Common use of Inability to Perform Clause in Contracts

Inability to Perform. A Responsible Officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN Guaranty.

Appears in 6 contracts

Samples: Master Repurchase Agreement (PennyMac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Financial Services, Inc.)

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Inability to Perform. A Responsible Officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN Guaranty.

Appears in 6 contracts

Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (Pennymac Financial Services, Inc.)

Inability to Perform. A Responsible Officer An officer of any Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of any Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN Guaranty.

Appears in 5 contracts

Samples: Master Repurchase Agreement (loanDepot, Inc.), Electronic Tracking Agreement (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (AmeriHome, Inc.)

Inability to Perform. A Responsible Officer An officer of a Seller Party or VFN Guarantor shall admit in writing its inability to, or its intention not to, perform any of Sellersuch Seller Party’s Obligations hereunder or VFN Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 5 contracts

Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.), Repurchase Agreement (Home Point Capital Inc.)

Inability to Perform. A Responsible Officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN Repo Guaranty.

Appears in 5 contracts

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Financial Services, Inc.)

Inability to Perform. A Responsible Officer An officer of any Seller Party or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Sellersuch Seller Party’s Obligations hereunder or VFN Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 5 contracts

Samples: Master Repurchase Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp), Master Repurchase Agreement (DITECH HOLDING Corp)

Inability to Perform. A Responsible Officer An officer of Seller or VFN any Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations hereunder or VFN any Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 3 contracts

Samples: Master Repurchase Agreement (Impac Mortgage Holdings Inc), Master Repurchase Agreement (Impac Mortgage Holdings Inc), Master Repurchase Agreement (Tree.com, Inc.)

Inability to Perform. A Responsible Officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s the Obligations hereunder or VFN Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 3 contracts

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Inability to Perform. A Responsible Officer of Seller or VFN Guarantor shall admit admits in writing its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s its obligations hereunder or under the VFN Guaranty.Facility Documents; or

Appears in 3 contracts

Samples: Master Repurchase Agreement and Securities Contract (Radian Group Inc), Master Repurchase Agreement and Securities Contract (Radian Group Inc), Master Repurchase Agreement and Securities Contract (Radian Group Inc)

Inability to Perform. A Responsible Officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations Obligations hereunder or the VFN Guaranty.

Appears in 3 contracts

Samples: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.)

Inability to Perform. A Responsible Officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN PMT Guaranty.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Inability to Perform. A Responsible Officer An officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations hereunder or VFN Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)

Inability to Perform. A Responsible Officer of Seller or VFN any Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s the Obligations hereunder or VFN any Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 2 contracts

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Inability to Perform. A Responsible Officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN PC Guaranty.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Financial Services, Inc.)

Inability to Perform. A Responsible Officer An officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Ny Credit Corp.), Master Repurchase Agreement (Benefit Street Partners Realty Trust, Inc.)

Inability to Perform. A Responsible Officer An officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s 's Obligations or VFN Guarantor’s 's obligations hereunder or the VFN Guarantyhereunder.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Staten Island Bancorp Inc), Master Repurchase Agreement (Staten Island Bancorp Inc)

Inability to Perform. A Responsible Officer An officer of Seller or VFN Guarantor shall admit in writing or in any legal proceeding its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations Obligations hereunder or under the VFN Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (RAIT Financial Trust)

Inability to Perform. A Responsible Officer An officer of Seller or VFN Guarantor shall admit admit, in writing, its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (InPoint Commercial Real Estate Income, Inc.)

Inability to Perform. A Responsible Officer of Seller any Seller, any Trust Subsidiary, REO Subsidiary or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s the Obligations hereunder or VFN Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Inability to Perform. A Responsible Officer An officer of Seller or VFN Guarantor shall admit in writing its inability to, or its intention not to, perform any of Seller’s Obligations hereunder or VFN Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (Five Oaks Investment Corp.)

Inability to Perform. A Responsible Officer of Seller or VFN Guarantor Guarantor, as applicable, shall admit (i) its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s, as applicable, obligations under this Agreement or any Program Document or (ii) its breach of Seller’s or Guarantor’s, as applicable, obligations hereunder under this Agreement or the VFN Guaranty.any Program Document; or

Appears in 1 contract

Samples: Master Repurchase Agreement (Granite Point Mortgage Trust Inc.)

Inability to Perform. A Responsible Officer An officer of any Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of the Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (New Century Financial Corp)

Inability to Perform. A Responsible Officer An officer of any Seller or VFN the Guarantor shall admit its inability to, or its intention not to, perform any of the Seller’s Obligations or VFN the Guarantor’s obligations hereunder or the VFN Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (New Century Financial Corp)

Inability to Perform. A Responsible Officer An officer of Seller Seller, Guarantor or VFN Guarantor Trust Subsidiary shall admit its inability to, or its intention not to, perform any of Seller’s the Obligations hereunder or VFN Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (Altisource Residential Corp)

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Inability to Perform. A Responsible Officer of any Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of the Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN Repo Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Inability to Perform. A Responsible Officer An officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN Guaranty.Obligations; or

Appears in 1 contract

Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.)

Inability to Perform. A Responsible Officer of Seller any Seller, REO Subsidiary or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s the Obligations hereunder or VFN Guarantor’s obligations hereunder or under the VFN Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Inability to Perform. A Responsible Officer An officer of Seller Seller, Guarantor or VFN Guarantor Trust Subsidiary shall admit its inability to, or its intention not to, perform any of Seller’s the Obligations hereunder or VFN Guarantor’s 's obligations hereunder or under the VFN Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (Altisource Residential Corp)

Inability to Perform. A Responsible Officer of any Seller or VFN the Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s the Sellers’ Obligations or VFN the Guarantor’s obligations hereunder or the VFN PC Repo Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Inability to Perform. A Responsible Officer of Seller or VFN Guarantor Guarantor, as applicable, shall admit in writing (i) its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s, as applicable, obligations under this Agreement or any Program Document or (ii) its breach of Seller’s or Guarantor’s, as applicable, obligations hereunder under this Agreement or the VFN Guaranty.any Program Document; or

Appears in 1 contract

Samples: Master Repurchase Agreement (RAIT Financial Trust)

Inability to Perform. A Responsible Officer An officer of the Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of the Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement and Securities Contract (Caliber Home Loans, Inc.)

Inability to Perform. A Responsible Officer of the Seller or VFN the Guarantor shall admit its inability to, or its intention not to, perform any of the Seller’s Obligations or VFN the Guarantor’s obligations hereunder or the VFN PC Repo Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Financial Services, Inc.)

Inability to Perform. A Responsible Officer An officer of any Seller or VFN Guarantor the Guarantor, shall admit its inability to, or its intention not to, perform any of any Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN Guaranty.obligations; or

Appears in 1 contract

Samples: Master Repurchase Agreement (Sutherland Asset Management Corp)

Inability to Perform. A Responsible Officer of the Seller or VFN the Guarantor shall admit its inability to, or its intention not to, perform any of the Seller’s Obligations or VFN the Guarantor’s obligations hereunder or the VFN PMC Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Inability to Perform. A Responsible Officer An officer of a Seller or VFN the Parent Guarantor shall admit its inability to, or its intention not to, perform any of such Seller’s 's Obligations or VFN the Parent Guarantor’s 's obligations hereunder or under the VFN Parent Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (New York Mortgage Trust Inc)

Inability to Perform. A Responsible Officer An officer of any Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of such Seller’s 's Obligations or VFN Guarantor’s 's obligations hereunder or under the VFN Guaranty.

Appears in 1 contract

Samples: American Home Mortgage Investment Corp

Inability to Perform. A Responsible Officer An officer of Seller or VFN Guarantor any of the Guarantors shall admit its inability to, or its intention not to, perform any of Seller’s 's Obligations or VFN any Guarantor’s 's obligations hereunder or under the VFN Guaranty.

Appears in 1 contract

Samples: New York Mortgage Trust Inc

Inability to Perform. A Responsible Officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN Guaranty.. ​

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Financial Services, Inc.)

Inability to Perform. A Responsible Officer of Seller or VFN Guarantor shall admit its inability to, or its intention not to, perform any of Seller’s Obligations or VFN Guarantor’s obligations hereunder or the VFN PMH Repo Guaranty.

Appears in 1 contract

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

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