Common use of Representations and Warranties of the Lender Clause in Contracts

Representations and Warranties of the Lender. The Lender represents and warrants the terms and conditions in Appendix B, and further represents and warrants that: (a) The only recipient of the Loan is the Borrower identified and described in this Participation Agreement; (b) the Lender shall perform all of its obligations and duties under the Loan Documents and this Participation Agreement, including all obligations and duties set forth in Appendix B; (c) the Lender has performed a credit analysis of the Borrower satisfactory to Lender; (d) upon closing of the Loan, the Lender shall have good and marketable title to the Loan subject to no encumbrance or disability, and except as created by this Participation Agreement and the Loan Documents, to the actual or constructive knowledge of the Lender, no party to the Loan shall have any defense or claim against the Lender arising out of the Loan; (e) the Loan is for the Project and shall be in accordance with applicable Federal and State laws, including but not limited to, laws governing types of loans, interest rates and priority of security; and (f) to the extent required under law, the security documents for the Loan are, or will be, properly recorded in order to validly perfect and maintain a security interest in the collateral securing the Loan, and the Lender will take whatever additional actions may be necessary to validly perfect and maintain a security interest in the collateral securing the Loan.

Representations and Warranties of the Lender. The Lender represents and warrants the terms and conditions set forth in Appendix B, A and further represents and warrants that: (a) The only recipient of the Loan is the Borrower identified and described in this Participation Guarantee Agreement; (b) the Lender shall set a fair and reasonable interest rate. (c) Lender shall perform all of its obligations and duties and shall otherwise comply with all terms and conditions under the Loan Documents and this Participation Guarantee Agreement, including all obligations and duties set forth in Appendix B; (cd) the Lender has performed a credit analysis of the Borrower satisfactory to the Lender; (de) upon Upon closing of the Loan, the Lender shall have good and marketable title to the Loan subject to no encumbrance or disability, and except as created by this Participation Guarantee Agreement and the Loan loan Documents, to the actual or constructive knowledge of the Lender, no party to the Loan shall have has any defense or claim against the Lender arising out of the Loan; (ef) the The Loan is for the Project and shall be in accordance with applicable Federal and State laws, including but not limited to, laws governing types of loans, interest rates and priority of security; and (fg) Lender has full power to the extent enter into this Agreement and has taken all actions required under lawby its procedures, the security documents for the Loan are, or will be, properly recorded in order by-laws and/or applicable laws to validly perfect lawfully authorize its undersigned signatory to execute this Agreement and maintain a security interest in the collateral securing the Loan, and the to bind Lender will take whatever additional actions may be necessary to validly perfect and maintain a security interest in the collateral securing the Loanits terms.

Representations and Warranties of the Lender. The Lender represents and warrants the terms and conditions set forth in Appendix B, A and further represents and warrants that: (a) : The only recipient of the Loan is the Borrower identified and described in this Participation Deposit Agreement; (b) the ; Lender shall perform all of its obligations and duties duties, and shall otherwise comply with all term and conditions, under the Loan Documents and this Participation Deposit Agreement, including all obligations and duties set forth in Appendix B; (c) the Lender A; ▇▇▇▇▇▇ has performed a credit analysis of the Borrower satisfactory to the Lender; (d) ; upon closing of the Loan, the Lender shall have good and marketable title to the Loan subject to no encumbrance or disability, and except as created by this Participation Deposit Agreement and the Loan Documents, to the actual or constructive knowledge of the Lender, no party to the Loan shall have has any defense or claim against the Lender arising out of the Loan; (e) ; the Loan is for the Project and shall be in accordance with applicable Federal and State laws, including but not limited to, laws governing types of loans, interest rates and priority of security; and (f) and to the extent required under law, the security documents for the Loan arewere, or will be, be properly recorded in order to validly perfect and maintain a security interest in the collateral securing the Loan, and the Lender will take whatever additional actions may be necessary to validly perfect and maintain a security interest in the all collateral securing the Loan.

Representations and Warranties of the Lender. The Lender represents and warrants the terms and conditions set forth in Appendix B, A and further represents and warrants that: (a) The only recipient of the Loan is the Borrower identified and described in this Participation Deposit Agreement; (b) the Lender shall perform all of its obligations and duties duties, and shall otherwise comply with all term and conditions, under the Loan Documents and this Participation Deposit Agreement, including all obligations and duties set forth in Appendix BA; (c) the Lender ▇▇▇▇▇▇ has performed a credit analysis of the Borrower satisfactory to the Lender; (d) upon closing of the Loan, the Lender shall have good and marketable title to the Loan subject to no encumbrance or disability, and except as created by this Participation Deposit Agreement and the Loan Documents, to the actual or constructive knowledge of the Lender, no party to the Loan shall have has any defense or claim against the Lender arising out of the Loan; (e) the Loan is for the Project and shall be in accordance with applicable Federal and State laws, including but not limited to, laws governing types of loans, interest rates and priority of security; and (f) to the extent required under law, the security documents for the Loan arewere, or will be, be properly recorded in order to validly perfect and maintain a security interest in the collateral securing the Loan, and the Lender will take whatever additional actions may be necessary to validly perfect and maintain a security interest in the all collateral securing the Loan.

Representations and Warranties of the Lender. The Lender represents and warrants the terms and conditions set forth in Appendix B, A and further represents and warrants that: (a) The only recipient of the Loan is the Borrower identified and described in this Participation Guarantee Agreement; (b) the Lender shall set a fair and reasonable interest rate. (c) Lender shall perform all of its obligations and duties and shall otherwise comply with all terms and conditions under the Loan Documents and this Participation Guarantee Agreement, including all obligations and duties set forth in Appendix B; (cd) the Lender has performed a credit analysis of the Borrower satisfactory to the Lender; (de) upon Upon closing of the Loan, the Lender shall have good and marketable title to the Loan subject to no encumbrance or disability, and except as created by this Participation Guarantee Agreement and the Loan Documents, to the actual or constructive knowledge of the Lender, no party to the Loan shall have has any defense or claim against the Lender arising out of the Loan; (ef) the The Loan is for the Project and shall be in accordance with applicable Federal and State laws, including but not limited to, laws governing types of loans, interest rates and priority of security; (g) Lender has full power to enter into this Agreement and has taken all actions required by its procedures, by-laws and/or applicable laws to lawfully authorize its undersigned signatory to execute this Agreement and to bind Lender to its terms; and (fh) to the extent required under law, the security documents for the Loan are, or will be, properly recorded in order to validly perfect and maintain a security interest in the Lender shall not release its lien on any collateral securing the Loan, and Loan without obtaining prior written approval from the Lender will take whatever additional actions may be necessary to validly perfect and maintain a security interest in the collateral securing the LoanDepartment.

Representations and Warranties of the Lender. The Lender represents and warrants the terms and conditions set forth in Appendix B, A and further represents and warrants that: (a) The only recipient of the Loan is the Borrower identified and described in this Participation Deposit Agreement; (b) the Lender shall perform all of its obligations and duties duties, and shall otherwise comply with all term and conditions, under the Loan Documents and this Participation Deposit Agreement, including all obligations and duties set forth in Appendix BA; (c) the Lender has performed a credit analysis of the Borrower satisfactory to the Lender; (d) upon closing of the Loan, the Lender shall have good and marketable title to the Loan subject to no encumbrance or disability, and except as created by this Participation Deposit Agreement and the Loan Documents, to the actual or constructive knowledge of the Lender, no party to the Loan shall have has any defense or claim against the Lender arising out of the Loan; (e) the Loan is for the Project and shall be in accordance with applicable Federal and State laws, including but not limited to, laws governing types of loans, interest rates and priority of security; and (f) to the extent required under law, the security documents for the Loan arewere, or will be, be properly recorded in order to validly perfect and maintain a security interest in the collateral securing the Loan, and the Lender will take whatever additional actions may be necessary to validly perfect and maintain a security interest in the all collateral securing the Loan.

Representations and Warranties of the Lender. The Lender represents and warrants that all the warranties and representations and the terms and conditions set forth in Appendix Bthe Participating Lender Agreement continue in full force and effect and apply to the Loan and the Lender’s participation in the HI-CAP CSP Program as well as the making of the Loan, and the Lender further represents and warrants that: (a) The only recipient of the Loan is the Borrower identified and described in this Participation Deposit Agreement; (b) the Lender shall perform all of its obligations and duties duties, and shall otherwise comply with all term and conditions, under the Loan Documents and this Participation Deposit Agreement, including all obligations and duties set forth in Appendix B;the Participating Lender Agreement. (c) the Lender ▇▇▇▇▇▇ has performed a credit analysis of the Borrower satisfactory to the Lender; (d) upon closing of the Loan, the Lender shall have good and marketable title to the Loan subject to no encumbrance or disability, and except as created by this Participation Deposit Agreement and the Loan Documents, to the actual or constructive knowledge of the Lender, no party to the Loan shall have has any defense or claim against the Lender arising out of the Loan; (e) the Loan is for the Project and shall be in accordance with applicable Federal and State laws, including but not limited to, laws governing types of loans, interest rates and priority of security; and (f) to the extent required under law, the security documents for the Loan arewere, or will be, be properly recorded in order to validly perfect and maintain a security interest in the collateral securing the Loan, and the Lender will take whatever additional actions may be necessary to validly perfect and maintain a security interest in the all collateral securing the Loan.

Representations and Warranties of the Lender. The Lender represents and warrants the terms and conditions set forth in Appendix B, A and further represents and warrants that: (a) The only recipient of the Loan is the Borrower identified and described in this Participation Guaranty Agreement; (b) the Lender shall set a fair and reasonable interest rate. (c) Lender shall perform all of its obligations and duties and shall otherwise comply with all terms and conditions under the Loan Documents and this Participation Guaranty Agreement, including all obligations and duties set forth in Appendix B; (cd) the Lender has performed a credit analysis of the Borrower satisfactory to the Lender; (de) upon Upon closing of the Loan, the Lender shall have good and marketable title to the Loan subject to no encumbrance or disability, and except as created by this Participation Guaranty Agreement and the Loan Documents, to the actual or constructive knowledge of the Lender, no party to the Loan shall have has any defense or claim against the Lender arising out of the Loan; (ef) the The Loan is for the Project and shall be in accordance with applicable Federal and State laws, including but not limited to, laws governing types of loans, interest rates and priority of security; (g) Lender has full power to enter into this Agreement and has taken all actions required by its procedures, by-laws and/or applicable laws to lawfully authorize its undersigned signatory to execute this Agreement and to bind Lender to its terms; and (fh) to the extent required under law, the security documents for the Loan are, or will be, properly recorded in order to validly perfect and maintain a security interest in the Lender shall not release its lien on any collateral securing the Loan, and Loan without obtaining prior written approval from the Lender will take whatever additional actions may be necessary to validly perfect and maintain a security interest in the collateral securing the LoanDepartment.

Representations and Warranties of the Lender. The Lender represents and warrants the terms and conditions in Appendix B, and further represents and warrants that: (a) : The only recipient of the Loan is the Borrower identified and described in this Participation Agreement; (b) ; the Lender shall perform all of its obligations and duties under the Loan Documents and this Participation Agreement, including all obligations and duties set forth in Appendix B; (c) ; the Lender has performed a credit analysis of the Borrower satisfactory to Lender; (d) ; upon closing of the Loan, the Lender shall have good and marketable title to the Loan subject to no encumbrance or disability, and except as created by this Participation Agreement and the Loan Documents, to the actual or constructive knowledge of the Lender, no party to the Loan shall have any defense or claim against the Lender arising out of the Loan; (e) ; the Loan is for the Project and shall be in accordance with applicable Federal and State laws, including but not limited to, laws governing types of loans, interest rates and priority of security; and (f) and to the extent required under law, the security documents for the Loan are, or will be, properly recorded in order to validly perfect and maintain a security interest in the collateral securing the Loan, and the Lender will take whatever additional actions may be necessary to validly perfect and maintain a security interest in the collateral securing the Loan.

Representations and Warranties of the Lender. The Lender represents and warrants the terms and conditions set forth in Appendix B, A and further represents and warrants that: (a) : The only recipient of the Loan is the Borrower identified and described in this Participation Deposit Agreement; (b) the ; Lender shall perform all of its obligations and duties duties, and shall otherwise comply with all term and conditions, under the Loan Documents and this Participation Deposit Agreement, including all obligations and duties set forth in Appendix B; (c) the A; Lender has performed a credit analysis of the Borrower satisfactory to the Lender; (d) ; upon closing of the Loan, the Lender shall have good and marketable title to the Loan subject to no encumbrance or disability, and except as created by this Participation Deposit Agreement and the Loan Documents, to the actual or constructive knowledge of the Lender, no party to the Loan shall have has any defense or claim against the Lender arising out of the Loan; (e) ; the Loan is for the Project and shall be in accordance with applicable Federal and State laws, including but not limited to, laws governing types of loans, interest rates and priority of security; and (f) and to the extent required under law, the security documents for the Loan arewere, or will be, be properly recorded in order to validly perfect and maintain a security interest in the collateral securing the Loan, and the Lender will take whatever additional actions may be necessary to validly perfect and maintain a security interest in the all collateral securing the Loan.

Representations and Warranties of the Lender. The Lender represents and warrants the terms and conditions in Appendix B, and further represents and warrants that: (a) The the only recipient of the Loan is the Borrower identified and described in this Participation Agreement; (b) the Lender shall perform all of its obligations and duties under the Loan Documents and this Participation Agreement, including all obligations and duties set forth in Appendix B; (c) the Lender has performed a credit analysis of the Borrower satisfactory to Lender; (d) upon closing of the Loan, the Lender shall have good and marketable title to the Loan subject to no encumbrance or disability, and except as created by this Participation Agreement and the Loan Documents, to the actual or constructive knowledge of the Lender, no party to the Loan shall have any defense or claim against the Lender arising out of the Loan; (e) the Loan is for the Project and shall be in accordance with applicable Federal and State laws, including but not limited to, laws governing types of loans, interest rates and priority of security; and (f) to the extent required under law, the security documents for the Loan are, or will be, properly recorded in order to validly perfect and maintain a security interest in the collateral securing the Loan, and the Lender will take whatever additional actions may be necessary to validly perfect and maintain a security interest in the collateral securing the Loan.