Appointment and Representations and Warranties of Backup Servicer Sample Clauses

Appointment and Representations and Warranties of Backup Servicer. Within 60 days of the occurrence of a Backup Servicer Appointment Event, CRB shall appoint an entity to be the Backup Servicer hereunder, which appointment shall be subject to satisfaction of the Rating Agency Condition. Upon such appointment, such Backup Servicer will become party to this Agreement by executing a joinder hereto, and will assume the duties of, and otherwise act as, the Backup Servicer in accordance with the terms hereof. Effective as of the Backup Servicer Appointment Date, such Backup Servicer further makes the following representations and warranties upon which CRB is deemed to have relied in appointing the Backup Servicer:
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Appointment and Representations and Warranties of Backup Servicer. Within 60 days of the occurrence of a Backup Servicer Appointment Event, Mechanics Bank shall appoint an entity to be the Backup Servicer hereunder, which appointment shall be subject to satisfaction of the Rating Agency Condition. Upon such appointment, such Backup Servicer will become party to this Agreement by executing a joinder hereto, and will assume the duties of, and otherwise act as, the Backup Servicer in accordance with the terms hereof, such duties set forth on Exhibit E. Effective as of the Backup Servicer Appointment Date, such Backup Servicer further makes the following representations and warranties upon which Mechanics Bank is deemed to have relied in appointing the Backup Servicer:
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Related to Appointment and Representations and Warranties of Backup Servicer

  • Representations and Warranties of the Backup Servicer The Backup Servicer in its individual capacity and as Backup Servicer represents and warrants as follows:

  • Representations and Warranties of the Custodian The Custodian hereby represents and warrants to the Trust, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that:

  • Representations and Warranties of the Owner Trustee The Owner Trustee hereby represents and warrants to the Depositor, for the benefit of the Certificateholders, that:

  • Additional Representations and Warranties of the Servicer Except as disclosed in writing to the Seller, the Master Servicer, the Depositor and the Trustee prior to the Closing Date: (i) the Servicer 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 Servicer; (ii) the Servicer 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 Servicer as servicer has been disclosed or reported by the Servicer; (iv) no material changes to the Servicer’s policies or procedures with respect to the servicing function it will perform under this Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the Closing Date; (v) there are no aspects of the Servicer’s financial condition that could have a material adverse effect on the performance by the Servicer of its servicing obligations under this Agreement and (vi) there are no affiliations, relationships or transactions relating to the Servicer or any Subservicer with any party listed on Exhibit I hereto.

  • Additional Representations and Warranties of the Trustee (a) The Trustee shall be deemed to represent and warrant to the Company as of the Closing Date and on each date on which information is provided to the Company under Sections 12.01, 12.02(b) or 12.03 that, except as disclosed in writing to the Company prior to such date: (i) it 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 Transaction due to any default of the Trustee; (ii) there are no aspects of its financial condition that could have a material adverse effect on the performance by it of its trustee obligations under this Agreement or any other Securitization Transaction as to which it is the trustee; (iii) there are no material legal or governmental proceedings pending (or known to be contemplated) against it that would be material to Certificateholders; (iv) there are no relationships or transactions (as described in Item 1119(b) of Regulation AB) relating to the Trustee with respect to the Company or any sponsor, issuing entity, servicer, trustee, originator, significant obligor, enhancement or support provider or other material transaction party (as each of such terms are used in Regulation AB) relating to the Securitization Transaction contemplated by the Agreement, as identified by the Company to the Trustee in writing as of the Closing Date (each, a "Transaction Party") that are outside the ordinary course of business or on terms other than would be obtained in an arm's length transaction with an unrelated third party, apart from the Securitization Transaction, and that are material to the investors' understanding of the Certificates; and (v) the Trustee is not an affiliate (as contemplated by Item 1119(a) of Regulation AB) of any Transaction Party. The Company shall notify the Trustee of any change in the identity of a Transaction Party after the Closing Date.

  • Representations and Warranties of Trustee The Trustee hereby represents and warrants that:

  • Representations and Warranties of the Special Servicer (a) The Special Servicer hereby represents and warrants to each of the other parties hereto and for the benefit of the Certificateholders, as of the Closing Date, that:

  • Representations and Warranties of the Depositor The Depositor hereby represents and warrants to the Owner Trustee that:

  • Representations and Warranties of the Trustee The Trustee hereby represents and warrants, to the Master Servicer and the Depositor, as of the Closing Date, that:

  • Representations and Warranties of the Servicer The Servicer hereby represents and warrants to the Depositor and the Trustee as follows, as of the date hereof:

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