Common use of Ability to Perform Clause in Contracts

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;

Appears in 106 contracts

Sources: Flow Commercial Mortgage Loan Purchase Agreement (Pennymac Financial Services, Inc.), Flow Commercial Mortgage Loan Purchase Agreement (PennyMac Mortgage Investment Trust), Commercial Mortgage Loan Purchase Agreement (Pennymac Financial Services, Inc.)

Ability to Perform. The Seller Purchaser 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;

Appears in 67 contracts

Sources: Mortgage Loan Flow Purchase, Sale & Servicing Agreement, Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2013-1), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2012-3)

Ability to Perform. The Seller Purchaser does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained made by it in this Agreement;.

Appears in 11 contracts

Sources: Servicing Agreement (First Nationwide Preferred Capital Corp), Servicing Agreement (Chevy Chase Preferred Capital Corp), Servicing Agreement (Franklin Finance Corp)

Ability to Perform. The Seller Purchaser 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;.

Appears in 9 contracts

Sources: Pooling and Servicing Agreement (Sabr Trust 2005-Fr2), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Securities Corp), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset 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;.

Appears in 7 contracts

Sources: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Securities Corp), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Securities Corp), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-21a)

Ability to Perform. The Seller Purchaser 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;; and

Appears in 5 contracts

Sources: Master Mortgage Loan Purchase and Servicing Agreement, Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Master Mortgage Loan Purchase and Servicing Agreement (Jpmac 2006-Cw1)

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;.

Appears in 4 contracts

Sources: Servicing Agreement (Franklin Finance Corp), Residential Servicing Agreement (Peoples Preferred Capital Corp), Commercial Servicing Agreement (Peoples Preferred 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 applicable to it and contained in this Agreement;Addendum.

Appears in 3 contracts

Sources: New RMSR Agreement (Onity Group Inc.), New RMSR Agreement (Ocwen Financial Corp), New RMSR Agreement (New Residential Investment Corp.)

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;

Appears in 3 contracts

Sources: Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Cer Se 2002-2), Flow Interim Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust), Flow Interim 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 applicable to Seller contained in this Agreement;.

Appears in 2 contracts

Sources: Purchase Agreement (Crescent Banking Co), Purchase Agreement (Crescent Banking Co)

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;...

Appears in 1 contract

Sources: Interim Servicing Agreement (Mortgage Pass-Through Certificates Series 2003-37a)

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 of the Seller contained in this Agreement;.

Appears in 1 contract

Sources: Mortgage Loan Purchase and Sale Agreement (Commercial Mortgage Acceptance 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 to be performed by the Seller contained in this AgreementAgreement and any Transfer Supplement;

Appears in 1 contract

Sources: Sale and Servicing Agreement (Samco 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 required to be performed by it as set forth in this Agreement;.

Appears in 1 contract

Sources: Purchase Agreement (Firstplus Financial Group Inc)