Common use of Ability to Perform Clause in Contracts

Ability to Perform. The Servicer 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;

Appears in 622 contracts

Samples: Servicing Agreement (Angel Oak Mortgage REIT, Inc.), Mortgage Loan Purchase Agreement (Angel Oak Mortgage, Inc.), Servicing Agreement (Wells Fargo Real Estate Investment Corp.)

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Ability to Perform. The Servicer 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. The Servicer is solvent;

Appears in 63 contracts

Samples: Assignment, Assumption and Recognition Agreement (Citigroup Mortgage Loan Trust 2007-10), Assignment, Assumption and Recognition Agreement (Citigroup Mortgage Loan Trust 2007-2), Acknowledgment Agreement (Citigroup Mortgage Loan Trust 2006-Ar7)

Ability to Perform. The Servicer 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;.

Appears in 60 contracts

Samples: Servicing Agreement, Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Flow Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar1)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it it, together with the Sub-Servicer, cannot perform each and every covenant contained in this Agreement;

Appears in 33 contracts

Samples: Servicing Agreement (Thornburg Mortgage Securities Trust 2006-4), Servicing Agreement (Structured Asset Securities Corp Thorn Mort Sec Tr 2003-3), Servicing Agreement (Greenwich Capital Acceptance Thornburg Sec Tr 2003-4)

Ability to Perform. The Special Servicer 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;

Appears in 29 contracts

Samples: Servicing Agreement (Lehman Mortgage Trust 2005-1), Servicing Agreement (Lehman Mortgage Trust 2007-5), Servicing Agreement (Lehman Mortgage Trust 2007-3)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this AgreementAgreement and the Servicer is solvent;

Appears in 15 contracts

Samples: Servicing Agreement (HASCO Trust 2007-He2), Servicing Agreement (HSI Asset Securitization CORP Trust 2006-He2), Servicing Agreement (HSI Asset Securitization CORP Trust 2007-Nc1)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Servicing Agreement;.

Appears in 6 contracts

Samples: Flow Servicing Agreement (Pennymac Financial Services, Inc.), Flow Servicing Agreement (Pennymac Financial Services, Inc.), Flow Servicing Agreement (Pennymac Financial Services, Inc.)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant one of its covenants contained in this Agreement;Agreement as supplemented by the related Subservicing Supplement.

Appears in 4 contracts

Samples: Master Subservicing Agreement (Ocwen Financial Corp), Master Subservicing Agreement (Home Loan Servicing Solutions, Ltd.), Master Subservicing Agreement (Ocwen Financial Corp)

Ability to Perform. The Servicer 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;

Appears in 3 contracts

Samples: Loan Servicing Agreement (Franklin Credit Management Corp), Loan Servicing Agreement (Franklin Credit Holding Corp/De/), Loan Servicing Agreement (Franklin Credit Holding Corp/De/)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant one of its covenants contained in this Agreement;Agreement as supplemented by the related Servicing Supplement.

Appears in 2 contracts

Samples: Master Subservicing Agreement, Master Subservicing Agreement (Home Loan Servicing Solutions, Ltd.)

Ability to Perform. The Servicer does not believe, nor does it have any cause or reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Abs Trust 2002-Mh3), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

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Ability to Perform. The [The/Each] Servicer 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;

Appears in 2 contracts

Samples: Transfer and Servicing Agreement (TBALT Corp.), Pooling and Servicing Agreement (TBALT Corp.)

Ability to Perform. The Special Servicer does not believe, nor does it have any cause or reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Credit Suisse First Boston Abs Trust 2002-Mh3), Pooling and Servicing Agreement (Credit Suisse First Boston Mortgage Securities Corp)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant and undertaking contained in this Agreement;.

Appears in 1 contract

Samples: Servicing Agreement (Homegold Financial Inc)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it it, together with the Subservicer, cannot perform each and every covenant contained in this Agreement;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP Trust 2006-2)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained made by it in this Agreement;; and

Appears in 1 contract

Samples: Sale and Servicing Agreement (Structured Asset Securities Corporation)

Ability to Perform. The Servicer does xxxx not believebelixxx, nor xxr does it have any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement;.

Appears in 1 contract

Samples: Flow Servicing Agreement (Luminent Mortgage Trust 2006-7)

Ability to Perform. The Servicer does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant the covenants contained in this Agreement;Agreement in all material respects.

Appears in 1 contract

Samples: Mortgage Loan Purchase and Servicing Agreement (New Century Financial Corp)

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