Common use of Additional Representations and Warranties of the Company Clause in Contracts

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 3 contracts

Samples: Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)

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Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 3 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (and unless otherwise previously disclosed in such information the Company has provided under Section 13.03): 3: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement scheduled closing date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (viv) there are no material legal or governmental proceedings pending (or known to be contemplatedcontemplated by Government authorities) against the Company, or to the knowledge of the Company, any Subservicer or any Third-Party Originator; and (viivi) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Prime Mortgage Trust 2007-3), Warranties and Servicing Agreement (Prime Mortgage Trust 2007-1), Pooling and Servicing Agreement (Prime Mortgage Trust 2006-Cl1)

Additional Representations and Warranties of the Company. (ai) The Company shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 2(c) and as of the closing date of each related Securitization Transaction that, except as disclosed in writing to the Purchaser or such Depositor prior to such date date: (unless otherwise previously disclosed in information the Company has provided under Section 13.03): (iA) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (iiB) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iiiC) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (ivD) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (vE) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (viF) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (viiG) there are no affiliations, affiliations or relationships or and related transactions relating required to be disclosed under Item 1119 between the Company, any Subservicer or any Third-Party Originator with respect to and any of the parties listed in Section 2(c)(i)(D)(4)-(9) which are identified in writing by the Purchaser or Depositor in advance of the Securitization Transaction and any party thereto identified by the related Depositor pursuant to Section 2(c)(i)(D) of a type described in Item 1119 of Regulation ABthis Addendum.

Appears in 3 contracts

Samples: Warranties and Servicing Agreement (Structured Asset Securities CORP Mortgage Loan Trust 2006-Bc5), Warranties and Servicing Agreement (Sasco 2006-Bc3), Reconstituted Servicing Agreement (Sail 2006-3)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser Purchaser, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Purchaser, any Master Servicer or any Depositor under Section 13.03 2.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria Servicing Criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could are reasonably expected to have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified in writing to the Company by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac5), Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac6)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser Purchaser, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Purchaser, any Master Servicer or any Depositor under Section 13.03 that, except as disclosed in writing to the Purchaser Purchaser, such Master Servicer or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 2 contracts

Samples: Assumption and Recognition Agreement (CSMC Mortgage Backed Trust Series 2007-1), Assumption and Recognition Agreement (CSMC Trust 2007-4)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 7A.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (and unless otherwise previously disclosed in such information the Company has provided under Section 13.03): 7A.03: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s 's policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement scheduled closing date of the related Securitization Transaction; (v) there are no aspects of the Company’s 's financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplatedcontemplated by Government authorities) against the Company or any Subservicer, or to the knowledge of the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 2 contracts

Samples: Warranties and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A3), Warranties and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A4)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser Purchaser, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Purchaser, any Master Servicer or any Depositor under Section 13.03 11.03 that, except as disclosed in writing to the Purchaser Purchaser, such Master Servicer or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (TBW 2006-2), Mortgage Loan Purchase Agreement (TBW 2006-1)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser Purchaser, and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (and unless otherwise previously disclosed in such information the Company has provided under Section 13.03): : (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement scheduled closing date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, or to the knowledge of the Company after reasonable due diligence, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 2 contracts

Samples: Warranties and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar5), Warranties and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-10)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (and unless otherwise previously disclosed in such information the Company has provided under Section 13.03): : (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s 's policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement scheduled closing date of the related Securitization Transaction; (v) there are no aspects of the Company’s 's financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplatedcontemplated by government authorities) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 2 contracts

Samples: Custodial Agreement (GSAA Home Equity Trust 2006-3), Custodial Agreement (GSAA Home Equity Trust 2006-3)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent hereby represents to the Purchaser Purchaser, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 2.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization Securitization Transaction due to any act or failure to act of default by the CompanyCompany as a Servicer; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either securitization due to a servicing default or to application of a servicing performance test or triggerdefault; (iii) no material noncompliance with the applicable servicing criteria Servicing Criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s 's policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of changes to the Company’s 's financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or governmental proceedings known to be contemplated) against the Company, Company or any Subservicer or any Third-Party Originatorthat are material to investors in the related Securitization Transaction; and (vii) there are no affiliations, relationships or transactions relating to the Company, Company or any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB; and (viii) each Mortgage Loan was originated by a Qualified Correspondent.

Appears in 2 contracts

Samples: Banc of America Funding Corp, Assignment and Assumption Agreement (Luminent Mortgage Trust 2006-6)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser Purchaser, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Purchaser, any Master Servicer or any Depositor under Section 13.03 2.03 that, except as disclosed in writing to the Purchaser Purchaser, such Master Servicer or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event with respect to the Company has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria Servicing Criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could are reasonably expected to have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified in writing to the Company by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 1 contract

Samples: Citigroup Mortgage Loan Trust 2007-6

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent hereby represents to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 7A.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (and unless otherwise previously disclosed in such information the Company has provided under Section 13.03): 7A.03: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this the Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement scheduled closing date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this the Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplatedcontemplated by Government authorities) against the Company or to the knowledge of the Company, against any Subservicer or any Third-Party OriginatorOriginator (provided however, in the event a governmental or legal proceeding is pending against such Subservicer or Third-Party Originator and has been published on an electronic database, available either by subscription or on a nationally recognized electronic database acceptable by industry standards as a repository of notice or information pertaining to governmental or other legal proceedings, the Company shall be deemed to have knowledge of such proceeding); and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Deutsche Alt-a Securities, Inc. Mortgage Loan Trust, Series 2006-Ar1)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (and unless otherwise previously disclosed in such information the Company has provided under Section 13.03): : (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s 's policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement scheduled closing date of the related Securitization Transaction; (v) there are no aspects of the Company’s 's financial condition that could be reasonably expected to have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, or to the knowledge of the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified in writing to the Company by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Lares Asset Securitization, Inc.)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent hereby represents to the Purchaser Owner, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Owner, any Master Servicer or any Depositor under Section 13.03 Subsection 11.A.03 that, except as disclosed in writing to the Purchaser Owner, such Master Servicer or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria Servicing Criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Alternative Loan Trust 2007-Hf1)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent hereby represents to the Purchaser Purchaser, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Purchaser, any Master Servicer or any Depositor under Section 13.03 8.04 that, except as disclosed in writing to the Purchaser Purchaser, such Master Servicer or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified in writing by the related Depositor of a type described in Item 1119 of Regulation AB. If so requested by the Purchaser, any Master Servicer or any Depositor in writing on any date following the date on which information is first provided to the Purchaser, any Master Servicer or any Depositor under Section 9.04, the Company shall, within five Business Days following such request, confirm in writing the accuracy of the representations and warranties set forth in the first paragraph of this Section or, if any such representation and warranty is not accurate as of the date of such request, provide reasonably adequate disclosure of the pertinent facts, in writing, to the requesting party.

Appears in 1 contract

Samples: Master Bulk Sale and Servicing Agreement (Banc of America Funding Corp)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser Purchaser, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Purchaser, any Master Servicer or any Depositor under Section 13.03 11.03 that, except as disclosed in writing to the Purchaser Purchaser, such Master Servicer or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.. 42

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (TBW Mortgage-Backed Trust Series 2006-4)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 7A.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (and unless otherwise previously disclosed in such information the Company has provided under Section 13.03): 7A.03: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s 's policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement scheduled closing date of the related Securitization Transaction; (v) there are no aspects of the Company’s 's financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplatedcontemplated by Government authorities) against the Company or any Subservicer, or to the knowledge of the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator PartyOriginator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-A2)

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Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent hereby represents to the Purchaser Initial Owner, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Initial Owner or any Depositor under Section 13.03 2.03 that, except as disclosed in writing to the Purchaser Initial Owner or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, default or early amortization or other performance triggering event has occurred as to any other securitization Securitization Transaction due to any act or failure to act of by the CompanyCompany as a Servicer; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either securitization due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria Servicing Criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any related Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or governmental proceedings known to be contemplated) against the Company, Company or any Subservicer or any Third-Party Originatorthat are material to investors in the related Securitization Transaction; and (vii) there are no affiliations, relationships or transactions relating to the Company, Company or any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB; and (viii) each Mortgage Loan was originated by a Qualified Xxxxxxxxxxxxx.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Lehman XS Trust Series 2007-15n)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 1.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (and unless otherwise previously disclosed in such information the Company has provided under Section 13.03): 1.03: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s 's policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement scheduled closing date of the related Securitization Transaction; (v) there are no aspects of the Company’s 's financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (viv) there are no material legal or governmental proceedings pending (or known by Company to be contemplated) against the Company, or to the knowledge of the Company, any Subservicer or any Third-Party Originator; and (viivi) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 1 contract

Samples: Execution Copy (Luminent Mortgage Trust 2006-7)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent hereby represents to the Purchaser Purchaser, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 2.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization Securitization Transaction due to any act or failure to act of default by the CompanyCompany as a Servicer; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either securitization due to a servicing default or to application of a servicing performance test or triggerdefault; (iii) no material noncompliance with the applicable servicing criteria Servicing Criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s 's policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of changes to the Company’s 's financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or governmental proceedings known to be contemplated) against the Company, Company or any Subservicer or any Third-Party Originatorthat are material to investors in the related Securitization Transaction; and (vii) there are no affiliations, relationships or transactions relating to the Company, Company or any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB; and (viii) each Mortgage Loan was originated by a Qualified Correspondent. (b) If so requested by the Purchaser, any Master Servicer or any Depositor on any date following the date on which information is first provided to the Purchaser, any Master Servicer or any Depositor under Section 2.03, the Company shall, within five Business Days following such request, confirm in writing the accuracy of the representations and warranties set forth in paragraph (a) of this Section or, if any such representation and warranty is not accurate as of the date of such request, provide reasonably adequate disclosure of the pertinent facts, in writing, to the requesting party.

Appears in 1 contract

Samples: Reconstitution Agreement (HarborView 2007-7)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 2.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event with respect to the Company has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria Servicing Criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s 's policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s 's financial condition that could are reasonably expected to have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings of a type identified in Item 1117 of Regulation AB pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified in writing to the Company by the related Depositor of a type described in Item 1119 of Regulation AB. The Company hereby represents and warrants that it is unable without unreasonable effort or expense to provide (i) Static Pool Information with respect to mortgage loans that the Company has sold on a servicing-released basis, other than such information as relates to "original characteristics" as described in Item 1105(a)(3)(iii) of Regulation AB and (ii) Static Pool Information regarding cumulative losses with respect to any mortgage loans originated prior to January 1, 2006.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent hereby represents to the Purchaser Purchaser, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Purchaser, any Master Servicer or any Depositor under Section 13.03 5.A.03 that, except as disclosed in writing to the Purchaser Purchaser, such Master Servicer or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria Servicing Criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (MASTR Alternative Loan Trust 2006-1)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent hereby represents to the Purchaser Initial Owner, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Initial Owner or any Depositor under Section 13.03 2.03 that, except as disclosed in writing to the Purchaser Initial Owner or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, default or early amortization or other performance triggering event has occurred as to any other securitization Securitization Transaction due to any act or failure to act of by the CompanyCompany as a Servicer; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either securitization due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria Servicing Criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any related Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or governmental proceedings known to be contemplated) against the Company, Company or any Subservicer or any Third-Party Originatorthat are material to investors in the related Securitization Transaction; and (vii) there are no affiliations, relationships or transactions relating to the Company, Company or any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB; and (viii) each Mortgage Loan was originated by a Qualified Corxxxxxxxxxx.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Lehman XS Trust Series 2007-2n)

Additional Representations and Warranties of the Company. (ai) The Company shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Section 13.03 2(c) and as of the Closing Date of each related Securitization Transaction that, except as disclosed in writing to the Purchaser or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s 's policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s 's financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, affiliations or relationships or transactions relating required to be disclosed under Item 1119 between the Company, any Subservicer or any Third-Party Originator with respect to and any of the parties listed in Section 2(c)(i)(D)(4)-(9) which are identiifed in writing by the Purchaser or Depositor in advance of the Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation ABpursuant to Section 2(c)(i)(D).

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Lehman XS Trust Series 2006-10n)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser Owner, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Owner, any Master Servicer or any Depositor under Section 13.03 2.03 that, except as disclosed in writing to the Purchaser Owner, such Master Servicer or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event with respect to the Company has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria Servicing Criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could are reasonably expected to have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, any Subservicer Company or any Third-Party OriginatorSubservicer; and (vii) there are no affiliations, relationships or transactions relating to the Company, Company or any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified in writing to the Company by the related Depositor of a type described in Item 1119 of Regulation AB; and (viii) neither the Company nor any of its affiliates has any financial interest in the securities issued in the Securitization Transaction except as disclosed to the Owner and disclosed in the related prospectus or offering memorandum.

Appears in 1 contract

Samples: Mortgage Loan Servicing Agreement (Sequoia Residential Funding Inc)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent to the Purchaser Purchaser, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Purchaser, any Master Servicer or any Depositor under Section 13.03 that, except as disclosed in writing to the Purchaser Purchaser, such Master Servicer or such Depositor prior to such date (and unless otherwise previously disclosed in such information the Company has provided under Section 13.03): : (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either due to a servicing default or to application of a servicing performance test or trigger; (iii) no material noncompliance with the applicable servicing criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement scheduled closing date of the related Securitization Transaction; (v) there are no aspects of the Company’s financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Company, or, to the knowledge of the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

Appears in 1 contract

Samples: Warranties and Servicing Agreement (MASTR Asset Securitization Trust 2007-1)

Additional Representations and Warranties of the Company. (a) The Company shall be deemed to represent hereby represents to the Purchaser Owner, to any Master Servicer and to any Depositor, as of the date on which information is first provided to the Purchaser Owner, any Master Servicer or any Depositor under Section 13.03 8.03 that, except as disclosed in writing to the Purchaser Owner in accordance with Item 1117 or Item 1119 of Regulation AB, any Master Servicer, or such Depositor prior to such date (unless otherwise previously disclosed in information the Company has provided under Section 13.03): date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other securitization Securitization Transaction due to any act or failure to act of default by the CompanyCompany as a Servicer; (ii) the Company has not been terminated as servicer in a residential mortgage loan securitization, either securitization due to a servicing default or to the application of a servicing performance test Servicing Performance Test or triggerTrigger; (iii) no material noncompliance with the applicable servicing criteria Servicing Criteria with respect to other securitizations of residential mortgage loans involving the Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s 's policies or procedures with respect to the servicing function it will perform under this Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the settlement date of the related Securitization Transaction; (v) there are no aspects of changes to the Company’s 's financial condition that could have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or governmental proceedings known to be contemplated) against the Company, Company or any Subservicer or any Third-Party Originatorthat are material to investors in the related Securitization Transaction; and (vii) there are no affiliations, relationships or transactions relating to the Company, Company or any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB; and (viii) each Mortgage Loan was originated by a Qualified Correspondent.

Appears in 1 contract

Samples: Reference Agreement (HSI Asset Loan Obligation Trust 2007-Ar1)

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