Common use of Remedies for Breach of Representations and Warranties Clause in Contracts

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 64 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2007-He1), Assignment and Recognition Agreement (Morgan Stanley IXIS Real Estate Capital Trust 2006-1), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2003-He2)

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Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 24 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-2ax), Indemnification and Contribution Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee [and the Trust (including the Trustee and the Servicer acting on the Trust's ’s behalf) )] in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 17 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar6), Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6), Master Mortgage Loan Purchase and Interim Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Nc1)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 16 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Servicing and Trust Agreement (GSAA Home Equity Trust 2007-8), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer Servicers acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 of the each Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 8 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Ixis Real Estate Capital Trust 2006-2), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-3), Assignment and Recognition Agreement (Morgan Stanley Abs Capital I Inc)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer Servicers acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 7 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He7), Assignment and Recognition Agreement (Morgan Stanley Abs Capital I Inc), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2007-2)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 7 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections Section 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 7 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-1), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-1)

Remedies for Breach of Representations and Warranties. 56. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Eq2), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Eq1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Fx1)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection Section 9.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 5 contracts

Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa1), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2), Pooling and Servicing Agreement (EquiFirst Loan Securitization Trust 2007-1)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 of the Purchase and Warranties Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 5 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee Assignee, the Master Servicer and the Trust (including the Trustee and the Servicer acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 5 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Assignment and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Assignment and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2007-13)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee Assignee, the Master Servicer and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 4 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar), Assignment and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar), Assignment and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 3.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 3 contracts

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

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer Servicers acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 of the applicable Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 3 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-3), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2)

Remedies for Breach of Representations and Warranties. 5. a. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Master Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 3 contracts

Samples: Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2006-5ar)

Remedies for Breach of Representations and Warranties. 54. The Each of the Company and the Servicer hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company it set forth in Sections Section 3 and 4 hereof shall be as set forth in Subsection 9.03 3.03 of the Purchase Sale Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 3 contracts

Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2006-Aa2), Pooling and Servicing Agreement (BCAP LLC Trust 2007-Aa5), Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa4)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer Company acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 3.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Wf1), Pooling and Servicing Agreement (Soundview Home Loan Trust 2006-Wf2)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee [and the Trust (including the Trustee and the Master Servicer acting on the Trust's ’s behalf) )] in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 3.03 of the Purchase Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 2 contracts

Samples: Indemnification Agreement (RBSGC Mortgage Loan Trust 2007-B), Warranties and Servicing Agreement (RBSGC 2007-A)

Remedies for Breach of Representations and Warranties. 54. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections Section 3 and 4 hereof shall be as set forth in Subsection 9.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 2 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4)

Remedies for Breach of Representations and Warranties. 5. The Each of the Company and the Servicer hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company it set forth in Sections Section 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).. Amendments to Sale and Servicing Agreement for the Securitization -----------------------------------------------------------------

Appears in 2 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-2)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 Section 3.03 of the Purchase Seller's Warranties and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 2 contracts

Samples: Trust Agreement (BCAPB LLC Trust 2007-Ab1), Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa2)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 3.03 of the Purchase and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 2 contracts

Samples: Warranties and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2006-Wf1), Warranties and Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)

Remedies for Breach of Representations and Warranties. 5. The 5._______The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 2 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-17xs)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee [and the Trust (including the Trustee and the Servicer acting on the Trust's ’s behalf) )] in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 Section 7.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 2 contracts

Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-10), Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6)

Remedies for Breach of Representations and Warranties. 5. The Each of the Company and the Servicer hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company it set forth in Sections Section 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).. Amendments to Sale and Servicing Agreement for the Securitization

Appears in 2 contracts

Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-1), Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2006-1)

Remedies for Breach of Representations and Warranties. 54. The Each of the Company and the Servicer hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company it set forth in Sections Section 3 and 4 hereof shall be as set forth in Subsection 9.03 3.03 of the Purchase Sale Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).. Amendments to Sale and Servicing Agreements for the Securitization

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2007-Aa5), Assignment and Recognition Agreement (BCAP LLC Trust 2006-Aa2)

Remedies for Breach of Representations and Warranties. 5. The Each of the Company and the Servicer hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company it set forth in Sections Section 3 and 4 hereof shall be as set forth in Subsection 9.03 Section 3.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 2 contracts

Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa4), Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa2)

Remedies for Breach of Representations and Warranties. 54. The Each of the Company and the Servicer hereby acknowledges and agrees that the remedies available to the AssignorAssignors, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company it set forth in Sections Section 3 and 4 hereof shall be as set forth in Subsection 9.03 3.03 of the Purchase Sale Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).. Amendments to Sale and Servicing Agreements for the Securitization

Appears in 2 contracts

Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa2), Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa1)

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Remedies for Breach of Representations and Warranties. 56. The Each of the Company and the Servicer hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company it set forth in Sections 3 Subsection 9.01 and 4 hereof 9.02 of the Sale Agreement shall be as set forth in Subsection 9.03 of the Purchase Sale Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).. Recordation of Assignments of Mortgages

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Master Servicer acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 3.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Assignment and Recognition Agreement (MASTR Asset Backed Securities Trust 2006-He2)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee Trustee, Securities Administrator, Master Servicer and the Servicer Servicers acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Morgan Stanley IXIS Real Estate Capital Trust 2006-1)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 3.3 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Custodial Agreement (GSR Mortgage Loan Trust 2007-5f)

Remedies for Breach of Representations and Warranties. 56. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and each of the Servicer Servicers acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2005-2)

Remedies for Breach of Representations and Warranties. 56. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Master Servicer acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 3.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2005-He2)

Remedies for Breach of Representations and Warranties. 57. The Company hereby acknowledges and agrees that the remedies available to the Assignor, Assignor and the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 3, 4 and 4 5 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).. Modification of the Purchase Agreement --------------------------------------

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Lares Asset Securitization, Inc.)

Remedies for Breach of Representations and Warranties. 54. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee [and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) )] in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Loan Purchase and Interim Servicing Agreement (Luminent Mortgage Trust 2007-2)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee Trustee, the Securities Administrator, the Master Servicer and the Servicer Servicers acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 of the each Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Morgan Stanley IXIS Real Estate Capital Trust 2006-1)

Remedies for Breach of Representations and Warranties. 56. The Company hereby acknowledges and agrees that the remedies available to the Assignor, Assignor and the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 4 and 4 5 hereof shall be as set forth in Subsection Section 9.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Luminent Mortgage Trust 2006-6)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, Assignor and the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and Section 4 hereof shall be as set forth in Subsection 9.03 Section 3.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein). Recognition of Assignee.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Luminent Mortgage Trust 2006-6)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, Assignor and the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and Section 4 hereof shall be as set forth in Subsection 9.03 of the Purchase Agreement MLPA, as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Bear Stearns ARM Trust 2007-2)

Remedies for Breach of Representations and Warranties. 56. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer Company acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 3.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Soundview Home Loan Trust 2007-Ns1)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee Trustee, the Securities Administrator and the Master Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-S6)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee Trustee, the Securities Administrator, the Master Servicer and the Servicer Servicers acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 of the Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Morgan Stanley IXIS Real Estate Capital Trust 2006-1)

Remedies for Breach of Representations and Warranties. 5. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer Servicers acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 of the each Purchase Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).. Obligations Joint and Several

Appears in 1 contract

Samples: Assignment and Recognition Agreement (Morgan Stanley Home Equity Loan Trust 2007-2)

Remedies for Breach of Representations and Warranties. 5. a. The Company hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Master Servicer acting on the Trust's ’s behalf) in connection with any breach of the representations and warranties made by the Company set forth in Sections 3 and 4 hereof shall be as set forth in Subsection 9.03 7.03 of the Purchase Sale and Servicing Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)

Remedies for Breach of Representations and Warranties. 5. The Each of the Company and the Servicer hereby acknowledges and agrees that the remedies available to the Assignor, the Assignee and the Trust (including the Trustee and the Servicer acting on the Trust's behalf) in connection with any breach of the representations and warranties made by the Company it set forth in Sections 3 and 4 Section 9 hereof shall be as set forth in Subsection 9.03 of the Purchase Sale Agreement as if they were set forth herein (including without limitation the repurchase and indemnity obligations set forth therein).

Appears in 1 contract

Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa1)

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