Common use of Certificate of Seller Clause in Contracts

Certificate of Seller. Seller shall have provided Purchaser a certificate, substantially in the form attached hereto as Exhibit C, signed by an authorized officer of Seller dated as of such date, applicable to the transactions contemplated by this Agreement, to the effect that: (a) each of Seller’s representations and warranties made in this Agreement and each other Transaction Document to which Seller is a party is true and correct in all material respects as of such date; (b) all of the terms, covenants, conditions and obligations of this Agreement and each other Transaction Document to which Seller is a party that are required to be complied with and performed by Seller at or prior to the Agreement Date have been duly complied with and performed in all material respects; (c) the conditions set forth in Section 9.04; and (d) as of the Closing Date, Seller has a Consolidated Tangible Net Worth of at least the sum of (x) $150,000,000 and (y) 50% of the proceeds from any issuance of equity by Seller, Nationstar Mortgage Holdings Inc. or any Seller’s consolidated subsidiaries and is not in default in any indebtedness in excess of $10,000,000.

Appears in 7 contracts

Samples: www.sec.gov, Acquisition Agreement (Newcastle Investment Corp), Acquisition Agreement (Newcastle Investment Corp)

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Certificate of Seller. Seller shall have provided Purchaser a certificate, substantially in the form attached hereto as Exhibit C, signed by an authorized officer of Seller dated as of such date, applicable to the transactions contemplated by this Agreement, to the effect that: (a) each of Seller’s representations and warranties made in this Agreement and each other Transaction Document to which Seller is a party is true and correct in all material respects as of such date; (b) all of the terms, covenants, conditions and obligations of this Agreement and each other Transaction Document to which Seller is a party that are required to be complied with and performed by Seller at or prior to the Agreement Date have been duly complied with and performed in all material respects; (c) the conditions condition set forth in Section 9.04; and (d) as of the Closing Date, Seller has a Consolidated Tangible Net Worth of at least the sum of (x) $150,000,000 and (y) 50% of the proceeds from any issuance of equity by Seller, Nationstar Mortgage Holdings Inc. or any Seller’s consolidated subsidiaries and is not in default in any indebtedness in excess of $10,000,000.

Appears in 3 contracts

Samples: Acquisition Agreement (Newcastle Investment Corp), Spread Acquisition Agreement (Newcastle Investment Corp), Servicing Spread Acquisition Agreement (Nationstar Mortgage LLC)

Certificate of Seller. Seller shall have provided Purchaser a certificate, substantially in the form attached hereto as Exhibit CD, signed by an authorized officer of Seller dated as of such date, applicable to the transactions contemplated by this Agreement, to the effect that: (a) each of Seller’s 's representations and warranties made in this Agreement and each other Transaction Document to which Seller is a party is true and correct in all material respects as of such date; (b) all of the terms, covenants, conditions and obligations of this Agreement and each other Transaction Document to which Seller is a party that are required to be complied with and performed by Seller at or prior to the Agreement Date have been duly complied with and performed in all material respects; (c) the conditions condition set forth in Section 9.04; 9.04 has been satisfied and (d) as of the Closing Date, Seller has a Consolidated Tangible Net Worth of at least the sum of (x) $150,000,000 and (y) 50% of the proceeds from any issuance of equity by Seller, Nationstar Mortgage Holdings Inc. or any of Seller’s consolidated subsidiaries subsidiaries, and is not in default in any indebtedness in excess of $10,000,000.

Appears in 1 contract

Samples: Future Spread Agreement (Nationstar Mortgage Holdings Inc.)

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Certificate of Seller. Seller shall have provided Purchaser a certificate, substantially in the form attached hereto as Exhibit C, signed by an authorized officer of Seller dated as of such date, applicable to the transactions contemplated by this Agreement, to the effect that: (a) each of Seller’s 's representations and warranties made in this Agreement and each other Transaction Document to which Seller is a party is true and correct in all material respects as of such date; (b) all of the terms, covenants, conditions and obligations of this Agreement and each other Transaction Document to which Seller is a party that are required to be complied with and performed by Seller at or prior to the Agreement Date or Amendment Date, as applicable, have been duly complied with and performed in all material respects; (c) the conditions condition set forth in Section 9.04; and (d) as of the Closing Date or Amendment Date, as applicable, Seller has a Consolidated Tangible Net Worth of at least the sum of (x) $150,000,000 and (y) 50% of the proceeds from any issuance of equity by Seller, Nationstar Mortgage Holdings Inc. or any Seller’s 's consolidated subsidiaries and is not in default in any indebtedness in excess of $10,000,000.

Appears in 1 contract

Samples: Current Excess Servicing Spread Acquisition Agreement (Nationstar Mortgage Holdings Inc.)

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