Representation and Warranty means any representation or warranty made pursuant to or under (a) Section 2.02, Article 3, Section 5.02 or any other provision of this Agreement or (b) any amendment to, or waiver of rights under, this Agreement, WHETHER OR NOT, IN THE CASE OF ANY REPRESENTATION OR WARRANTY REFERRED TO IN CLAUSE (a) OR (b) OF THIS DEFINITION (EXCEPT, IN EACH CASE, TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED), THE INFORMATION THAT IS THE SUBJECT MATTER THEREOF IS WITHIN THE KNOWLEDGE OF THE BORROWER.

Representation and Warranty means any representation or warranty made pursuant to or under (a) Article 3 or any other provision of this Agreement or (b) any amendment to, or waiver of rights under, this Agreement, WHETHER OR NOT, IN THE CASE OF ANY REPRESENTATION OR WARRANTY REFERRED TO IN CLAUSE (a) OR (b) OF THIS DEFINITION (EXCEPT, IN EACH CASE, TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED), THE INFORMATION THAT IS THE SUBJECT MATTER THEREOF IS WITHIN THE KNOWLEDGE OF THE BORROWER.

Representation and Warranty means each representation and/or warranty made by Borrower pursuant to or under (i) §6 or any other provision of this Agreement or any other Credit Document, (ii) any amendment of or waiver or consent under this Agreement, (iii) any Schedule to this Agreement or any such amendment, waiver or consent, or (iv) any statement contained in any certificate, financial statement, or other instrument or document delivered by or on behalf of Borrower pursuant to any Credit Document, whether or not (except as expressly provided to the contrary herein), in the case of any representation or warranty referred to in clause (i), (ii), (iii) or (iv) of this definition, the information that is the subject matter thereof is within the knowledge of Borrower.

Examples of Representation and Warranty in a sentence

A breach of the “1-4 Family; U.S.” Representation and Warranty that caused a Significant Actual Loss to the Trust.
A breach of the “Title, Lien Priority” or “Taxes Paid” Representation and Warranty that caused the mortgage to not be in first lien position as of the Closing Date and Seller had not provided title insurance insuring that the mortgage was in first lien position.
A breach of the “Data” Representation and Warranty that caused a Significant Actual Loss to the Trust or a material diminution in value of such Mortgage Loan.
A breach of the “No Encumbrances or Pledges” Representation and Warranty that resulted in Seller being unable to convey ownership of the Mortgage Loan on the Closing Date.
A breach of the “Hazard Insurance” or “Flood Insurance” Representation and Warranty and (i) the physical condition of the mortgaged property was substantially different on the Closing Date from the information provided in the BPOs and servicing notes provided with the offering materials, and (ii) such difference resulted in a Significant Actual Loss.

More Definitions of Representation and Warranty

Representation and Warranty means any representation or warranty made pursuant to or under (a) Article IV or any other provision of this Agreement or (b) any amendment to, or waiver of rights under, this Agreement.

Representation and Warranty means any representation or warranty made pursuant to or under (a) Section 2.02, Article 3, or any other provision of this Agreement, (b) Annex C or Annex E or (c) any amendment to, or waiver of rights under, this Agreement, or either such Annex, WHETHER OR NOT, IN THE CASE OF ANY REPRESENTATION OR WARRANTY REFERRED TO IN CLAUSE (a), (b) OR (c) OF THIS DEFINITION (EXCEPT, IN EACH CASE, TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED), THE INFORMATION THAT IS THE SUBJECT MATTER THEREOF IS WITHIN THE KNOWLEDGE OF RBMG.

Representation and Warranty and "Security Interest" and as otherwise specified herein, all terms defined in the Credit Agreement are used herein with the meanings therein ascribed to them.

Representation and Warranty means any representation or warranty made by the Borrower, any Guarantor or any other Loan Party pursuant to or under (a) Section 2.02, Article 3, Section 5.02 or any other provision of this Agreement or (b) any amendment to, or waiver of rights under, this Agreement, WHETHER OR NOT, IN THE CASE OF ANY REPRESENTATION OR WARRANTY REFERRED TO IN CLAUSE (a) OR (b) OF THIS DEFINITION (EXCEPT, IN EACH CASE, TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED), THE INFORMATION THAT IS THE SUBJECT MATTER THEREOF IS WITHIN THE KNOWLEDGE OF SUCH LOAN PARTY.

Representation and Warranty means each representation or warranty made pursuant to or under (i) Article 2 or any other provision of this Agreement or (ii) any amendment to, or waiver of rights under, this Agreement, WHETHER OR NOT, IN THE CASE OF ANY REPRESENTATION OR WARRANTY REFERRED TO IN CLAUSE (i) OR (ii) OF THIS DEFINITION (EXCEPT, IN EACH CASE, TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED), THE INFORMATION THAT IS THE SUBJECT MATTER THEREOF IS WITHIN THE KNOWLEDGE OF THE GUARANTOR.

Representation and Warranty means each representation and warranty made pursuant to or under (i) Section 3.3, Article IV, Section 6.2 or any other provision of this Agreement or any other Loan Document, (ii) any amendment of or waiver or consent under this Agreement or any other Loan Document, (iii) any Schedule to this Agreement, any other Loan Document or any such amendment, waiver or consent, or (iv) any statement contained in any certificate, financial statement, legal opinion or other instrument or document delivered by or on behalf of the Borrower or any Subsidiary pursuant to any Loan Document, WHETHER OR NOT (except as expressly provided to the contrary herein), IN THE CASE OF ANY REPRESENTATION OR WARRANTY REFERRED TO IN CLAUSE (i), (ii), (iii) OR (iv) OF THIS DEFINITION, THE INFORMATION THAT IS THE SUBJECT MATTER THEREOF IS WITHIN THE KNOWLEDGE OF THE BORROWER OR SUCH SUBSIDIARY.

Representation and Warranty means each representation and warranty made pursuant to or under (i) /section/3.02, /section/4, /section/6.02 or any other provision of this Agreement or any other Loan Document, (ii) any amendment of or waiver or consent under this Agreement, (iii) any Schedule to this Agreement or any such amendment, waiver or consent, or (iv) any statement contained in any certificate, financial statement, legal opinion or other instrument or document delivered by or on behalf of either Borrower or either Guarantor pursuant to any Loan Document, whether or not (except as expressly provided to the contrary herein), in the case of any representation or warranty referred to in clause (i), (ii), (iii) or (iv) of this definition, the information that is the subject matter thereof is within the knowledge of either Borrower or either Guarantor.