Acknowledgement of the Parties. Each party to this Agreement hereby represents and warrants to the Class A-2 Certificate Insurer, as of the Closing Date, that it has not assigned any of its rights or obligations under this Agreement, or waived (a) delivery of any item described in Section 5(a) of this Agreement or (b) any condition to the release of escrow and the effectiveness of this Agreement contained in Section 5(b) of this Agreement.
Appears in 2 contracts
Sources: Servicer Resignation, Appointment, Assumption and Amendment Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2002-Nc5), Servicer Resignation, Appointment, Assumption and Amendment Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2003 Nc2)