Ability to Perform; Solvency. 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. Seller is Solvent and the sale of the Current Excess Servicing Spread will not cause Seller to become insolvent. The sale of the Current Excess Servicing Spread is not undertaken to hinder, delay or defraud any of the creditors of Seller. The consideration received by Seller upon the sale of the Current Excess Servicing Spread constitutes fair consideration and reasonably equivalent value therefor.
Appears in 40 contracts
Samples: Current Excess Servicing Spread Acquisition Agreement, Current Excess Servicing Spread Acquisition Agreement, Current Excess Servicing Spread Acquisition Agreement (Nationstar Mortgage Holdings Inc.)
Ability to Perform; Solvency. 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. Seller is Solvent and the sale of the Current Future Excess Servicing Spread will not cause Seller to become insolvent. The sale of the Current Future Excess Servicing Spread is not undertaken to hinder, delay or defraud any of the creditors of Seller. The consideration received by Seller upon the sale of the Current Future Excess Servicing Spread constitutes fair consideration and reasonably equivalent value therefor.
Appears in 33 contracts
Samples: Future Spread Agreement for Non Agency Mortgage Loans, Future Spread Agreement for Non Agency Mortgage Loans (Nationstar Mortgage Holdings Inc.), Future Spread Agreement for Non Agency Mortgage Loans (Nationstar Mortgage Holdings Inc.)
Ability to Perform; Solvency. 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. Seller is Solvent and the sale of the Current Excess Servicing Spread will not cause Seller to become insolvent. The sale of the Current Excess Servicing Spread is not undertaken to hinder, delay or defraud any of the creditors of Seller. The consideration received by Seller upon the sale of the Current Excess Servicing Spread constitutes fair consideration and reasonably equivalent value therefor.
Appears in 2 contracts
Samples: Sale and Assignment Agreement (Newcastle Investment Corp), Sale and Assignment Agreement (Nationstar Mortgage Holdings Inc.)
