Additional Representations, Warranties and Covenants of the Company. (1) The Company represents, warrants and covenants to the Underwriters and the U.S. Affiliates, and acknowledges that each of the Underwriters and the U.S. Affiliates are relying upon such representations, warranties and covenants in purchasing the Securities, that:
Additional Representations, Warranties and Covenants of the Company. The Company represents and warrants to you that:
Additional Representations, Warranties and Covenants of the Company. The Company represents, warrants and covenants to the Agents and the U.S. Affiliates, and acknowledges that the Agents and the U.S. Affiliates are relying upon such representations, warranties and covenants in entering into the transaction contemplated hereby, that:
Additional Representations, Warranties and Covenants of the Company. The Company represents and warrants to, and covenants with, the Investors, and each of them, as follows:
Additional Representations, Warranties and Covenants of the Company. The Company hereby repeats each of the representations and warranties made by the Company and contained or incorporated by reference in the Convertible Note as fully as if each such representation and warranty were expressly set forth herein and expressly made herein by the Company on and as of the date hereof, each such representation and warranty being incorporated in this Agreement by reference mutatis mutandis.
Additional Representations, Warranties and Covenants of the Company. The Company represents and warrants to you, and agrees with you, on each of the Commencement Date, the Expiration Date, the Exchange Date and the date of any post-effective amendment to the Registration Statement (the “Amendment Date”) and during the period of the Exchange Offer (i.e., the period commencing on the Commencement Date through and including the Expiration Date) that:
Additional Representations, Warranties and Covenants of the Company. The Company hereby represents, warrants and covenants to Xxxxxxx as follows:
Additional Representations, Warranties and Covenants of the Company. (a) The Company 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 Section 2.03 that, except as disclosed in writing to the Purchaser or such Depositor prior to such date: (i) the Company is not aware and has not received notice that any default, early amortization or other performance triggering event with respect to the Company has occurred as to any other securitization due to any act or failure to act of the Company; (ii) the Company 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 Company as servicer has been disclosed or reported by the Company; (iv) no material changes to the Company’s policies or procedures with respect to the servicing function it will perform under this 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 Company’s financial condition that are reasonably expected to have a material adverse effect on the performance by the Company of its servicing obligations under this Agreement or any Reconstitution Agreement; (vi) there are no material legal or governmental proceedings of a type identified in Item 1117 of Regulation AB pending (or known to be contemplated) against the Company, any Subservicer or any Third-Party Originator; and (vii) there are no affiliations, relationships or transactions relating to the Company, any Subservicer or any Third-Party Originator with respect to any Securitization Transaction and any party thereto identified in writing to the Company by the related Depositor of a type described in Item 1119 of Regulation AB. The Company hereby represents and warrants that it is unable without unreasonable effort or expense to provide (i) Static Pool Information with respect to mortgage loans that the Company has sold on a servicing-released basis, other than such information as relates to “original characteristics” as described in Item 1105(a)(3)(iii) of Regulation AB and (ii) Static Pool Information regarding cumulative losses with respect to any...
Additional Representations, Warranties and Covenants of the Company. The Company hereby represents, warrants and covenants to BMO as follows:
Additional Representations, Warranties and Covenants of the Company. The Company hereby represents, warrants and covenants to Oppenheimer as follows:
