Common use of Pursuant to Section 9 Clause in Contracts

Pursuant to Section 9. 0l(a) of the Servicing Agreement, IndyMac hereby represents and warrants, for the benefit of Lares, the Trustee and the Trust Fund, that (i) the representations xxx warranties set forth in Section 3.01 of the Servicing Agreement are true and correct as of December 27, 2006 (the "Reconstitution Date"), as if such representations and warranties were made on such date and (ii) the representations and warranties set forth in Section 3.02 of the Servicing Agreement are true and correct as of the related Closing Date (as defined in the Servicing Agreement) as if such representations and warranties were made on such date. IndyMac hereby acknowledges and agrees that the remedies available to the Trust Fund (including the Trustee acting on the Trust Fund's behalf) in connection with any breach of the representations and warranties made by IndyMac set forth above that materially and adversely affects the value of that Mortgage Loan or the interests of the Purchaser in such Mortgage Loan shall be as set forth in Subsection 3.03 of the Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein). Such enforcement of a right or remedy by the Trustee shall have the same force and effect as if the right or remedy had been enforced or exercised by the Trust Fund as Purchaser under the Servicing Agreement. Each of the Serviced Loans has been conveyed to the Trustee pursuant to the Pooling Agreement and Maia is not the originator of any of the Serviced Loans.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Luminent Mortgage Trust 2006-7)

AutoNDA by SimpleDocs

Pursuant to Section 9. 0l(a) of the Servicing Agreement, IndyMac hereby represents and warrants, for the benefit of Lares, the Trustee and the Trust Fund, that (i) the representations xxx warranties set forth in Section 3.01 of the Servicing Agreement are true and correct as of December 27January 25, 2006 2007 (the "Reconstitution Date"), as if such representations and warranties were made on such date and (ii) the representations and warranties set forth in Section 3.02 of the Servicing Agreement are true and correct as of the related Closing Date (as defined in the Servicing Agreement) as if such representations and warranties were made on such date. IndyMac hereby acknowledges and agrees that the remedies available to the Trust Fund (including the Trustee acting on the Trust Fund's behalf) in connection with any breach of the representations and warranties made by IndyMac set forth above that materially and adversely affects the value of that Mortgage Loan or the interests of the Purchaser in such Mortgage Loan shall be as set forth in Subsection 3.03 of the Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein). Such enforcement of a right or remedy by the Trustee shall have the same force and effect as if the right or remedy had been enforced or exercised by the Trust Fund as Purchaser under the Servicing Agreement. Each of the Serviced Loans has been conveyed to the Trustee pursuant to the Pooling Agreement and Maia is not the originator of any of the Serviced Loans.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Luminent Mortgage Trust 2007-1)

Pursuant to Section 9. 0l(a) of the Servicing Agreement, IndyMac hereby represents and warrants, for the benefit of Lares, the Trustee and the Trust Fund, that (i) the representations xxx representationx xxd warranties set forth in Section 3.01 of the Servicing Agreement are true and correct as of December 27May 1, 2006 2007 (the "Reconstitution Date"), as if such representations and warranties were made on such date and (ii) the representations and warranties set forth in Section 3.02 of the Servicing Agreement are true and correct as of the related Closing Date (as defined in the Servicing Agreement) as if such representations and warranties were made on such date. IndyMac hereby acknowledges and agrees that the remedies available to the Trust Fund (including the Trustee acting on the Trust Fund's behalf) in connection with any breach of the representations and warranties made by IndyMac set forth above that materially and adversely affects the value of that Mortgage Loan or the interests of the Purchaser in such Mortgage Loan shall be as set forth in Subsection 3.03 of the Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein). Such enforcement of a right or remedy by the Trustee shall have the same force and effect as if the right or remedy had been enforced or exercised by the Trust Fund as Purchaser under the Servicing Agreement. Each of the Serviced Loans has been conveyed to the Trustee pursuant to the Pooling Agreement and Maia is not the originator of any of the Serviced Loans.

Appears in 1 contract

Samples: Servicing Agreement (Luminent Mortgage Trust 2007-2)

Pursuant to Section 9. 0l(a) of the Servicing Agreement, IndyMac the Servicer hereby represents and warrants, for the benefit of Lares, the Trustee and the Trust Fund, that (i) the representations xxx warranties xarranties set forth in Section 3.01 of the Servicing Agreement are true and correct as of December 27May 1, 2006 2007 (the "Reconstitution Date"), as if such representations and warranties were made on such date and (ii) the representations and warranties set forth in Section 3.02 of the Servicing Agreement are true and correct as of the related Closing Date (as defined in the Servicing Agreement) as if such representations and warranties were made on such date. IndyMac The Servicer hereby acknowledges and agrees that the remedies available to the Trust Fund (including the Trustee acting on the Trust Fund's behalf) in connection with any breach of the representations and warranties made by IndyMac the Servicer set forth above that materially and adversely affects the value of that Mortgage Loan or the interests of the Purchaser Owner in such Mortgage Loan shall be as set forth in Subsection 3.03 Section 3.02 of the Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein). Such enforcement of a right or remedy by the Trustee shall have the same force and effect as if the right or remedy had been enforced or exercised by the Trust Fund as Purchaser Owner under the Servicing Agreement. Each of the Serviced Loans has been conveyed to the Trustee pursuant to the Pooling Agreement and Maia is not the originator of any of the Serviced Loans.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Luminent Mortgage Trust 2007-2)

AutoNDA by SimpleDocs

Pursuant to Section 9. 0l(a) of the Servicing Agreement, IndyMac hereby represents and warrants, for the benefit of Lares, the Trustee and the Trust Fund, that (i) the representations xxx warranties xarranties set forth in Section 3.01 of the Servicing Agreement are true and correct as of December 27September 28, 2006 (the "Reconstitution DateRECONSTITUTION DATE"), as if such representations and warranties were made on such date and (ii) the representations and warranties set forth in Section 3.02 of the Servicing Agreement are true and correct as of the related Closing Date (as defined in the Servicing Agreement) as if such representations and warranties were made on such date. IndyMac hereby acknowledges and agrees that the remedies available to the Trust Fund (including the Trustee acting on the Trust Fund's behalf) in connection with any breach of the representations and warranties made by IndyMac set forth above that materially and adversely affects the value of that Mortgage Loan or the interests of the Purchaser in such Mortgage Loan shall be as set forth in Subsection 3.03 of the Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein). Such enforcement of a right or remedy by the Trustee shall have the same force and effect as if the right or remedy had been enforced or exercised by the Trust Fund as Purchaser under the Servicing Agreement. Each of the Serviced Loans has been conveyed to the Trustee pursuant to the Pooling Agreement and Maia is not the originator of any of the Serviced Loans.

Appears in 1 contract

Samples: Reconstituted Servicing Agreement (Luminent Mortgage Trust 2006-6)

Time is Money Join Law Insider Premium to draft better contracts faster.