Common use of Conditions to the Obligations of the Underwriter Clause in Contracts

Conditions to the Obligations of the Underwriter. The obligation of the Underwriter to purchase the Offered Certificates shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof, as of the date of the effectiveness of any amendment to the Registration Statement filed prior to the Closing Date (including the filing of any document incorporated by reference therein) and as of the Closing Date, to the accuracy of the statements of the Company made in any certificates delivered pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 29 contracts

Samples: Underwriting Agreement (Banc of America Funding Corp), Underwriting Agreement (Banc of America Alternative Loan Trust 2006-4), Underwriting Agreement (Banc of America Mortgage 2007-2 Trust)

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Conditions to the Obligations of the Underwriter. The obligation obligations of the Underwriter to purchase the Offered Certificates shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof, as of the date of the effectiveness of any amendment to the Registration Statement filed prior to the Closing Date (including the filing of any document incorporated by reference therein) and as of the Closing Date, to the accuracy of the statements of the Company made in any certificates delivered pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 8 contracts

Samples: Underwriting Agreement (Banc of America Funding 2009-R1 Trust), Asset Backed Funding (ABFC 2006-Opt2 Trust), Underwriting Agreement (Banc of America Funding 2008-R3 Trust)

Conditions to the Obligations of the Underwriter. The obligation ------------------------------------------------ of the Underwriter to purchase the Offered Certificates Securities shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof, as of the date of the effectiveness of any amendment to the Registration Statement filed prior to the Closing Date (including the filing of any document incorporated by reference therein) and as of the Closing Date, to the accuracy of the statements of the Company made in any certificates delivered pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Nations Mortgage Securities Corp), Underwriting Agreement (Ba Mortgage Securities Inc/)

Conditions to the Obligations of the Underwriter. The obligation obligations of the Underwriter to purchase the Offered Certificates Underwritten Securities and the Option Securities, as the case may be, shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company contained herein as of the date hereofExecution Time, as of the date of the effectiveness of any amendment to the Registration Statement filed prior to the Closing Date (including the filing of and any document incorporated by reference therein) and as of the Closing Datesettlement date pursuant to Section 3 hereof, to the accuracy of the statements of the Company made in any certificates delivered pursuant to the provisions hereof, to the performance in all material respects by the Company of its obligations hereunder and to the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Gaming & Hospitality Acquisition Corp.), Underwriting Agreement (Gaming & Hospitality Acquisition Corp.)

Conditions to the Obligations of the Underwriter. The obligation of the Underwriter hereunder to purchase the Offered Certificates shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein as of the date hereof, as of the date of the effectiveness of any amendment to the Registration Statement filed prior to the Closing Date (including Date, as of the filing of date the Prospectus Supplement or any document incorporated by reference therein) supplement thereto is filed with the Commission and as of the Closing Date, to the accuracy of the statements of the Company made in any certificates delivered pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder and to satisfaction, as of the Closing Date, of the following additional conditions:

Appears in 2 contracts

Samples: Underwriting Agreement (Structured Asset Securities Corp), Underwriting Agreement (Commercial Mort Pass Thru Cert Series 1998-C4)

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Conditions to the Obligations of the Underwriter. The obligation obligations of ------------------------------------------------ the Underwriter to purchase the Offered Certificates of any Series shall be subject to the accuracy in all material respects of the representations and warranties on the part of the Company contained herein in this Agreement, as of supplemented by the date hereofrelated Terms Agreement, as of the date of respective dates thereof and the effectiveness of any amendment to the Registration Statement filed prior to the Closing Date (including the filing of any document incorporated by reference therein) and as of the related Closing Date, to the accuracy of the statements of the Company made in any applicable officers' certificates delivered pursuant to the provisions hereof, to the performance by the Company of its obligations hereunder under this Agreement and such Terms Agreement and to the following additional conditionsconditions applicable to the related Certificate Offering:

Appears in 2 contracts

Samples: Terms Agreement (First Horizon Asset Securities Inc), Terms Agreement (First Horizon Asset Securities Inc)

Conditions to the Obligations of the Underwriter. The obligation obligations of the Underwriter to purchase the Offered Certificates Notes shall be subject to the accuracy of the representations and warranties on the part of the Company contained herein herein, as of the date hereof, as of the date of the effectiveness of any amendment to the Registration Statement filed after the date hereof and prior to the Closing Date (including the filing of any document incorporated by reference therein) and as of the Closing Date, to the accuracy of the statements of the Company Company’s officers made in any certificates delivered certificate furnished pursuant to the provisions hereofof this Agreement, to the performance and observance by the Company of all of its obligations hereunder covenants and agreements herein contained and to the following additional conditions:

Appears in 1 contract

Samples: Underwriting Agreement (Wells Fargo & Company/Mn)

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