Common use of Effective Agreement Clause in Contracts

Effective Agreement. The execution, delivery and performance of this Agreement by Servicer and consummation of the transactions contemplated hereunder have been or will be duly and validly authorized by all necessary organizational or other action; this Agreement is valid and a legally binding agreement of Servicer enforceable against Servicer in accordance with its terms, subject to the effect of insolvency, liquidation, conservatorship and similar laws administered by the Federal Deposit Insurance Corporation affecting the contract obligations of insured banks and the discretion of a court to grant specific performance.

Appears in 13 contracts

Samples: Servicing Agreement (Banc of America Funding Corp), Servicing Agreement (HASCO Trust 2007-He2), Reconstituted Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He1)

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Effective Agreement. The execution, delivery delivery, and performance of this Agreement by Oversight Servicer and consummation of the transactions contemplated hereunder hereby have been or will be duly and validly authorized by all necessary organizational or other action; and this Agreement is a valid and a legally binding agreement of Oversight Servicer enforceable against Oversight Servicer in accordance with its terms, subject to the effect of bankruptcy, insolvency, liquidation, conservatorship and similar laws administered by affecting generally the Federal Deposit Insurance Corporation affecting the contract obligations enforcement of insured banks creditors’ rights and the discretion of a court to grant specific performance.

Appears in 4 contracts

Samples: Mortgage Servicing Oversight Agreement (Pennymac Financial Services, Inc.), Mortgage Servicing Oversight Agreement (PennyMac Mortgage Investment Trust), Commercial Mortgage Servicing Oversight Agreement (Pennymac Financial Services, Inc.)

Effective Agreement. The execution, delivery and performance of this Agreement by Servicer and consummation of the transactions contemplated hereunder have been or will be duly and validly authorized by all necessary organizational or other action; this Agreement is valid and a legally binding agreement of Servicer enforceable against Servicer in accordance with its terms, subject to the effect of insolvency, liquidation, conservatorship and similar laws administered by the Federal Deposit Insurance Corporation FDIC affecting the contract obligations of insured banks and the discretion of a court to grant specific performance.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gs-FFMLT 2006-Ff13), Trust Agreement (GSAA Home Equity Trust 2006-13)

Effective Agreement. The execution, delivery delivery, and performance of this Agreement by Servicer and consummation of the transactions contemplated hereunder hereby have been or will be duly and validly authorized by all necessary organizational corporate, shareholder, or other actionaction by Servicer; this Agreement has been duly and validly executed and delivered by Servicer; and this Agreement is a valid and a legally binding agreement of Servicer Servicer, enforceable against Servicer in accordance with its respective terms, subject to the effect of insolvencybankruptcy, liquidation, conservatorship insolvency and similar laws administered by affecting generally the Federal Deposit Insurance Corporation affecting the contract obligations enforcement of insured banks creditors’ rights and the discretion of a court to grant specific performanceperformance of contracts.

Appears in 2 contracts

Samples: Subservicing Agreement (PHH Corp), Mortgage Loan Subservicing Agreement (PHH Corp)

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Effective Agreement. The execution, delivery and performance by the Owner of this Agreement by Servicer and consummation of the transactions contemplated hereunder have been or will be be, assuming the due authorization, execution and delivery thereof by the Servicer, duly and validly authorized by all necessary organizational or other action; this Agreement is valid and a legally binding agreement of Servicer Owner enforceable against Servicer Owner in accordance with its terms, subject to the effect of insolvency, liquidation, conservatorship and similar laws administered by the Federal Deposit Insurance Corporation affecting the contract obligations of insured banks and the discretion of a court to grant specific performance.

Appears in 1 contract

Samples: Servicing Agreement (Franklin Credit Holding Corp/De/)

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