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Common use of Ability to Perform; Solvency Clause in Contracts

Ability to Perform; Solvency. WMC 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. WMC is solvent and the sale of the Mortgage Loans will not cause WMC to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of WMC's creditors. SCHEDULE VIII Morgan Stanley Capital I Inc. Mortgage Pass Throxxx Xxrxxxxxxxes, Series 2006-HE2 Representations and Warranties of Decision One as to the Decision One Mortgage Loans With respect to the Mortgage Loans for which Decision One is specific as the Responsible Party on the Mortgage Loan Schedule, Decision One hereby makes the following representations and warranties set forth in this Schedule VIII to the other parties to the Agreement to which this Schedule VIII is attached as of the Closing Date. Capitalized terms used but not otherwise defined in the Agreement shall have the meanings ascribed thereto in the Decision One Purchase Agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-He2), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-He2), Pooling and Servicing Agreement (Morgan Stanley Capital I Inc. Trust 2006-He2)

Ability to Perform; Solvency. WMC 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. WMC is solvent and the sale of the Mortgage Loans will not cause WMC to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of WMC's creditors. SCHEDULE VIII VII Morgan Stanley ABS Capital I Inc. Mortgage Pass Throxxx XxrxxxxxxxesXxxxxxh Xxxxxxicates, Series 2006-HE2 HE5 Representations and Warranties of Decision One as to the Decision One Mortgage Loans ---------------------------------------------- With respect to the Mortgage Loans for which Decision One is specific as the Responsible Party on the Mortgage Loan Schedule, Decision One hereby makes the following representations and warranties set forth in this Schedule VIII VII to the other parties to the Agreement to which this Schedule VIII VII is attached as of the Closing Date. Capitalized terms used but not otherwise defined in the Agreement shall have the meanings ascribed thereto in the Decision One Purchase Agreement.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5)

Ability to Perform; Solvency. WMC 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. WMC is solvent and the sale of the Mortgage Loans will not cause WMC to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of WMC's creditors. SCHEDULE VIII VII Morgan Stanley ABS Capital I Inc. Mortgage Pass Throxxx XxrxxxxxxxesXxxxxxh Xxxxxxicates, Series 2006-HE2 HE3 Representations and Warranties of Decision One as to the Decision One Mortgage Loans With respect to the Mortgage Loans for which Decision One is specific as the Responsible Party on the Mortgage Loan Schedule, Decision One hereby makes the following representations and warranties set forth in this Schedule VIII VII to the other parties to the Agreement to which this Schedule VIII VII is attached as of the Closing Date. Capitalized terms used but not otherwise defined in the Agreement shall have the meanings ascribed thereto in the Decision One Purchase Agreement.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (MSAC Trust 2006-He3), Pooling and Servicing Agreement (MSAC Trust 2006-He3)

Ability to Perform; Solvency. WMC 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. WMC is solvent and the sale of the Mortgage Loans will not cause WMC to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of WMC's creditors. SCHEDULE VIII VI Morgan Stanley ABS Capital I Inc. Mortgage Pass Throxxx XxrxxxxxxxesTxxxxxx Xxxxxxxcates, Series 2006-HE2 HE4 Representations and Warranties of Decision One as to the Decision One Mortgage Loans With respect to the Mortgage Loans for which Decision One is specific as the Responsible Party on the Mortgage Loan Schedule, Decision One hereby makes the following representations and warranties set forth in this Schedule VIII VI to the other parties to the Agreement to which this Schedule VIII VI is attached as of the Closing Date. Capitalized terms used but not otherwise defined in the Agreement shall have the meanings ascribed thereto in the Decision One Purchase Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4)

Ability to Perform; Solvency. WMC 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. WMC is solvent and the sale of the Mortgage Loans will not cause WMC to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of WMC's creditors. SCHEDULE VIII VI Morgan Stanley ABS Capital I Inc. Mortgage Pass Throxxx XxrxxxxxxxesXxxxxxh Xxxxxxicates, Series 2006-HE2 HE4 Representations and Warranties of Decision One as to the Decision One Mortgage Loans With respect to the Mortgage Loans for which Decision One is specific as the Responsible Party on the Mortgage Loan Schedule, Decision One hereby makes the following representations and warranties set forth in this Schedule VIII VI to the other parties to the Agreement to which this Schedule VIII VI is attached as of the Closing Date. Capitalized terms used but not otherwise defined in the Agreement shall have the meanings ascribed thereto in the Decision One Purchase Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He4)

Ability to Perform; Solvency. WMC 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. WMC is solvent and the sale of the Mortgage Loans will not cause WMC to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of WMC's creditors. SCHEDULE VIII VI Morgan Stanley ABS Capital I Inc. Mortgage Pass Throxxx XxrxxxxxxxesPasx Xxxxuxx Xxxxificates, Series 2006-HE2 HE6 Representations and Warranties of Decision One as to the Decision One Mortgage Loans With respect to the Mortgage Loans for which Decision One is specific as the Responsible Party on the Mortgage Loan Schedule, Decision One hereby makes the following representations and warranties set forth in this Schedule VIII VI to the other parties to the Agreement to which this Schedule VIII VI is attached as of the Closing Date. Capitalized terms used but not otherwise defined in the Agreement shall have the meanings ascribed thereto in the Decision One Purchase Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He6)

Ability to Perform; Solvency. WMC 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. WMC is solvent and the sale of the Mortgage Loans will not cause WMC to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of WMC's creditors. SCHEDULE VIII VI Morgan Stanley ABS Capital I Inc. Mortgage Pass Throxxx XxrxxxxxxxesTrust 2007-HE6 Xxxxxaxx Xxxx-Through Certificates, Series 20062007-HE2 HE6 Representations and Warranties of Decision One ---------------------------------------------- as to the Decision One Mortgage Loans ------------------------------------- With respect to the Mortgage Loans for which Decision One is specific as the Responsible Party on the Mortgage Loan Schedule, Decision One hereby makes the following representations and warranties set forth in this Schedule VIII VI to the other parties to the Agreement to which this Schedule VIII VI is attached as of the Closing Date. Capitalized terms used but not otherwise defined in the Agreement shall have the meanings ascribed thereto in the Decision One Purchase Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-He6)

Ability to Perform; Solvency. WMC 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. WMC is solvent and the sale of the Mortgage Loans will not cause WMC to become insolvent. The sale of the Mortgage Loans is not undertaken with the intent to hinder, delay or defraud any of WMC's creditors. SCHEDULE VIII VI Morgan Stanley ABS Capital I Inc. Mortgage Pass Throxxx XxrxxxxxxxesXxxxxxh Xxxxxxicates, Series 2006-HE2 HE6 Representations and Warranties of Decision One as to the Decision One Mortgage Loans With respect to the Mortgage Loans for which Decision One is specific as the Responsible Party on the Mortgage Loan Schedule, Decision One hereby makes the following representations and warranties set forth in this Schedule VIII VI to the other parties to the Agreement to which this Schedule VIII VI is attached as of the Closing Date. Capitalized terms used but not otherwise defined in the Agreement shall have the meanings ascribed thereto in the Decision One Purchase Agreement.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He6)