"Any Asset, asset of the Failed Bank subject to an option to purchase or other asset purchased for which no purchase price is specified on Schedule 3.2 or otherwise herein shall be purchased at its Book" .
SCHEDULE 3.2 - Purchase Price of Assets (a) cash and receivables from depository Book Value institutions, including cash items in the process of collection, plus interest thereon: (b) securities (exclusive of the capital stock of Market Value Acquired Subsidiares), plus interest thereon: (c) federal funds sold and repurchase Book Value agreements, if any, including interest thereon: (d) Loans: Book Value (e) Other Real Estate: Book Value (f) credit card business, if any, including all Book Value outstanding extensions of credit: (g) Safe Deposit Boxes and related business, safekeeping business and trust business, if Book Value any: (h) Records and other documents: Book Value (i) capital stock of any Acquired Subsidiares: Book Value (j) amounts owed to the Failed Ban by any Book Value Acquired Subsidiary: (k) assets securing Deposits of public money, Book Value to the extent not otherwise purchased hereunder: (1) Overdrafts of customers: Book Value (m) rights, if any, with respect to Qualified Market Value Financial Contracts. (n) rights of the Failed Ban to provide Book Value mortgage servicing for others and to have mortgage servicing provided to the Failed Ban by others and related contracts. (0) Bank Premises: Book Value (p) Furniture and Equipment: Book Value (q) Fixtures: Book Value
Then we have this ....................
.......................... the Assuming Bank includes, but is not limited to, the entities listed on Schedule 3.1a. Notwithstanding Section 4.8, the Assuming Bank specifically purchases all mortgage servicing rights and obligations of the Failed Bank.
Mortgage servicing rights—the right to collect and process mortgage payments in return for servicing fees and other compensation—are a valuable asset, and JPMC valued WMB’s mortgage servicing rights at $5.8 billion, [ redacted ] (Ex. 324 at 94; see also Barren Tr. at 37:16-38:15.) The GSEs’ position as to this major WMB asset understandably concerned JPMC, which had “specifically purchase[d] all [WMB] mortgage servicing rights” from the FDIC. (P&A Agr. § 3.1.)