MARGIN AMOUNT MAINTENANCE. (a) At any time a Margin Deficit in excess of [***] exists, then Agent may, by notice to Seller (as such notice is more particularly set forth below, a “Margin Call”), require Seller to transfer to Agent on behalf of the Buyers or its designee, cash in an amount sufficient to eliminate the Margin Deficit (a “Margin Payment”). (b) Notice delivered pursuant to Section 4(a) may be given by any written or electronic means. Any Margin Deficit notice given before [***]. (New York City time) on a Business Day shall be met, and the related Margin Payment received, no later than [***]. (New York City time) on such Business Day. If notice is made after [***] (New York City time) on a Business Day, the Margin Payment shall be received by Agent at [***] (New York City time) on the following Business Day. (c) The failure of Agent, on any one (1) or more occasions, to exercise its rights hereunder, including, without limitation, its failure to send a Margin Call notice at any time a Purchased Asset is no longer an Eligible Mortgage Loan, or at any time there exists a Margin Deficit, shall not change or alter the terms and conditions to which this Agreement is subject or limit the right of Agent or any Buyer to do so at a later date, or in any way create additional rights for Seller. (d) Any cash transferred to Agent pursuant to Section 4(a) above shall be credited to the Repurchase Price of the related Transactions.
Appears in 1 contract
Sources: Master Repurchase Agreement (Finance of America Companies Inc.)
MARGIN AMOUNT MAINTENANCE. (a) At any time a Margin Deficit exists in excess of [***] exists], then Agent Buyer may, by notice to Seller (as such notice is more particularly set forth below, a “Margin Call”), require Seller to transfer to Agent on behalf of the Buyers Buyer or its designee, cash or, in an amount sufficient Buyer’s sole discretion, Additional Acceptable Assets to eliminate the cure such Margin Deficit (a such amount or Additional Acceptable Assets, the “Margin Payment”).
(b) Notice delivered pursuant to Section 4(a) may be given by any written or electronic means. Any Margin Deficit notice given before [***]. ] (New York City time) on a Business Day shall be met, and the related Margin Payment received, no later than [***]. ] (New York City time) on such the following Business Day. If notice is made after [***] (New York City time) on a Business Day, the Margin Payment shall be received by Agent Buyer at [***] ]. (New York City time) on the second following Business Day.
(c) The failure of AgentBuyer, on any one (1) or more occasions, to exercise its rights hereunder, including, without limitation, its failure to send a Margin Call notice at any time a Purchased Asset is no longer an Eligible Mortgage Loan, or at any time there exists a Margin Deficit, shall not change or alter the terms and conditions to which this Agreement is subject or limit the right of Agent or any Buyer to do so at a later date, or in any way create additional rights for Seller.
(d) Any cash transferred to Agent Buyer pursuant to Section 4(a) above shall be credited to the Repurchase Price of the related Transactions.
Appears in 1 contract
Sources: Master Repurchase Agreement (Finance of America Companies Inc.)
MARGIN AMOUNT MAINTENANCE. (a) At any time a Margin Deficit in excess of [***] the Minimum Margin Threshold exists, then Agent Buyer may, by notice to Seller (as such notice is more particularly set forth below, a “Margin Call”), require Seller to transfer to Agent on behalf of the Buyers Buyer or its designee, cash or, in Buyer’s sole discretion, additional Eligible Mortgage Loans (the “Additional Purchased Assets”) in an amount (or Asset Value, in the case of Additional Purchased Assets) sufficient to eliminate the Margin Deficit (a “Margin Payment”).
(b) Notice delivered pursuant to Section 4(a) may be given by any written or electronic means. Any Margin Deficit notice given before [***]. ] (New York City time) on a Business Day shall be met, and the related Margin Payment received, no later than [***]. 5:00 p.m. (New York City time) on such the following Business Day. If notice is made after [***] (New York City time) on a Business Day, the Margin Payment shall be received by Agent Buyer at [***] (New York City time) on the following second Business Day.
(c) The failure of AgentBuyer, on any one (1) or more occasions, to exercise its rights hereunder, including, without limitation, its failure to send a Margin Call notice at any time a Purchased Asset is no longer an Eligible Mortgage Loan, or at any time there exists a Margin Deficit, shall not change or alter the terms and conditions to which this Agreement is subject or limit the right of Agent or any Buyer to do so at a later date, or in any way create additional rights for Seller.
(d) Any cash transferred to Agent Buyer pursuant to Section 4(a) above shall be credited to the Repurchase Price of the related Transactions.
Appears in 1 contract
Sources: Master Repurchase Agreement (Finance of America Companies Inc.)
MARGIN AMOUNT MAINTENANCE. (a) At Buyer shall determine the Market Value of each Purchased Asset at such intervals as determined by Buyer in its sole discretion.
(b) If at any time the aggregate Asset Values of Purchased Assets then subject to Transactions are less than the aggregate Purchase Prices (taking into account the application of LEGAL02/45709332v2 any Buydown Availability pursuant to Section 9(f) hereof) for such Purchased Assets (a “Margin Deficit in excess of [***] existsDeficit”), then Agent may, Buyer may by notice to Seller (as such notice is more particularly set forth below, a “Margin Call”), require Seller to transfer to Agent on behalf Buyer or its designee cash in the amount of the Buyers or its designee, cash in an amount sufficient to eliminate the Margin Deficit (a “Margin Payment”)Deficit.
(bc) Notice delivered pursuant to Section 4(a4(b) may be given by any written or electronic means. Any Margin Deficit notice given before [***]. (New York City time) ] on a Business Day shall be met, and the related Margin Payment receivedCall satisfied, no later than [***]. (New York City time) ] on such Business Day. If ; notice is made given after [***] (New York City time) ]on a Business Day, the Margin Payment Day shall be received by Agent at met, and the related Margin Call satisfied, no later than [***] (New York City time) on the following Business Day.
(cd) The failure of AgentBuyer, on any one (1) or more occasions, to exercise its rights hereunder, including, without limitation, its failure to send a Margin Call notice at any time a Purchased Asset is no longer an Eligible Mortgage Loan, or at any time there exists a Margin Deficit, shall not change or alter the terms and conditions to which this Agreement is subject or limit the right of Agent or any Buyer to do so at a later date, . Seller and Buyer each agree that a failure or delay by Buyer to exercise its rights hereunder shall not limit or waive Buyer’s rights under this Agreement or otherwise existing by law or in any way create additional rights for Seller.
(de) Any cash transferred to Agent Buyer pursuant to Section 4(a4(b) above shall be credited to the Repurchase Price of the related Transactionsheld as unsegregated cash margin and collateral for all Obligations under this Agreement.
Appears in 1 contract
MARGIN AMOUNT MAINTENANCE. (a) At any time a Margin Deficit exists in excess of [***] exists], then Agent Buyer may, by notice to Seller (as such notice is more particularly set forth below, a “Margin Call”), require Seller to transfer to Agent on behalf of the Buyers Buyer or its designee, cash or, in an amount sufficient Buyer’s sole discretion, Additional Acceptable Assets to eliminate the cure such Margin Deficit (a such amount or Additional Acceptable Assets, the “Margin Payment”).
(b) Notice delivered pursuant to Section 4(a) may be given by any written or electronic means. Any Margin Deficit notice given before [***]. ] (New York City time) on a Business Day shall be met, and the related Margin Payment received, no later than [***]. ] (New York City time) on such the following Business Day. If notice is made after [***] (New York City time) on a Business Day, the Margin Payment shall be received by Agent Buyer at [***] (New York City time) on the second following Business Day.
(c) The failure of AgentBuyer, on any one (1) or more occasions, to exercise its rights hereunder, including, without limitation, its failure to send a Margin Call notice at any time a Purchased Asset is no longer an Eligible Mortgage Loan, or at any time there exists a Margin Deficit, shall not change or alter the terms and conditions to which this Agreement is subject or limit the right of Agent or any Buyer to do so at a later date, or in any way create additional rights for Seller.
(d) Any cash transferred to Agent Buyer pursuant to Section 4(a) above shall be credited to the Repurchase Price of the related Transactions.
Appears in 1 contract
Sources: Master Repurchase Agreement (Finance of America Companies Inc.)