Lydian definition
Examples of Lydian in a sentence
With respect to the Lydian Mortgage Loans the Seller hereby makes the representations and warranties contained in Section 9.02 of the Lydian Purchase Agreement (other than the representation contained in Section 9.02(b) of the Lydian Purchase Agreement) to and for the benefit of the Depositor, the Trustee and the Trust Fund.
Lydian, in its capacity as seller and/or servicer under the Flow SWSA, further represents and warrants that the representations and warranties contained in Section 3.1 of the Flow SWSA are true and correct on and as of January 30, 2006.
Lydian, in its capacity as seller and/or servicer under the Flow SWSA, further represents and warrants that the representations and warranties contained in Section 3.1 of the Flow SWSA are true and correct on and as of April 28, 2006.
At the Closing, the Company shall (i) deliver to Lydian (a) cash in the amount set forth in Section 1.2 hereof and (b) one or more stock certificates representing the Shares, registered in Lydian’s name, bearing the legend referred to in Section 1.5 infra, and (ii) cause to be delivered to Lydian a legal opinion in a form reasonably satisfactory to counsel for Lydian and typical for a transaction of this nature.
Lydian has taken all necessary action to authorize the execution, delivery and performance of this Agreement and the transactions contemplated hereby.
Lydian is acquiring the Shares hereunder for its own account and with no present intention of distributing or selling such Shares and further agrees not to transfer such Shares in violation of the Securities Act or any applicable state securities law, and no one other than Lydian will have any beneficial interest in the Shares.
All property held under lease by the Company and the Subsidiaries is held by them under valid, existing and enforceable leases, free and clear of all liens, encumbrances, claims, security interests and defects, except such as (i) secure the Lydian Indebtedness, or (ii) have arisen in the ordinary course of business of the Company and the Subsidiaries and do not materially interfere with the use made or proposed to be made of such property by the Company and the Subsidiaries.
Borrower confirms that it has no claims against Lydian arising out of the Original Loan Agreement, has no knowledge of any of its Subsidiaries having claims against Lydian arising out of the Original Loan Agreement, has no claims against Lydian or PBC Digital arising out of the Existing Loan Agreement and has no knowledge of any of its Subsidiaries having claims against Lydian or PBC Macquarie arising out of the Existing Loan Agreement.
Any one of American Home Mortgage Corporation, First National Bank of Nevada, GreenPoint Mortgage Funding, Inc., IndyMac Bank, F.S.B., Lydian Private Bank , PHH Mortgage Corporation, Wachovia Mortgage Corporation and Wilmington Finance, Inc., as applicable.
At the Closing, the Company will, subject to the terms and conditions of this Agreement, issue and transfer to Lydian, and Lydian will acquire from the Company, in satisfaction and cancellation of all remaining principal due under the Loan (after crediting the $1,000,000.00 principal repayment made by the Company under Section 1.2(b) hereof), upon the terms and conditions hereinafter set forth, 145,985 shares (the “Shares”) of Common Stock.