Common use of Release by BMO Clause in Contracts

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the W▇▇▇▇ Fargo Warehouse Loans, the Fifth Third Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (g)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, W▇▇▇▇ Fargo Warehouse Loans, Fifth Third Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the W▇▇▇▇ Fargo Warehouse Loans, the Fifth Third Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-1 Loans, the 2009-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (g)(if)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, W▇▇▇▇ Fargo Warehouse Loans, Fifth Third Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 2010-1 Loans, 2009-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the W▇▇▇▇▇ Fargo Warehouse Loans, the Fifth Third Loans, the 2012-2 Loans, the 20122010-1 Loans, the 2011-1 Loans, the 20102009-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (g)(ie)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, W▇▇▇▇▇ Fargo Warehouse Loans, Fifth Third Loans, the 2012-2 Loans, the 20122010-1 Loans, the 2011-1 Loans, 20102009-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.

Release by BMO. BMO, as the collateral agent, (i) releases any and all rights in and to any Collections with respect to the Comerica Loans, the W▇▇▇▇▇ Fargo Warehouse Loans, the Fifth Third Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, the 2010-1 Loans, or in any Back-end Dealer Payments; provided, that no release shall have been granted with respect to amounts collected under any Pools or Purchased Loans which are Back-end Dealer Payments that have been set off by CAC or by Comerica pursuant to the CAC Credit Facility Documents against amounts owing under the BMO Loans and (ii) relinquishes all rights it has or may have to require CAC, individually or as servicer, any successor servicer or Warehouse Funding IV to use Collections on its behalf contrary to clause (g)(if)(i). BMO, as collateral agent, agrees that the lien and security interest granted to it pursuant to the BMO Warehouse Securitization Documents does not and shall not attach to any Comerica Loans, W▇▇▇▇▇ Fargo Warehouse Loans, Fifth Third Loans, the 2012-2 Loans, the 2012-1 Loans, the 2011-1 Loans, 2010-1 Loans (or related Collections) or to any Back-end Dealer Payments and shall not assert any claim thereto.