REPRESENTATIONS AND WARRANTIES CONTAINED IN THE SUMMITRAK PURCHASE AGREEMENT Sample Clauses

REPRESENTATIONS AND WARRANTIES CONTAINED IN THE SUMMITRAK PURCHASE AGREEMENT. To the best of the Borrowers' knowledge, after Due Inquiry, all of the representations and warranties made by TCI SUMMITRAK Texas, TCI SUMMITrak and TCI Technology Ventures in Section 5 of the SUMMITrak Purchase Agreement are true, accurate and complete as if made as of the Closing Date immediately prior to giving effect to the consummation of the SUMMITrak Acquisition, which representations and warranties, and all accompanying schedules, are incorporated herein and made a part of this Agreement as if made by the Borrowers to the best of their knowledge, after Due Inquiry, on the Closing Date; provided, however, that such incorporated representations and warranties shall speak only as of the Closing and, notwithstanding anything to the contrary, shall not be included in any subsequent bring-down of the representations and warranties contained in this ARTICLE V.
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Related to REPRESENTATIONS AND WARRANTIES CONTAINED IN THE SUMMITRAK PURCHASE AGREEMENT

  • Representations and Warranties of the Seller The Seller hereby represents and warrants to the Purchaser as follows:

  • Representations and Warranties by Seller Seller represents and warrants to Buyer as follows:

  • Representations and Warranties of the Shareholder The Shareholder hereby represents and warrants to Parent as follows:

  • Representations and Warranties Concerning the Seller The Seller hereby represents and warrants to the Trustee, the Master Servicer and the Securities Administrator as follows:

  • Representations and Warranties Correct The representations and warranties made by the Company in Section 3 hereof shall be true and correct in all material respects when made, and shall be true and correct in all material respects on the Closing Date, or the Subsequent Closing Date, as the case may be, with the same force and effect as if they had been made on and as of said date.

  • Additional Representations and Warranties of the Seller (a) The Seller shall be deemed to represent to the Purchaser and to any Depositor, as of the date on which information is first provided to the Purchaser or any Depositor under Subsection 34.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date: (i) the Seller 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 Seller; (ii) the Interim 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 Interim Servicer as servicer has been disclosed or reported by the Seller; (iv) no material changes to the Interim Servicer's policies or procedures with respect to the servicing function it will perform under the Interim Servicing Agreement and any Reconstitution Agreement for mortgage loans of a type similar to the Mortgage Loans have occurred during the three-year period immediately preceding the related Securitization Transaction; (v) there are no aspects of the Interim Servicer's financial condition that could have a material adverse effect on the performance by the Interim Servicer of its servicing obligations under the Interim Servicing Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings pending (or known to be contemplated) against the Seller, Interim Servicer, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Seller, Interim Servicer, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified by the related Depositor of a type described in Item 1119 of Regulation AB.

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

  • Representations and Warranties of the Stockholder The Stockholder hereby represents and warrants to Parent as follows:

  • Representations and Warranties Regarding the Seller The Seller represents, warrants and covenants to the Purchaser that as of the date hereof and as of each Closing Date:

  • Representations and Warranties of the Transfer Agent The Transfer Agent represents and warrants to the Fund that:

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