join any of Sheffield Receivables Corporation, Barclays Bank Delaware, Salisbury Receivables Company LLC, and Barclays CCP Funding LLC as additional purchasers under this Agreement and provided that such entities enter into a customary nondisclosure agreement with Seller, Seller hereby consents to the joinder of such additional purchasers. In the event that Agent undertakes to join any other asset-backed commercial paper conduit conduits administered by Agent or any Affiliate of the Agent as additional purchasers under this Agreement, and Seller hereby consents to the joinder of such additional purchasers. purchasers may be joined hereunder with prior written notice to Seller provided that such entities are either financial institutions or financial participants, as such terms are defined in Bankruptcy Code Sections 101(22) and 101(22)(A), respectively, and provided further that such entities enter into a customary nondisclosure agreement with Seller. View More
Found in loanDepot, Inc. contract
Applicability. DEFINITIONS AND INTERPRETATION 1 3. THE TRANSACTIONS 20 24 4. CONFIRMATION 24 27 5. TAKEOUT COMMITMENTS 24 [Reserved] 27 6. PAYMENT AND TRANSFER 25 27 7. MARGIN MAINTENANCE 25 28 8. TAXES; TAX TREATMENT 26 28 9. SECURITY INTEREST; PURCHASER’S APPOINTMENT AS ATTORNEY-IN-FACT 28 31 10. CONDITIONS PRECEDENT 30 33 11. RELEASE OF PURCHASED ASSETS 33 38 12. RELIANCE 34 38 13. REPRESENTATIONS AND WARRANTIES 34 38 14. COVENANTS OF SELLER 37 41 15. REPURCHASE OF PURCHASED ASSETS 45 49 16. SERVICING OF TH...E MORTGAGE LOANS; SERVICER TERMINATION 46 50 17. EVENTS OF DEFAULT 49 53 18. REMEDIES 52 56 19. DELAY NOT WAIVER; REMEDIES ARE CUMULATIVE 54 58 20. USE OF EMPLOYEE PLAN ASSETS 54 59 21. INDEMNITY 54 59 22. WAIVER OF REDEMPTION AND DEFICIENCY RIGHTS 56 60 23. REIMBURSEMENT; SET-OFF 56 60 24. FURTHER ASSURANCES 57 61 25. ENTIRE AGREEMENT; PRODUCT OF NEGOTIATION 58 62 26. TERMINATION 58 62 27. REHYPOTHECATION; ASSIGNMENT 58 62 28. AMENDMENTS, ETC. 59 63 29. SEVERABILITY 59 63 30. BINDING EFFECT; GOVERNING LAW 59 63 31. WAIVER OF JURY TRIAL; CONSENT TO JURISDICTION AND VENUE; SERVICE OF PROCESS 59 64 32. SINGLE AGREEMENT 60 64 33. INTENT 60 65 34. NOTICES AND OTHER COMMUNICATIONS 62 65 35. CONFIDENTIALITY 63 67 36. DUE DILIGENCE 64 67 37. USA PATRIOT ACT; OFAC AND ANTI-TERRORISM 65 68 38. EXECUTION IN COUNTERPARTS 66 39. CONTRACTUAL RECOGNITION OF BAIL-IN 66 40. CONTRACTUAL RECOGNITION OF UK STAY IN RESOLUTION 67 41. NOTICE REGARDING CLIENT MONEY RULES 67 - i - AMENDMENT AND RESTATEMENT 69 -i- SCHEDULES AND EXHIBITS EXHIBIT A-1 A FORM OF MONTHLY CERTIFICATION EXHIBIT A-2 QUARTERLY CERTIFICATION EXHIBIT B REPRESENTATIONS AND WARRANTIES WITH RESPECT TO MORTGAGE LOANS EXHIBIT C FORM OF TRANSACTION NOTICE EXHIBIT D FORM OF GOODBYE LETTER EXHIBIT E FORM OF WAREHOUSE LENDER’S RELEASE EXHIBIT F LIST OF DISAPPROVED MEMBERS OF THE MORTGAGE BACKED SECURITIES DIVISION OF THE FIXED INCOME CLEARING CORPORATION EXHIBIT G FORM OF ESCROW INSTRUCTION LETTER EXHIBIT H H-1 FORM OF SELLER MORTGAGE LOAN SCHEDULE EXHIBIT I FORM OF CORRESPONDENT SELLER RELEASE EXHIBIT J H-2 FORM OF SELLER FINANCIAL STATEMENTS (ANNUAL) RTL MORTGAGE LOAN SCHEDULE EXHIBIT K I-A FORM OF SELLER FINANCIAL STATEMENTS (PERIODIC) - ii - INSTRUCTION LETTER SCHEDULE 1 SCHEDULED COMPETITORS -ii- AMENDED AND RESTATED MASTER REPURCHASE AGREEMENT Dated as of September 8, 2020 July 13, 2018 BETWEEN: BARCLAYS BANK PLC, in its capacity as purchaser (together with its permitted successors and assigns in such capacity hereunder, “Barclays” or a “Purchaser”) and agent pursuant hereto (together with its permitted successors and assigns in such capacity hereunder, “Agent”), and United Shore Financial Services, LLC, Velocity Commercial Capital, LLC in its capacity as a seller (together with its permitted successors and assigns in such capacity hereunder, “Seller”). “Seller”) 1. APPLICABILITY Purchaser shall from time to time, upon the terms and conditions set forth herein, agree to enter into transactions on a committed basis with respect to the Committed Amount and may from time to time, upon the terms and conditions set forth herein agree to enter into transactions on an uncommitted basis with respect to the Uncommitted Amount, in which Seller sells to Purchaser Eligible Mortgage Loans, on a servicing-released basis, against the transfer of funds by Purchaser, with a simultaneous agreement by Purchaser to transfer to Seller such Purchased Assets on a date certain not later than one year following such transfer, against the transfer of funds by Seller; provided, that the Aggregate MRA Purchase Price shall not exceed, as of any date of determination, the lesser of (a) the Maximum Aggregate Purchase Price and (b) the Asset Base. Each such transaction shall be referred to herein as a “Transaction,” and shall be governed by this Agreement. This Except with respect to the Committed Amount, this Agreement is not a commitment by Purchaser to enter into Transactions with Seller but rather sets forth the procedures to be used in connection with periodic requests for Purchaser to enter into Transactions with Seller. Seller hereby acknowledges that Purchaser is under no obligation to enter into, any Transaction pursuant to this Agreement with respect to the Uncommitted Amount. Seller acknowledges that during the term of this Agreement, Agent may undertake to join any either one or both of Sheffield Receivables Corporation, Corporation and Barclays Bank Delaware, any other asset-backed commercial paper conduit administered by Agent or any Affiliate of the Agent Delaware as additional purchasers under this Agreement, and Seller hereby consents to the joinder of such additional purchasers. View More
Found in Velocity Financial, LLC contract