Common use of Ability to Perform Clause in Contracts

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

Appears in 621 contracts

Samples: Special Servicing Agreement (Lehman Mortgae Trust 2005-3), Servicing Agreement (Structured Asset Investment Loan Trust 2005-2), Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2003 S1)

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Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Servicer is solvent;

Appears in 63 contracts

Samples: Acknowledgment Agreement (Citigroup Mortgage Loan Trust 2006-Ar6), Assignment, Assumption and Recognition Agreement (Citigroup Mortgage Loan Trust 2007-10), Assignment, Assumption and Recognition Agreement (Citigroup Mortgage Loan Trust 2006-Ar9)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;.

Appears in 60 contracts

Samples: Flow Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar1), Flow Servicing Agreement (GSR Mortgage Loan Trust 2006-8f), Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it it, together with the Sub-Servicer, cannot perform each and every covenant contained in this Agreement;

Appears in 33 contracts

Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2007-2), Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Servicing Agreement (Thornburg Mortgage Securities Trust 2004-2)

Ability to Perform. The Special Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

Appears in 29 contracts

Samples: Servicing Agreement (Structured Asset Securities Corp. 2005-16), Servicing Agreement (Structured Asset Securities Corp. 2005-14), Servicing Agreement (Structured Asset Securities Corp Trust 2005-6)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this AgreementAgreement and the Servicer is solvent;

Appears in 15 contracts

Samples: Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Nc1), Servicing Agreement (Franklin Credit Holding Corp/De/), Servicing Agreement (Luminent Mortgage Trust 2007-2)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Servicing Agreement;.

Appears in 6 contracts

Samples: Flow Servicing Agreement (PennyMac Mortgage Investment Trust), Flow Servicing Agreement (Pennymac Financial Services, Inc.), Flow Servicing Agreement (PennyMac Mortgage Investment Trust)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant one of its covenants contained in this Agreement;Agreement as supplemented by the related Subservicing Supplement.

Appears in 4 contracts

Samples: Master Subservicing Agreement (Ocwen Financial Corp), Master Subservicing Agreement (Ocwen Financial Corp), Master Subservicing Agreement (Home Loan Servicing Solutions, Ltd.)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

Appears in 3 contracts

Samples: Loan Servicing Agreement (Franklin Credit Management Corp), Loan Servicing Agreement (Franklin Credit Holding Corp/De/), Loan Servicing Agreement (Franklin Credit Holding Corp/De/)

Ability to Perform. The [The/Each] Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (TBALT Corp.), Pooling and Servicing Agreement (TBALT Corp.)

Ability to Perform. The Servicer does not believe, nor does it have any cause or reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp), Pooling and Servicing Agreement (Credit Suisse First Boston Abs Trust 2002-Mh3)

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Ability to Perform. The Special Servicer does not believe, nor does it have any cause or reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Abs Trust 2002-Mh3), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained made by it in this Agreement;; and

Appears in 1 contract

Samples: Sale and Servicing Agreement (Structured Asset Securities Corporation)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant the covenants contained in this Agreement;Agreement in all material respects.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant and undertaking contained in this Agreement;.

Appears in 1 contract

Samples: Servicing Agreement (Homegold Financial Inc)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it it, together with the Subservicer, cannot perform each and every covenant contained in this Agreement;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP Trust 2006-2)

Ability to Perform. The Servicer does xxxx not believebelixxx, nor xxr does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;.

Appears in 1 contract

Samples: Flow Servicing Agreement (Luminent Mortgage Trust 2006-7)

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