Common use of Seller Request; Agent Confirmation Clause in Contracts

Seller Request; Agent Confirmation. (a) Subject to the terms and conditions of this Agreement (including, without limitation, the terms and conditions set forth in Section 2.1 and Section 14), the Seller may request a Regular Transaction and the Buyers shall fund such Regular Transaction, subject to the following: (i) Agent and Custodian shall have received a Request/Confirmation in accordance with Section 3.2 hereof by no later than 1:00 p.m. (Houston, Texas time) on the proposed Purchase Date; and (ii) Agent shall have received a satisfactory Asset Schedule from the Custodian on the proposed Purchase Date; Provided that if such items are received by the applicable parties on any Business Day, but are not received by the times specified above, the Transaction may be funded on the same day, at the Swing Line Buyer’s option, as a Swing Line Transaction (subject to the conditions set forth in Section 2.5 above), or on the next Business Day as a Regular Transaction, subject in each case to the other terms and conditions of this Agreement. (b) Upon receiving any Request/Confirmation for any Regular Transaction under Section 3.1 hereof, Agent shall promptly notify each Buyer by wire, telex or telephone (confirmed by wire, telecopy or telex). Unless such Buyer’s commitment to make purchases hereunder shall have been suspended or terminated in accordance with this Agreement, each such Buyer shall make available the amount of its respective Funding Share of each requested Transaction in immediately available funds to the Agent, at the office of the Agent specified in Section 2.5(d), no later than 4:00 p.m. (Houston, Texas time) on the date of such Transaction. Any Buyer that fails to fund its Funding Share of any Transaction shall be deemed to be a Nonfunding Buyer and a Defaulting Buyer under the terms of this Agreement.

Seller Request; Agent Confirmation. (a) Subject to the terms and conditions of this Agreement (including, without limitation, the terms and conditions set forth in Section 2.1 and Section 14), the Seller may request a Regular Transaction and the Buyers shall fund such Regular Transaction, subject to the following: (i) Agent and Custodian shall have received a Request/Confirmation in accordance with Section 3.2 hereof by no later than 1:00 p.m. (Houston, Texas time) on the proposed Purchase Date; and (ii) Agent shall have received a satisfactory Asset Schedule from the Custodian on the proposed Purchase Date; Provided that if such items are received by the applicable parties on any Business Day, but are not received by the times specified above, the Transaction may be funded on the same day, at the Swing Line Buyer’s option, as a Swing Line Transaction (subject to the conditions set forth in Section 2.5 above), or on the next Business Day as a Regular Transaction, subject in each case to the other terms and conditions of this Agreement. (b) Upon receiving any Request/Confirmation for any Regular Transaction under Section 3.1 hereof, Agent shall promptly notify each Buyer by wire, telex or telephone (confirmed by wire, telecopy or telex). Unless such Buyer’s commitment to make purchases hereunder shall have been suspended or terminated in accordance with this Agreement, each such Buyer shall make available the amount of its respective Funding Share of each requested Transaction in immediately available funds to the Agent, at the office of the Agent specified in Section 2.5(d), no later than 4:00 p.m. (Houston, Texas time) on the date of such Transaction. Any Buyer that fails to fund its Funding Share of any Transaction shall be deemed to be a Nonfunding Buyer and a Defaulting Buyer under the terms of this Agreement.fund

Seller Request; Agent Confirmation. (a) Subject to the terms and conditions of this Agreement (including, without limitation, the terms and conditions set forth in Section 2.1 and Section 14), the Seller may request a Regular Transaction and the Buyers shall fund such Regular Transaction, subject to the following: : (i) Agent and Custodian shall have received a Request/Confirmation in accordance with Section 3.2 hereof by no later than 1:00 p.m. (Houston, Texas time) on the proposed Purchase Date; and and (ii) Agent shall have received a satisfactory Asset Schedule Eligible Loans Report from the Custodian on the proposed Purchase Date; Provided that if such items are received by the applicable parties on any Business Day, but are not received by the times specified above, the Transaction may be funded on the same day, at the Swing Line Buyer’s option, as a Swing Line Transaction (subject to the conditions set forth in Section 2.5 above), or on the next Business Day as a Regular Transaction, subject in each case to the other terms and conditions of this Agreement. (b) Upon receiving any Request/Confirmation for any Regular Transaction under Section 3.1 hereof, Agent shall promptly notify each Buyer by wire, telex or telephone (confirmed by wire, telecopy or telex). Unless such Buyer’s commitment to make purchases hereunder shall have been suspended or terminated in accordance with this Agreement, each such Buyer shall make available the amount of its respective Funding Share of each requested Transaction in immediately available funds to the Agent, at the office of the Agent specified in Section 2.5(d), no later than 4:00 p.m. (Houston, Texas time) on the date of such Transaction. Any Buyer that fails to fund its Funding Share of any Transaction shall be deemed to be a Nonfunding Buyer and a Defaulting Buyer under the terms of this Agreement.

Seller Request; Agent Confirmation. (a) Subject to the terms and conditions of this Agreement (including, without limitation, the terms and conditions set forth in Section 2.1 and Section 14), the Seller may request a Regular Transaction and the Buyers shall fund such Regular Transaction, subject to the following: : (i) Agent and Custodian shall have received a Request/Confirmation in accordance with Section 3.2 hereof by no later than 1:00 p.m. (Houston, Texas time) on the proposed Purchase Date; and and (ii) Agent shall have received a satisfactory Asset Schedule from the Custodian on the proposed Purchase Date; ; (iii) Provided that if such items are received by the applicable parties on any Business Day, but are not received by the times specified above, the Transaction may be funded on the same day, at the Swing Line Buyer’s option, as a Swing Line Transaction (subject to the conditions set forth in Section 2.5 above), or on the next Business Day as a Regular Transaction, subject in each case to the other terms and conditions of this Agreement. (b) Upon receiving any Request/Confirmation for any Regular Transaction under Section 3.1 hereof, Agent shall promptly notify each Buyer by wire, telex or telephone (confirmed by wire, telecopy or telex). Unless such Buyer’s commitment to make purchases hereunder shall have been suspended or terminated in accordance with this Agreement, each such Buyer shall make available the amount of its respective Funding Share of each requested Transaction in immediately available funds to the Agent, at the office of the Agent specified in Section 2.5(d), no later than 4:00 p.m. (Houston, Texas time) on the date of such Transaction. Any Buyer that fails to fund its Funding Share of any Transaction shall be deemed to be a Nonfunding Buyer and a Defaulting Buyer under the terms of this Agreement.

Seller Request; Agent Confirmation. (a) Subject to the terms and conditions of this Agreement (including, without limitation, the terms and conditions set forth in Section 2.1 and Section 14), the Seller may request a Regular Transaction and the Buyers shall fund such Regular Transaction, subject to the following: : (i) Agent and Custodian shall have received a Request/Confirmation in accordance with Section 3.2 hereof by no later than 1:00 p.m. (Houston, Texas time) on the proposed Purchase Date; and and (ii) Agent shall have received a satisfactory Asset Schedule Purchased Loan Activity Summary Report and, if requested by Agent, an Eligible Loans Report, from the Custodian on the proposed Purchase Date; Provided that if such items are received by the applicable parties on any Business Day, but are not received by the times specified above, the Transaction may be funded on the same day, at the Swing Line Buyer’s option, as a Swing Line Transaction (subject to the conditions set forth in Section 2.5 above), or on the next Business Day as a Regular Transaction, subject in each case to the other terms and conditions of this Agreement. (b) Upon receiving any Request/Confirmation for any Regular Transaction under Section 3.1 hereof, Agent shall promptly notify each Buyer by wire, telex or telephone (confirmed by wire, telecopy or telex). Unless such Buyer’s commitment to make purchases hereunder shall have been suspended or terminated in accordance with this Agreement, each such Buyer shall make available the amount of its respective Funding Share of each requested Transaction in immediately available funds to the Agent, at the office of the Agent specified in Section 2.5(d), no later than 4:00 p.m. (Houston, Texas time) on the date of such Transaction. Any Buyer that fails to fund its Funding Share of any Transaction shall be deemed to be a Nonfunding Buyer and a Defaulting Buyer under the terms of this Agreement.

Seller Request; Agent Confirmation. (a) Subject Any request to enter into a Transaction shall be made by notice to the terms and conditions Agent at the initiation of this Agreement (including, without limitation, the terms and conditions set forth in Section 2.1 and Section 14)Seller. To request a Transaction, the Seller may request a Regular Transaction shall deliver to the Agent and the Buyers shall fund such Regular Transaction, Custodian the Mortgage Loan Transmission File for each of the Eligible Loans subject to the following: Transaction by electronic transmission. (b) If the Seller submits a Mortgage Loan Transmission File to the Agent and the Custodian and: (i) Agent and Custodian shall have it is received a Request/Confirmation in accordance with Section 3.2 hereof by no later than before 1:00 p.m. (Houston, Texas time) on the proposed Purchase Date; and , the Transaction shall be funded as a Swing Line Transaction; (ii) Agent shall have it is received a satisfactory Asset Schedule from the Custodian after 1:00 p.m. on the proposed Purchase Date; Provided that if such items are received by the applicable parties on any Business Day, but are not received by the times specified above, the Transaction may be funded on the same dayU.S. Bank shall either, at its election, (i) fund the Swing Line Buyer’s option, requested Transaction as a Swing Line Transaction (subject to the conditions set forth in Section 2.5 above)on that same day, or (ii) arrange for its funding on the next Business Day as a Regular Swing Line Transaction, subject in each case to the other terms and conditions of this Agreement. (bc) Upon receiving any Request/Confirmation for any Regular Transaction under Section 3.1 hereof, Agent The Seller shall promptly notify each Buyer by wire, telex or telephone (confirmed by wire, telecopy or telex). Unless such Buyer’s commitment to make purchases hereunder shall have been suspended or terminated deliver a letter substantially in accordance with this Agreement, each such Buyer shall make available the amount form of its respective Funding Share of each requested Transaction in immediately available funds Exhibit A to the Agent, at the office of the Agent specified in Section 2.5(d), no later than 4:00 5:00 p.m. (Houston, Texas time) on the date of such Transactionday the Seller submits each Mortgage Loan Transmission File. Any Buyer that fails U.S. Bank shall have no obligation to fund any such late-requested Transaction as is described in Section 3.1(b)(ii) as a Swing Line Transaction if all of the requirements of Section 2.5 and this Section 3 are not satisfied, although U.S. Bank may elect to do so. If U.S. Bank does not elect to do so, then U.S. Bank shall fund such requested Transaction as a Swing Line Transaction on the next succeeding Business Day, provided that all conditions to its Funding Share funding (including the requirements of any Transaction shall be deemed to be a Nonfunding Buyer Section 2.5, this Section 3 and a Defaulting Buyer under the terms of this AgreementSection 14) are then satisfied.

Seller Request; Agent Confirmation. (a) Subject to the terms and conditions of this Agreement (including, without limitation, the terms and conditions set forth in Section 2.1 and Section 14), the Seller may request a Regular Transaction and the Buyers shall fund such Regular Transaction, subject to the following: (i) Agent and Custodian shall have received a Request/Confirmation in accordance with Section 3.2 hereof by no later than 1:00 p.m. (Houston, Texas time) on the proposed Purchase Date; and (ii) Agent shall have received a satisfactory Asset Schedule Purchased Loan Activity Summary Report and, if requested by Agent, an Eligible Loans Report, from the Custodian on the proposed Purchase Date; Provided that if such items are received by the applicable parties on any Business Day, but are not received by the times specified above, the Transaction may be funded on the same day, at the Swing Line Buyer’s option, as a Swing Line Transaction (subject to the conditions set forth in Section 2.5 above), or on the next Business Day as a Regular Transaction, subject in each case to the other terms and conditions of this Agreement.36 Bodman_16842095_7 (b) Upon receiving any Request/Confirmation for any Regular Transaction under Section 3.1 hereof, Agent shall promptly notify each Buyer by wire, telex or telephone (confirmed by wire, telecopy or telex). Unless such Buyer’s commitment to make purchases hereunder shall have been suspended or terminated in accordance with this Agreement, each such Buyer shall make available the amount of its respective Funding Share of each requested Transaction in immediately available funds to the Agent, at the office of the Agent specified in Section 2.5(d), no later than 4:00 p.m. (Houston, Texas time) on the date of such Transaction. Any Buyer that fails to fund its Funding Share of any Transaction shall be deemed to be a Nonfunding Buyer and a Defaulting Buyer under the terms of this Agreement.