This Agreement Shall Be Effective Retroactively

Moreover, FH Partners` argument ignores that the summary application of the retroactive effective date of the FDIC/Weatherford agreement to FDIC/FH loan sales documents would not be inconsistent with the explicit terms of the FDIC/FH loan sales documents. The loan agreement between FDIC and FH Partners expressly provides that “[n]o provision of this Agreement may be modified or rescinded unless it is executed in writing by all parties to this Agreement.” See paragraph 10.6. In addition, FDIC/FH Loan Sale Documents did not expect FDIC to be able to change what it transmitted to FH Partners after closing. On the contrary, the loan sale agreement expressed the intention to transfer “all rights, title and interest of [the FDIC]” to Loan A and Loan B “on the closing date of the sale of the loan”. See point 2.4 (highlighted only here).