Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.;
Appears in 8 contracts
Samples: Servicing Agreement (Sturctured Asset Securities Corp Mort Pass Thru Ser 2004-1), Warranties and Servicing Agreement (Structured Asset Securities Corp), Warranties and Servicing Agreement (Lehman Sarm 2005-5)
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.;
Appears in 8 contracts
Samples: Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A1), Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A4), Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series 2006-A1)
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors.;
Appears in 5 contracts
Samples: Reconstituted Servicing Agreement (Lehman Mortgage Trust 2007-10), Reconstituted Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs), Lehman Brothers (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5)
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.;
Appears in 4 contracts
Samples: Execution (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-22), Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-17), Master Mortgage Loan Purchase and Warranties Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h)
Ability to Perform. Solvency. The Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.;
Appears in 4 contracts
Samples: Purchase and Warranties Agreement (Franklin Finance Corp), Mortgage Loan Purchase and Warranties Agreement (Franklin Finance Corp), Purchase and Warranties Agreement (D&n Capital Corp)
Ability to Perform. The Seller 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 Seller is solvent and will not be rendered insolvent by the sale consummation of the Mortgage Loans will not cause the Seller to become insolventtransactions contemplated hereby. The sale of the Mortgage Loans Assets is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors.;
Appears in 3 contracts
Samples: Asset Purchase and Interim Servicing Agreement (First Financial Holdings Inc /De/), Asset Purchase and Interim Servicing Agreement (United Community Financial Corp), Asset Purchase Agreement (Jacksonville Bancorp Inc /Fl/)
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors.;
Appears in 3 contracts
Samples: Wells Fargo Servicing Agreement (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar2), Assignment, Assumption and Recognition Agreement (Bear Stearns ARM Trust 2007-2), Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar1)
Ability to Perform. The Seller 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 Seller It is solvent and the sale of the Mortgage Loans will not cause the Seller it to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's its creditors.;
Appears in 3 contracts
Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1), Mortgage Loan Flow Purchase (Sunset Financial Resources Inc)
Ability to Perform. The Seller 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 in all material respects. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Eligible Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors.;
Appears in 2 contracts
Samples: Master Repurchase Agreement (PHH Corp), Master Repurchase Agreement (PHH Corp)
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans Assets will not cause the Seller to become insolvent. The sale of the Mortgage Loans Assets is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.;
Appears in 2 contracts
Samples: Asset Sale Agreement (Fremont Mortgage Securities Corp), Asset Sale Agreement (National Mortgage Securities Corp)
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors.;
Appears in 2 contracts
Samples: Purchase and Warranties Agreement (Sasco 2006-Bc3), Reconstituted Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-10)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it (or AHMS on its behalf) cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors.;
Appears in 2 contracts
Samples: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Lehman XS Trust Series 2007-15n), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Lehman XS Trust Series 2007-7n)
Ability to Perform. The Solvency. Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.;
Appears in 1 contract
Ability to Perform. Solvency. The Seller does not believe, nor does is it have aware any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.;
Appears in 1 contract
Samples: Mortgage Loan Purchase and Sale Agreement (Flagstar Capital Corp)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform comply in all material respects with each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.. The Seller is an institution whose accounts are insured by the FDIC;
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2001 19)
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors.;
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Five Oaks Investment Corp.)
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans Assets will not cause the Seller to become insolvent. The sale of the Mortgage Loans Assets is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.;
Appears in 1 contract
Samples: Asset Sale Agreement (Southpoint Residential Mortgage Securities Corp)
Ability to Perform. The Solvency. Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.;
Appears in 1 contract
Samples: Continuing Loan Purchase Agreement (Austin Funding Com Corp)
Ability to Perform. The Such Seller does not believe, nor does it such Seller have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Such Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the such Seller's creditors.;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's its creditors.;
Appears in 1 contract
Samples: Flow Mortgage Loan Interim Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1)
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.;
Appears in 1 contract
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.. The Seller is an institution whose accounts are insured by the FDIC;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Ability to Perform. The Seller 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 Seller is solvent and the sale of the Mortgage Loans Assets will not cause the Seller to become insolvent. The sale of the Mortgage Loans Assets is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors.;
Appears in 1 contract
Samples: Sale Agreement (Etrade Mortgage Backed Securities Corp)
