Common use of Representations and Warranties; Conditions Precedent Clause in Contracts

Representations and Warranties; Conditions Precedent. (a) The Seller hereby affirms the representations and warranties set forth in Section 3.1 of the Home Equity Loan Purchase Agreement that relate to the Seller or the Subsequent Mortgage Loans as of the date hereof. The Seller hereby confirms that each of the conditions set forth in Section 2.3(b) of the Home Equity Loan Purchase Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Instrument and Section 2.3(c) of the Home Equity Loan Purchase Agreement. (b) The Seller is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller prior to the date hereof; (c) All terms and conditions of the Home Equity Loan Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Instrument shall control over the conflicting provisions of the Home Equity Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller hereby affirms the representations and warranties set forth in Section 3.1 3.01 of the Home Equity Loan Purchase Agreement that relate to the Seller or and the Subsequent Mortgage Loans as of the date hereof. The Seller hereby confirms that each of the conditions set forth in Section 2.3(b2.02(b) of the Home Equity Loan Purchase Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Seller's Instrument and Section 2.3(c2.02(c) of the Home Equity Loan Purchase Agreement. (b) The Seller is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Seller's Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller prior to the date hereof; (c) All terms and conditions of the Home Equity Loan Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Seller's Instrument shall control over the conflicting provisions of the Home Equity Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller hereby affirms the representations and warranties set forth in Section 3.1 3.01 of the Home Equity Loan Purchase Agreement that relate to the Seller or and the Subsequent Mortgage Loans as of the date hereof. The Seller hereby confirms that each of the conditions set forth in Section 2.3(b2.02(b) of the Home Equity Loan Purchase Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Seller’s Instrument and Section 2.3(c2.02(c) of the Home Equity Loan Purchase Agreement. (b) The Seller is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Seller’s Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller prior to the date hereof;. (c) All terms and conditions of the Home Equity Loan Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Seller’s Instrument shall control over the conflicting provisions of the Home Equity Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller hereby affirms the representations and warranties set forth in Section 3.1 3.01 of the Home Equity Loan Purchase Agreement that relate to the Seller or and the Subsequent Mortgage Loans as of the date hereof. The Seller hereby confirms that each of the conditions set forth in Section 2.3(b2.02(b) of the Home Equity Loan Purchase Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Seller’s Instrument and Section 2.3(c2.02(c) of the Home Equity Loan Purchase Agreement. (b) The Seller is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Seller’s Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller prior to the date hereof; (c) All terms and conditions of the Home Equity Loan Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Seller’s Instrument shall control over the conflicting provisions of the Home Equity Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller Sponsor hereby affirms the representations and warranties set forth in Section 3.1 3.01 of the Home Equity Loan Purchase Agreement that relate to the Seller or Sponsor and the Subsequent Mortgage Loans as of the date hereof. The Seller Sponsor hereby confirms that each of the conditions set forth in Section 2.3(b2.02(b) of the Home Equity Loan Purchase Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Sponsor’s Instrument and Section 2.3(c2.02(c) of the Home Equity Loan Purchase Agreement. (b) The Seller Sponsor is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Sponsor’s Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller Sponsor prior to the date hereof;. (c) All terms and conditions of the Home Equity Loan Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Sponsor’s Instrument shall control over the conflicting provisions of the Home Equity Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller hereby affirms the representations and warranties set forth in Section 3.1 of the Home Equity Loan Purchase Agreement that relate to the Seller or the Subsequent Mortgage Home Loans as of the date hereof. The Seller hereby confirms that each of the conditions set forth in Section 2.3(b2.2(b) of the Home Equity Loan Purchase Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Home Loan complies with the requirements of this Instrument Agreement and Section 2.3(c2.2(c) of the Home Equity Loan Purchase Agreement. (b) The Seller is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller prior to the date hereof;. (c) All terms and conditions of the Home Equity Loan Purchase Agreement relating to the Subsequent Home Loans are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Instrument Agreement shall control over the conflicting provisions of the Home Equity Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller Depositor hereby affirms the representations and warranties set forth in Section 3.1 3.02 of the Home Equity Loan Purchase Agreement that relate to the Seller or the Subsequent Mortgage Loans Depositor as of the date hereof. The Seller Depositor hereby confirms that each of the conditions condition precedent and Subsequent Mortgage Loan requirement set forth in Section 2.3(b2.02(b) and 2.02(c) of the Home Equity Loan Purchase Agreement and in this Depositor Instrument are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Instrument and Section 2.3(c) of the Home Equity Loan Purchase Agreementhereof. (b) The Seller Depositor is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Depositor’s Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller Depositor prior to the date hereof;. (c) All terms and conditions of the Home Equity Loan Purchase Agreement are hereby ratified and confirmedconfirmed by the Depositor; provided, however, that in the event of any conflict the provisions of this Depositor’s Instrument shall control over the conflicting provisions of the Home Equity Mortgage Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller hereby affirms the representations and warranties set forth in Section 3.1 of the Home Equity Mortgage Loan Purchase Agreement that relate to the Seller or and the Subsequent Mortgage Loans as of the date hereof. The Seller hereby confirms that each of the conditions set forth in Section 2.3(b2.2(b) of the Home Equity Mortgage Loan Purchase Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Seller's Instrument and Section 2.3(c2.2(c) of the Home Equity Mortgage Loan Purchase Agreement. (b) The Seller is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Seller's Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller prior to the date hereof; ; (c) All terms and conditions of the Home Equity Loan Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Instrument shall control over the conflicting provisions of the Home Equity Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller hereby affirms the representations and warranties set forth in Section 3.1 3.06 of the Home Equity Loan Purchase Sale and Servicing Agreement that relate to the Seller or the Subsequent Mortgage Loans as of the date hereof. The Seller hereby confirms that each of the conditions set forth in Section 2.3(b) 4.01 of the Home Equity Loan Purchase Sale and Servicing Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Instrument and Section 2.3(c) 2.05 of the Home Equity Loan Purchase Sale and Servicing Agreement. (b) The Seller is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller prior to the date hereof; (c) All terms and conditions of the Home Equity Loan Purchase Sale and Servicing Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Instrument shall control over the conflicting provisions of the Home Equity Loan Purchase Sale and Servicing Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller Sponsor hereby affirms the representations and warranties set forth in Section 3.1 3.02 of the Home Equity Loan Purchase Sale and Servicing Agreement that relate to the Seller or the Subsequent Mortgage Loans Sponsor as of the date hereof. The Seller Sponsor hereby confirms that each of the conditions set forth in Section 2.3(b) 4.01 of the Home Equity Loan Purchase Sale and Servicing Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Instrument and Section 2.3(c) 2.05 of the Home Equity Loan Purchase Sale and Servicing Agreement. (b) The Seller Sponsor is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller Sponsor prior to the date hereof; (c) All terms and conditions of the Home Equity Loan Purchase Sale and Servicing Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Instrument shall control over the conflicting provisions of the Home Equity Loan Purchase Sale and Servicing Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller Each of the Originators hereby affirms the representations and warranties set forth in Section 3.1 Sections 4.01 and 4.02 of the Home Equity Loan Purchase Agreement that relate to the Seller such Originator or the Subsequent Mortgage Loans conveyed by such Originator as of the date hereof. The Seller Each of the Originators hereby confirms that each of the conditions set forth in Section 2.3(b) 2.02 of the Home Equity Loan Purchase Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan conveyed by such Originator complies with the requirements of this Instrument Agreement and Section 2.3(c2.01(b) of the Home Equity Loan Purchase Agreement. (b) The Seller Each of the Originators hereby affirms that it is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Instrument Agreement or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller such Originator prior to the date hereof;. (c) All terms and conditions of the Home Equity Loan Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Instrument Agreement shall control over the conflicting provisions of the Home Equity Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller hereby affirms the representations and warranties set forth in Section 3.1 of the Home Equity Mortgage Loan Purchase Agreement that relate to the Seller or the Subsequent Mortgage Loans HELs as of the date hereof. The Seller hereby confirms that each of the conditions set forth in Section 2.3(b2.2(b) of the Home Equity Mortgage Loan Purchase Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan HEL complies with the requirements of this Instrument Agreement and Section 2.3(c2.2(c) of the Home Equity Mortgage Loan Purchase Agreement. (b) The Seller is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller prior to the date hereof;. (c) All terms and conditions of the Home Equity Mortgage Loan Purchase Agreement relating to the Subsequent HELs are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Instrument Agreement shall control over the conflicting provisions of the Home Equity Mortgage Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller Depositor hereby affirms the representations and warranties set forth in Section 3.1 3.02 of the Home Equity Loan Purchase Agreement that relate to the Seller or the Subsequent Mortgage Loans Depositor as of the date hereof. The Seller Depositor hereby confirms that each of the conditions condition precedent and Subsequent Mortgage Loan requirement set forth in Section 2.3(b2.02(b) and 2.02(c) of the Home Equity Loan Purchase Agreement and in this Depositor Instrument are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Instrument and Section 2.3(c) of the Home Equity Loan Purchase Agreementhereof. (b) The Seller Depositor is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Depositor’s Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller Depositor prior to the date hereof;. (c) All terms and conditions of the Home Equity Loan Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Depositor’s Instrument shall control over the conflicting provisions of the Home Equity Mortgage Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller Depositor hereby affirms the representations and warranties set forth in Section 3.1 3.06 of the Home Equity Loan Purchase Sale and Servicing Agreement that relate to the Seller or Depositor and the Subsequent Mortgage Loans as of the date hereof. The Seller Depositor hereby confirms that each of the conditions set forth in Section 2.3(b2.10(b) of the Home Equity Loan Purchase Sale and Servicing Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Depositor’s Instrument and Section 2.3(c2.10(c) of the Home Equity Loan Purchase Sale and Servicing Agreement. (b) The Seller Depositor is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Depositor’s Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller Depositor prior to the date hereof;. (c) All terms and conditions of the Home Equity Loan Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Depositor’s Instrument shall control over the conflicting provisions of the Home Equity Loan Purchase Agreement.

Representations and Warranties; Conditions Precedent. (a) The Seller Sponsor hereby affirms the representations and warranties set forth in Section Sections 3.1 and 3.3 of the Home Equity Loan Purchase Sale and Servicing Agreement that relate to the Seller Sponsor or the Subsequent Mortgage Loans as H-1 90 of the date hereof. The Seller Sponsor hereby confirms that each of the conditions set forth in Section 2.3(b) 2.6 of the Home Equity Loan Purchase Sale and Servicing Agreement are satisfied as of the date hereof and further represents and warrants that each Subsequent Mortgage Loan complies with the requirements of this Instrument Agreement and Section 2.3(c) 2.6 of the Home Equity Loan Purchase Sale and Servicing Agreement. (b) The Seller Sponsor is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Instrument Agreement or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Seller Sponsor prior to the date hereof;. (c) All terms and conditions of the Home Equity Loan Purchase Sale and Servicing Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Instrument Agreement shall control over the conflicting provisions of the Home Equity Loan Purchase Sale and Servicing Agreement.