Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the Seller's creditors;
Appears in 8 contracts
Sources: Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Alternative Note Asset Trust, Series 2007-Af1), Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2005-A8), Master Mortgage Loan Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-Af1)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors.;
Appears in 8 contracts
Sources: Mortgage Loan Purchase Agreement (Structured Adjustable Rate Mortgage Loan Rate), Mortgage Loan Purchase Agreement (Structured Asset Sec Corp Mort Pass THR Certs Ser 2003-34a), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Sturctured Asset Securities Corp Mort Pass Thru Ser 2004-1)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors.;
Appears in 5 contracts
Sources: Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates 2004-11xs), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5), Servicing Agreement (Lehman Mortgage Trust 2007-10)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors;
Appears in 4 contracts
Sources: Flow Purchase, Warranties and Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-22), Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Mortgage Pass-Through Certificates, Series 2004-17), Mortgage Loan Purchase Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller It is solvent and the sale of the Mortgage Loans will not cause it to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's its creditors;
Appears in 4 contracts
Sources: Mortgage Loan Flow Purchase, Sale & Servicing Agreement, Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Mortgage Loan Purchase, Sale & Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)
Ability to Perform. Solvency. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors;
Appears in 4 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (D&n Capital Corp), Mortgage Loan Purchase and Warranties Agreement (Franklin Finance Corp), Mortgage Loan Purchase and Warranties Agreement (Franklin Finance Corp)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the Seller's ’s creditors;
Appears in 3 contracts
Sources: Sale and Servicing Agreement (Bear Stearns ARM Trust 2007-2), Master Mortgage Loan Purchase Agreement (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar2), Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar1)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and will not be rendered insolvent by the consummation of the transactions contemplated hereby. The sale of the Mortgage Loans Assets is not undertaken to hinder, delay or defraud any of the Seller's ’s creditors;.
Appears in 3 contracts
Sources: Asset Purchase Agreement (Jacksonville Bancorp Inc /Fl/), Asset Purchase Agreement (United Community Financial Corp), Asset Purchase Agreement (First Financial Holdings Inc /De/)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it (or AHMS on its behalf) cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors;
Appears in 2 contracts
Sources: Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-15n), Mortgage Loan Purchase Agreement (Lehman XS Trust Series 2007-7n)
Ability to Perform. The Seller does not believe, nor does it have ------------------ any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans Assets will not cause Seller to become insolvent. The sale of the Mortgage Assets is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors;
Appears in 2 contracts
Sources: Asset Sale Agreement (Fremont Mortgage Securities Corp), Asset Sale Agreement (National Mortgage Securities Corp)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors;
Appears in 2 contracts
Sources: Mortgage Loan Purchase Agreement (Sasco 2006-Bc3), Servicing Agreement (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2005-10)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this AgreementAgreement in all material respects. The Seller is solvent and the sale of the Eligible Mortgage Loans is not undertaken to hinder, delay or defraud any of the Seller's ’s creditors;.
Appears in 2 contracts
Sources: Master Repurchase Agreement (PHH Corp), Master Repurchase Agreement (PHH Corp)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors;
Appears in 1 contract
Sources: Mortgage Loan Purchase and Interim Servicing Agreement (Five Oaks Investment Corp.)
Ability to Perform. The Seller does not believe, nor does it have any ------------------ reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans Assets will not cause Seller to become insolvent. The sale of the Mortgage Assets is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors;
Appears in 1 contract
Sources: Asset Sale Agreement (Southpoint Residential Mortgage Securities Corp)
Ability to Perform. The Solvency. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause Seller to become insolvent. The sale of the Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors;.
Appears in 1 contract
Sources: Bulk Continuing Loan Purchase Agreement (Austin Funding Com Corp)
Ability to Perform. The Such Seller does not believe, nor does it such Seller have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Such Seller is solvent and the sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the such Seller's creditors;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-He2)
Ability to Perform. The Such Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant the covenants contained in this AgreementAgreement in all material respects. The Such Seller is solvent not insolvent, nor will it be made insolvent by the sale of the Mortgage Loans to the Issuer, nor is such Seller aware of any pending insolvency, and the sale of the Mortgage Loans to the Issuer is not undertaken to hinder, delay or defraud any of the such Seller's ’s creditors;.
Appears in 1 contract
Sources: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)
Ability to Perform. Solvency. The Seller does not believe, nor does is it have aware any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors;.
Appears in 1 contract
Sources: Mortgage Loan Purchase and Warranties Agreement (Flagstar Capital Corp)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's its creditors;.
Appears in 1 contract
Sources: Interim Servicing Agreement (J.P. Morgan Alternative Loan Trust 2006-S1)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform comply in all material respects with each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors. The Seller is an institution whose accounts are insured by the FDIC;
Appears in 1 contract
Sources: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2001 19)
Ability to Perform. The Solvency. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans is will not undertaken cause Seller to hinder, delay or defraud any of the Seller's creditors;become insolvent.
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mortgage Pass THR Certs Ser 2003-Sea)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Seller's creditors. The Seller is an institution whose accounts are insured by the FDIC;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans Assets will not cause Seller to become insolvent. The sale of the Mortgage Assets is not undertaken with the intent to hinder, delay or defraud any of the Seller's ’s creditors;
Appears in 1 contract
Sources: Sale Agreement (Etrade Mortgage Backed Securities Corp)
Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement. The Seller is solvent and the sale of the Mortgage Loans will not cause the Seller to become insolvent. The sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the Seller's creditors;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mortgage Pass THR Certs Ser 2003-Sea)