REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MORTGAGE LOANS. For purposes of these representations and warranties, the phrases "to the knowledge of the Seller" or "to the Seller's knowledge" shall mean, except where otherwise expressly set forth below, the actual state of knowledge of the Seller or any servicer acting on its behalf regarding the matters referred to, in each case: (i) after the Seller's having conducted such inquiry and due diligence into such matters as would be customarily performed by prudent institutional commercial or multifamily, as applicable, mortgage lenders, and in all events as required by the Seller's underwriting standards, at the time of the Seller's origination or acquisition of the particular Mortgage Loan; and (ii) subsequent to such origination, utilizing the servicing and monitoring practices customarily utilized by prudent commercial mortgage loan servicers with respect to securitizable commercial or multifamily, as applicable, mortgage loans. Also for purposes of these representations and warranties, the phrases "to the actual knowledge of the Seller" or "to the Seller's actual knowledge" shall mean, except where otherwise expressly set forth below, the actual state of knowledge of the Seller or any servicer acting on its behalf without any express or implied obligation to make inquiry. All information contained in documents which are part of or required to be part of a Mortgage File shall be deemed to be within the knowledge and the actual knowledge of the Seller. Wherever there is a reference to receipt by, or possession of, the Seller of any information or documents, or to any action taken by the Seller or not taken by the Seller or its agents or employees, such reference shall include the receipt or possession of such information or documents by, or the taking of such action or the not taking such action by, either of the Seller or any servicer acting on its behalf. The Seller hereby represents and warrants with respect to the Mortgage Loans that, as of the date hereinbelow specified or, if no such date is specified, as of the Closing Date, and subject to Section 18 of this Agreement:
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MORTGAGE LOANS. (a) The Seller hereby makes the representations and warranties relating to the Mortgage Loans set forth in Schedule B hereto as of the Closing Date and, with respect to any Qualified Substitute Mortgage Loan originated by the Seller, as of the date of substitution of such Qualified Substitute Mortgage Loan.
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MORTGAGE LOANS. The Seller hereby represents and warrants that, as of the date herein below specified or, if no such date is specified, as of the Closing Date:
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MORTGAGE LOANS. The Seller hereby represents and warrants to the Custodian and the Trustee for the benefit of the Certificateholders that as of the Closing Date or as of such other date specifically provided herein:
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MORTGAGE LOANS. Pursuant to the Mortgage Loan Purchase and Sale Agreement, the Seller has made the representations and warranties with respect to the Mortgage Loans set forth in Exhibit X hereto.
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MORTGAGE LOANS. The Seller hereby represents and warrants to the Trustee for the benefit of the Certificateholders and the Certificate Insurer that, as of the Closing Date or as of such other date specifically provided herein, the representations and warranties made by the Seller pursuant to Section 3.01 of the Mortgage Loan Purchase Agreement are true and correct as of the Closing Date. It is understood and agreed that the representations and warranties set forth in this Section 2.07 shall survive delivery of the respective Mortgage Files to the Trust Administrator and shall inure to the benefit of the Depositor, the Servicer, each Subservicer, the Certificateholders, the Trust Administrator, the Trustee and the Certificate Insurer, notwithstanding any restrictive or qualified endorsement or assignment. Upon discovery by any of the Seller, the Depositor, the Servicer, the Trust Administrator or the Trustee of a breach of any of the foregoing representations and warranties that materially and adversely affects the value of any Mortgage Loan or the interests of the Certificateholders and the Certificate Insurer therein (without giving effect to any qualification contained in such representation or warranty relating to the Seller's knowledge), the party discovering such breach shall give prompt written notice to the other parties, and in no event later than two Business Days after the date of such discovery. It is understood and agreed that the obligations of the Seller set forth in Section 2.06(b) hereof to cure any breach or to substitute for or repurchase a defective Mortgage Loan constitute the sole remedies available to the Certificateholders, the Servicer, the Trust Administrator, the Trustee and the Certificate Insurer respecting a breach of the representations and warranties contained in this Section 2.07.
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MORTGAGE LOANS. For purposes of this Schedule II, the phrase "the Seller's knowledge" and other words and phrases of like import shall mean, except where otherwise expressly set forth below, the actual state of knowledge of the Seller regarding the matters referred to, in each case without having conducted any independent inquiry into such matters and without any obligation to have done so (except as expressly set forth herein). Unless otherwise specified in the exceptions to the representations and warranties attached hereto, the Seller hereby represents and warrants that, as of the date specified below or, if no such date is specified, as of the Closing Date:
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MORTGAGE LOANS. FOR PURPOSES OF THIS SCHEDULE II, THE PHRASE "THE SELLER'S KNOWLEDGE" AND OTHER WORDS AND PHRASES OF LIKE IMPORT SHALL MEAN, EXCEPT WHERE OTHERWISE EXPRESSLY SET FORTH BELOW, THE ACTUAL STATE OF KNOWLEDGE OF THE SELLER REGARDING THE MATTERS REFERRED TO, IN EACH CASE WITHOUT HAVING CONDUCTED ANY INDEPENDENT INQUIRY INTO SUCH MATTERS AND WITHOUT ANY OBLIGATION TO HAVE DONE SO (EXCEPT AS EXPRESSLY SET FORTH HEREIN). Unless otherwise specified in the exceptions to the representations and warranties attached hereto, the Seller hereby represents and warrants that, as of the date specified below or, if no such date is specified, as of the Closing Date and subject to Section 19 of this Agreement:
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MORTGAGE LOANS. Cityscape hereby represents and warrants, with respect to each Mortgage Loan, to the Depositor, the Trustee and the Certificateholders that as of the Closing Date and, with respect to each Subsequent Mortgage Loan, as of the related Subsequent Transfer Date or as of such other date specifically provided herein (except that with respect to any Qualified Substitute Mortgage Loan such representations and warranties shall be as of the date of substitution and made by Cityscape or the Servicer, whichever is making the substitution):
REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE MORTGAGE LOANS. (a) Chase hereby makes the representations and warranties set forth in Schedule II hereto to the Depositor and the Trustee as of the dates set forth in such Schedule, Countrywide hereby makes the representations and warranties set forth in Schedule III hereto to the Depositor and the Trustee as of the dates set forth in such Schedule, and HomEq hereby makes the representations and warranties set forth in Schedule IV hereto to the Depositor and the Trustee as of the dates set forth in such Schedule.
