Common use of Due and Payable Clause in Contracts

Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by ▇▇▇▇▇ (at the written direction of the Indenture Trustee on behalf of the Noteholders), Buyer may (at the written direction of the Indenture Trustee on behalf of the Noteholders), by notice to Seller, declare all Obligations to be immediately due and payable, and any obligation of Buyer to enter into Transactions with Seller shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of Buyer to enter into Transactions with Seller shall immediately terminate. Buyer may enforce payment of the same and exercise any or all of the LEGAL02/43438678v9 rights, powers and remedies possessed by ▇▇▇▇▇, whether under this Agreement or any other Program Agreement or afforded by Applicable Law.

Appears in 1 contract

Sources: Master Repurchase Agreement (loanDepot, Inc.)

Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by ▇▇▇▇▇ the Buyer (at the written direction of the Indenture Trustee on behalf of the Noteholders), the Buyer may (at the written direction of the Indenture Trustee on behalf of the Noteholders), by notice to the Seller, declare all Obligations to be immediately due and payable, and any obligation of the Buyer to enter into Transactions with the Seller shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of the Buyer to enter into Transactions with the Seller shall immediately terminate. The Buyer may enforce payment of the same and exercise any or all of the LEGAL02/43438678v9 rights, powers and remedies possessed by ▇▇▇▇▇the Buyer, whether under this Agreement or any other Program Agreement or afforded by Applicable Law.

Appears in 1 contract

Sources: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by ▇▇▇▇▇ the Buyers (at the written direction of the Indenture Trustee on behalf of the Noteholders), Buyer the Buyers may (at the written direction of the Indenture Trustee on behalf of the Noteholders), by notice to Sellerthe Sellers, declare all Obligations to be immediately due and payable, and any obligation of Buyer the Buyers to enter into Transactions with Seller the Sellers shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d7.01(c), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of Buyer the Buyers to enter into Transactions with Seller the Sellers shall immediately terminate. Buyer The Buyers may enforce payment of the same and exercise any or all of the LEGAL02/43438678v9 rights, powers and remedies possessed by ▇▇▇▇▇the Buyers, whether under this Agreement or any other Program Agreement or afforded by Applicable Law.

Appears in 1 contract

Sources: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by ▇▇▇▇▇ (at the written direction of Buyer, the Indenture Trustee on behalf of the Noteholders), Buyer may (at the written direction of the Indenture Trustee on behalf of the Noteholders)may, by notice to the Repo Seller, declare all Obligations to be immediately due and payable, and any obligation of the Buyer to enter into Transactions with the Repo Seller shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of the Buyer to enter into Transactions with the Repo Seller shall immediately terminate. the Buyer may enforce payment of the same and exercise any or all of the LEGAL02/43438678v9 rights, powers and remedies possessed by ▇▇▇▇▇the Buyer, whether under this Agreement or Agreement, any other Program Agreement Agreement, the Agency Agreements or afforded by Applicable Law.

Appears in 1 contract

Sources: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Due and Payable. Upon the occurrence of any Event of Default which has not been waived in writing by ▇▇▇▇▇ the Buyer (at the written direction of the Indenture Trustee on behalf of the Noteholders), the Buyer may (at the written direction of the Indenture Trustee on behalf of the Noteholders), by notice to the Seller, declare all Obligations to be immediately due and payable, and any obligation of the Buyer to enter into Transactions with the Seller shall thereupon immediately terminate. Upon such declaration, the Obligations shall become immediately due and payable, both as to Purchase Price outstanding and Price Differential, without presentment, demand, protest or notice of any kind, all of which are hereby expressly waived, anything contained herein or other evidence of such Obligations to the contrary notwithstanding, except with respect to any Event of Default set forth in Section 7.01(d7.01(c), in which case all Obligations shall automatically become immediately due and payable without the necessity of any notice or other demand, and any obligation of the Buyer to enter into Transactions with the Seller shall immediately terminate. The Buyer may enforce payment of the same and exercise any or all of the LEGAL02/43438678v9 rights, powers and remedies possessed by ▇▇▇▇▇the Buyer, whether under this Agreement or any other Program Agreement or afforded by Applicable Law. For the avoidance of doubt, the Indenture Trustee, as assignee of the Buyer’s rights and claims under this Agreement, is authorized to and may (i) exercise the rights, powers and remedies of Buyer under this Section 7.03, and (ii) may sell or otherwise dispose of any or all of the Purchased Assets and the other Repurchase Assets in accordance with the terms of the Indenture.

Appears in 1 contract

Sources: Master Repurchase Agreement (PennyMac Financial Services, Inc.)