Common use of Ability to Perform Clause in Contracts

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Documents applicable to it to which it is a party.

Appears in 19 contracts

Samples: Master Repurchase and Securities Contract Agreement (Starwood Credit Real Estate Income Trust), Custodial Agreement (Claros Mortgage Trust, Inc.), Custodial Agreement (Claros Mortgage Trust, Inc.)

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Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 19 contracts

Samples: Master Repurchase Agreement and Securities Contract (loanDepot, Inc.), Master Repurchase Agreement (Horton D R Inc /De/), Master Repurchase Agreement (Home Point Capital Inc.)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.

Appears in 11 contracts

Samples: Repurchase Agreement (Gramercy Capital Corp), Master Repurchase Agreement (Gramercy Capital Corp), Master Repurchase Agreement (New Century Financial Corp)

Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.party on its part to be performed

Appears in 7 contracts

Samples: Master Repurchase Agreement (Homebanc Corp), Master Repurchase Agreement (WMC Finance Co), Master Repurchase Agreement (Affordable Residential Communities Inc)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant applicable to it and contained in the Transaction Documents applicable to it to which it is a party.

Appears in 6 contracts

Samples: Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.), Master Repurchase Agreement (Cim Real Estate Finance Trust, Inc.), Master Repurchase Agreement (Seven Hills Realty Trust)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Program Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 6 contracts

Samples: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (AmeriHome, Inc.), Master Repurchase Agreement (Caliber Home Loans, Inc.)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant applicable to it contained in the Transaction Documents applicable to it to which it is a party.

Appears in 5 contracts

Samples: Master Repurchase Agreement (Claros Mortgage Trust, Inc.), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Master Repurchase Agreement (Claros Mortgage Trust, Inc.)

Ability to Perform. Seller does not believe, nor does it believe or have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Program Documents applicable to it to which it is a party.party on its part to be performed. (l)

Appears in 4 contracts

Samples: Master Repurchase Agreement (Finance of America Companies Inc.), Master Repurchase Agreement (Finance of America Companies Inc.), Master Repurchase Agreement (Finance of America Companies Inc.)

Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 4 contracts

Samples: Master Repurchase Agreement (Taberna Realty Finance Trust), Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement (Fieldstone Investment Corp)

Ability to Perform. Seller does not believe, nor does it Seller have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 3 contracts

Samples: Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.), Master Repurchase Agreement (FS Credit Real Estate Income Trust, Inc.)

Ability to Perform. Seller does not believe, nor does it believe or have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Program Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 3 contracts

Samples: Master Repurchase Agreement (Finance of America Companies Inc.), Master Repurchase Agreement (Finance of America Companies Inc.), Master Repurchase Agreement (Finance of America Companies Inc.)

Ability to Perform. Each Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 3 contracts

Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.)

Ability to Perform. No Seller does not believebelieves, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 3 contracts

Samples: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.;

Appears in 3 contracts

Samples: Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (ECC Capital CORP)

Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Program Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 3 contracts

Samples: Mortgage Loan Participation Sale Agreement (Home Point Capital Inc.), Participation Sale Agreement (Home Point Capital Inc.), Participation Sale Agreement (Home Point Capital Inc.)

Ability to Perform. Neither Seller does not believebelieves, nor does it have has any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.party on its part to be performed

Appears in 2 contracts

Samples: Master Repurchase Agreement (Homebanc Corp), Repurchase Agreement (Criimi Mae Inc)

Ability to Perform. No Seller does not believebelieves, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Program Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (American Home Mortgage Investment Corp)

Ability to Perform. Seller does not believe, nor does it Seller have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Program Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 2 contracts

Samples: Master Repurchase Agreement (RMR Mortgage Trust), Master Repurchase Agreement (Granite Point Mortgage Trust Inc.)

Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.

Appears in 2 contracts

Samples: Master Repurchase Agreement (New Century Financial Corp), Master Repurchase Agreement (Quadra Realty Trust, Inc.)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant applicable to it contained in the Transaction Documents applicable to it to which it is a party.

Appears in 1 contract

Samples: Master Repurchase Agreement (Realty Finance Trust, Inc.)

Ability to Perform. Seller does not believe, nor does it have any reason or to cause it to believe, that it cannot perform each and every covenant to be performed by Seller contained in the Transaction Repurchase Documents applicable to it to which it is a party.

Appears in 1 contract

Samples: Master Repurchase Agreement (Ryland Group Inc)

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Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a party.party on its part to be performed

Appears in 1 contract

Samples: Master Repurchase Agreement (Anthracite Capital Inc)

Ability to Perform. Seller does not believe, nor does it have any ------------------ reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.

Appears in 1 contract

Samples: Master Repurchase Agreement (New Century Financial Corp)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.party on its part to be performed;

Appears in 1 contract

Samples: Master Repurchase Agreement (Starnet Financial Inc)

Ability to Perform. The Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a party.party on its part to be performed

Appears in 1 contract

Samples: Master Repurchase Agreement (First NLC Financial Services Inc)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant of Seller contained in the Transaction Facility Documents applicable to it to which it is a partyhas represented it can perform.

Appears in 1 contract

Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.party on its part to be performed

Appears in 1 contract

Samples: Master Repurchase Agreement (Taberna Realty Finance Trust)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Documents Facility Agreements applicable to it to which it is a party.

Appears in 1 contract

Samples: Master Repurchase Agreement (Winston Hotels Inc)

Ability to Perform. Seller does not believe, nor does it have has any reason or cause to believe, that it cannot perform each and every covenant contained in this Agreement, the Transaction Documents applicable to it Netting Agreement or any Related Hedge Agreement to which it is a partyparty on its part to be performed.

Appears in 1 contract

Samples: Criimi Mae Inc

Ability to Perform. No Seller does not believebelieves, nor does it have any reason or cause to believe, that it any Seller cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a partyparty on its part to be performed.

Appears in 1 contract

Samples: Master Repurchase Agreement (Sutherland Asset Management Corp)

Ability to Perform. No Seller does not believebelieves, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Documents applicable to it to which it is a party.

Appears in 1 contract

Samples: Master Repurchase Agreement (Starwood Property Trust, Inc.)

Ability to Perform. Seller does not believe, nor does it have any reason or cause to believe, that it Seller cannot perform each and every covenant contained in the Transaction Repurchase Documents applicable to it to which it is a party.;

Appears in 1 contract

Samples: Master Repurchase Agreement (Hanover Capital Mortgage Holdings Inc)

Ability to Perform. No Seller does not believebelieves, nor does it have any reason or cause to believe, that it cannot perform each and every covenant contained in the Transaction Facility Documents applicable to it to which it is a party.party on its part to be performed

Appears in 1 contract

Samples: Master Repurchase Agreement (American Home Mortgage Investment Corp)

Ability to Perform. No Seller does not believebelieves, nor does it have any reason or cause to believe, that it cannot perform each and every covenant applicable to it and contained in the Transaction Documents applicable to it to which it is a party.

Appears in 1 contract

Samples: Master Repurchase Agreement (Starwood Credit Real Estate Income Trust)

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