Common use of Ability to Perform Clause in Contracts

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Documents applicable to it to which it is a party.

Appears in 26 contracts

Sources: Master Repurchase Agreement (Claros Mortgage Trust, Inc.), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Master Repurchase Agreement (Claros Mortgage Trust, Inc.)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 19 contracts

Sources: Master Repurchase Agreement and Securities Contract (loanDepot, Inc.), Master Repurchase Agreement (Horton D R Inc /De/), Master Repurchase Agreement (Home Point Capital Inc.)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.

Appears in 11 contracts

Sources: Master Repurchase Agreement (Gramercy Capital Corp), Master Repurchase Agreement (CBRE Realty Finance Inc), Master Repurchase Agreement (New Century Financial Corp)

Ability to Perform. 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 contained in the Transaction Documents applicable to it to which it is a party.

Appears in 9 contracts

Sources: Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Master Repurchase Agreement (Principal Credit Real Estate Income Trust), Master Repurchase Agreement (Fortress Credit Realty Income Trust)

Ability to Perform. 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 the Transaction Documents applicable to it to which it is a party.

Appears in 8 contracts

Sources: Master Repurchase Agreement (AB Commercial Real Estate Private Debt Fund, LLC), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.)

Ability to Perform. Such Seller does not believe, nor does it have any reason or cause to believe, that it any Relevant Party cannot perform each and every covenant contained in the Transaction Documents applicable to it to which it is a party.

Appears in 7 contracts

Sources: Master Repurchase Agreement (Angel Oak Mortgage REIT, Inc.), Master Repurchase Agreement (Angel Oak Mortgage REIT, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Program Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 7 contracts

Sources: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (AmeriHome, Inc.)

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 the Transaction Repurchase Documents applicable to it to which it is a party.party on its part to be performed

Appears in 7 contracts

Sources: Master Repurchase Agreement (WMC Finance Co), Master Repurchase Agreement (Affordable Residential Communities Inc), Master Repurchase Agreement (Homebanc Corp)

Ability to Perform. Seller does not believe, nor does it believe or have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Program Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 7 contracts

Sources: Master Repurchase Agreement (Finance of America Companies Inc.), Master Repurchase Agreement (Finance of America Companies Inc.), Master Repurchase Agreement (Finance of America Companies Inc.)

Ability to Perform. Seller does not believe, nor does it Seller have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 4 contracts

Sources: Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.)

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 the Transaction Repurchase Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 4 contracts

Sources: Master Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement (Taberna Realty Finance Trust)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.;

Appears in 3 contracts

Sources: Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (ECC Capital CORP)

Ability to Perform. Each Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 3 contracts

Sources: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

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 the Transaction Program Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 3 contracts

Sources: Mortgage Loan Participation Sale Agreement (Home Point Capital Inc.), Mortgage Loan Participation Sale Agreement (Home Point Capital Inc.), Mortgage Loan Participation Sale Agreement (Home Point Capital Inc.)

Ability to Perform. Seller does not believe, nor does it Seller have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Program Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 2 contracts

Sources: Master Repurchase Agreement (RMR Mortgage Trust), Master Repurchase Agreement (Granite Point Mortgage Trust Inc.)

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 the Transaction Repurchase Documents applicable to it to which it is a party.

Appears in 2 contracts

Sources: Master Repurchase Agreement (Quadra Realty Trust, Inc.), Master Repurchase Agreement (New Century Financial Corp)

Ability to Perform. Neither Seller does not believebelieves, nor does it have has any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.party on its part to be performed

Appears in 2 contracts

Sources: Master Repurchase Agreement (Homebanc Corp), Repurchase Agreement (Criimi Mae Inc)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant of Seller contained in the Transaction Facility Documents applicable to it to which it is a partyhas represented it can perform.

Appears in 1 contract

Sources: Master Repurchase Agreement (Caliber Home Loans, Inc.)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.party on its part to be performed

Appears in 1 contract

Sources: Master Repurchase Agreement (Taberna Realty Finance Trust)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Documents Facility Agreements applicable to it to which it is a party.

Appears in 1 contract

Sources: Master Repurchase Agreement (Winston Hotels Inc)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it either Seller cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.;

Appears in 1 contract

Sources: Master Repurchase Agreement (Hanover Capital Mortgage Holdings Inc)

Ability to Perform. Seller does not believe, nor does it have any reason or to cause it to believe, that it cannot perform each and every covenant to be performed by Seller contained in the Transaction Repurchase Documents applicable to it to which it is a party.

Appears in 1 contract

Sources: Master Repurchase Agreement (Ryland Group Inc)

Ability to Perform. 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 the Transaction Documents applicable to it to which it is a party.. 4918-1599-2897v.6

Appears in 1 contract

Sources: Master Repurchase Agreement (Principal Credit Real Estate Income Trust)

Ability to Perform. Seller does not believe, nor does it have any ------------------ reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.

Appears in 1 contract

Sources: Master Repurchase Agreement (New Century Financial Corp)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a party.party on its part to be performed

Appears in 1 contract

Sources: Master Repurchase Agreement (Anthracite Capital Inc)

Ability to Perform. No Seller does not believebelieves, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Documents applicable to it to which it is a party.

Appears in 1 contract

Sources: Master Repurchase Agreement (Starwood Property Trust, Inc.)

Ability to Perform. Seller does not believe, nor does it have has any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement, the Transaction Documents applicable to it Netting Agreement or any Related Hedge Agreement to which it is a partyparty on its part to be performed.

Appears in 1 contract

Sources: Master Repurchase Agreement (Criimi Mae Inc)

Ability to Perform. No Seller does not believebelieves, nor does it have any reason or cause to believe, that it any Seller cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 1 contract

Sources: Master Repurchase Agreement (Sutherland Asset Management Corp)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant of Seller contained in the Transaction Facility Documents applicable to it to which it is a party.

Appears in 1 contract

Sources: Master Repurchase Agreement (Radian Group Inc)

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 the Transaction Facility Documents applicable to it to which it is a party.party on its part to be performed

Appears in 1 contract

Sources: Master Repurchase Agreement (First NLC Financial Services Inc)

Ability to Perform. Each Seller Counterparty 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 the Transaction Documents applicable to it to which it is a party.

Appears in 1 contract

Sources: Master Repurchase Agreement (Granite Point Mortgage Trust Inc.)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.party on its part to be performed;

Appears in 1 contract

Sources: Master Repurchase Agreement (Starnet Financial Inc)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it Seller cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.;

Appears in 1 contract

Sources: Master Repurchase Agreement (Hanover Capital Mortgage Holdings Inc)

Ability to Perform. No Seller does not believebelieves, nor does it have any reason or cause to believe, that it cannot perform each and every covenant applicable to it and contained in the Transaction Documents applicable to it to which it is a party.

Appears in 1 contract

Sources: Master Repurchase Agreement (Starwood Credit Real Estate Income Trust)

Ability to Perform. 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 contained in the Transaction Documents applicable to it to which it is a party.

Appears in 1 contract

Sources: Master Repurchase Agreement (Realty Finance Trust, Inc.)

Ability to Perform. 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 the Transaction Documents applicable to it to which it is a party.. 4931-3517-6718v.7

Appears in 1 contract

Sources: Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.)