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Friday, March 20, 2015 10:00:30 AM
Also in tthe P&AA { https://www.fdic.gov/about/freedom/Washington_Mutual_P_and_A.pdf }
ARTICLE III
PURCHASE OF ASSETS
3.1 Assets Purchased by Assuming Bank. Subject to Sections 3.5, 3.6 and 4.8, the
Assuming Ban hereby purchases from the Receiver, and the Receiver hereby sells, assigns,
transfers, conveys, and delivers to the Assuming Ban, all right, title, and interest of
the Receiver
in and to all of
the assets (real, personal and mixed, wherever located and however acquired)
including all subsidiares, joint ventures, parnerships, and any and all other business
combinations or arangements, whether active, inactive, dissolved or terminated, of
the Failed
Ban whether or not reflected on the books of
the Failed Ban as of
Ban Closing. Assets are
purchased hereunder by the Assuming Ban subject to all
liabilities for indebtedness
collateralized by Liens affecting such Assets to the extent provided in Section 2.1. The
subsidiares, joint ventures, parnerships, and any and all other business combinations or
arangements, whether active, inactive, dissolved or terminated being purchased by the Assuming
Ban includes, but is not limited to, the entities listed on Schedule 3.1a. Notwithstanding
Section 4.8, the Assuming Ban specifically purchases all mortgage servicing rights and
obligations of the Failed Ban.
I've always been confused by this part of the contract ( which includes subsidiaries ) "vs" the one you mention in your post
""Assets" means all 'assets of the Failed Bank purchased pursuant to Section 3.1. Assets owned by Subsidiaries of the Failed Bank are not "Assets" within the meaning of this definition."
Which is your insight about this confusing "Assets vs assets" issue ??
Thanks in Advance Thony
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