Common use of Ability to Perform Clause in Contracts

Ability to Perform. The Company 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 Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the Company's creditors;

Appears in 131 contracts

Sources: Servicing Agreement (Lehman Xs Trust Series 2005-3), Seller's Warranties and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2006-Wf1), Servicing Agreement (Structured Asset Sec Corp Mort Pass-THR Certs Ser 2004-Gel1)

Ability to Perform. The Company 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 Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the Company's creditors;

Appears in 56 contracts

Sources: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-15), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-15), Servicing Agreement (Structured Asset Securities Corp Mort Pass THR Cert Ser 2002)

Ability to Perform. The Company 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 Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the Company's ’s creditors;

Appears in 36 contracts

Sources: Flow Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-7), Servicing Agreement (Structured Asset Securities Corp 2004-S3), Pooling and Servicing Agreement (Bear Stearns ARM Trust 2007-4)

Ability to Perform. The Company 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 Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the Company's ’s creditors;

Appears in 31 contracts

Sources: Flow Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-4f), Master Seller’s Warranties and Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar2), Seller’s Warranties and Servicing Agreement (Sequoia Mortgage Trust 2007-2)

Ability to Perform. The Company does not believe, nor does it have any reason or cause to believe, that it cannot perform comply in all material respects each and every covenant contained in this Agreement. The Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Company's creditors;

Appears in 15 contracts

Sources: Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cer Se 2002-2), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002-3), Seller's Warranties and Servicing Agreement (Structured Asset Sec Corp Mort Passthr Certs Ser 2003 40a)

Ability to Perform. The Company 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 Company is solvent and will not be rendered insolvent by the sale consummation of the Mortgage Loans will not cause the Company to become insolventtransactions contemplated hereby. The sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the Company's creditors;

Appears in 14 contracts

Sources: Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-2 Trust), Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-3 Trust), Master Seller's Warranties and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series 2006-A3)

Ability to Perform. The Company does not believe, nor does it have any reason or cause to believe, that it cannot perform comply in all material respects each and every covenant contained in this Agreement. The Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Company's ’s creditors;

Appears in 14 contracts

Sources: Seller’s Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2006-4), Servicing Agreement (Lehman Mortgage Trust 2007-3), Seller’s Warranties and Servicing Agreement (Lehman XS Trust Series 2007-12n)

Ability to Perform. The Company 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 Company is solvent and will not be rendered insolvent by the sale consummation of the Mortgage Loans will not cause the Company to become insolventtransactions contemplated hereby. The sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the Company's ’s creditors;

Appears in 9 contracts

Sources: Master Seller’s Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Master Seller’s Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Master Seller’s Warranties and Servicing Agreement (Citigroup Mortgage Loan Trust 2006-Ar5)

Ability to Perform. The Company 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 Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Company's ’s creditors;

Appears in 5 contracts

Sources: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Sasco 2006-Bc3), Servicing Agreement (Sail 2006-3), Servicing Agreement (Lehman Mortgage Trust 2007-5)

Ability to Perform. The Company 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 Company TheCompany is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the Company's creditors;

Appears in 2 contracts

Sources: Seller's Warranties and Servicing Agreement (Sequoia Mortgage Trust 2007-3), Seller's Warranties and Servicing Agreement (Sequoia Mortgage Trust 2007-4)

Ability to Perform. The Company 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 Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Eligible Loans is not undertaken to hinder, delay or defraud any of the Company's creditors;.

Appears in 2 contracts

Sources: Mortgage Loan Repurchase and Servicing Agreement (PHH Corp), Mortgage Loan Purchase and Servicing Agreement (PHH Corp)

Ability to Perform. The Company 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 AgreementPurchase Agreement in all material respects. The Company is solvent not insolvent, nor will it be made insolvent by the sale of the Mortgage Loans to the Purchaser, nor is the Company aware of any pending insolvency, and the sale of the Mortgage Loans will not cause to the Company to become insolvent. The sale of the Mortgage Loans Purchaser is not undertaken to hinder, delay or defraud any of the Company's ’s creditors;.

Appears in 2 contracts

Sources: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp), Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)

Ability to Perform. The Company 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 Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Eligible Loans is not undertaken to hinder, delay or defraud any of the Company's ’s creditors;.

Appears in 2 contracts

Sources: Mortgage Loan Purchase and Servicing Agreement (PHH Corp), Mortgage Loan Repurchase and Servicing Agreement (PHH Corp)

Ability to Perform. The Company does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this AgreementMortgage Loan Purchase and Servicing Agreement in all material respects. The Company is solvent not insolvent, nor will it be made insolvent by the sale of the Mortgage Loans to the Issuer, nor is the Company aware of any pending insolvency, and the sale of the Mortgage Loans will not cause to the Company to become insolvent. The sale of the Mortgage Loans Issuer is not undertaken to hinder, delay or defraud any of the Company's ’s creditors;.

Appears in 1 contract

Sources: Mortgage Loan Purchase and Servicing Agreement (Accredited Home Lenders Holding Co)

Ability to Perform. The Company 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 Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Loans is not undertaken to hinder, delay or defraud any of the Company's creditors;

Appears in 1 contract

Sources: Seller's Warranties and Servicing Agreement (Structured Asset Securities Corporation)

Ability to Perform. The Company 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 and each other Transaction Document in all material respects. The Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Eligible Mortgage Loans is not undertaken to hinder, delay or defraud any of the Company's ’s creditors;.

Appears in 1 contract

Sources: Servicing Agreement (PHH Corp)

Ability to Perform. The Company 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 and each other Transaction Document in all material respects. The Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Eligible Mortgage Loans is not undertaken to hinder, delay or defraud any of the Company's creditors;.

Appears in 1 contract

Sources: Servicing Agreement (PHH Corp)

Ability to Perform. The Company 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 Company is solvent and the sale of the Mortgage Loans will not cause the Company to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of the Company's creditors;

Appears in 1 contract

Sources: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2005-23)