AUTHORIZATION AND ENFORCEABILITY OF GUARANTY. Each non-individual Guarantor has the power and authority, and each individual Guarantor has the legal capacity to execute, deliver and perform the Guaranty. The Guaranty constitutes the legal, valid, and binding obligation of each Guarantor, enforceable in accordance with its terms, except as limited by bankruptcy, insolvency or other such laws affecting the enforcement of creditors' rights.
Appears in 5 contracts
Samples: Warehousing Credit and Security Agreement (MortgageIT Holdings, Inc.), Warehousing Credit, Term Loan and Security Agreement (American Home Mortgage Investment Corp), Warehousing Credit and Security Agreement (American Business Financial Services Inc /De/)
AUTHORIZATION AND ENFORCEABILITY OF GUARANTY. Each non-individual Guarantor has the power and authority, and each individual Guarantor has the legal capacity to execute, deliver and perform the Guaranty. The Guaranty constitutes the legal, valid, and binding obligation of each Guarantor, enforceable in accordance with its terms, except as that enforceability may be limited by bankruptcy, insolvency or other such laws affecting the enforcement of creditors' rightsrights and general principles of equity.
Appears in 2 contracts
Samples: Warehousing Credit and Security Agreement (MortgageIT Holdings, Inc.), Warehousing Credit and Security Agreement (MortgageIT Holdings, Inc.)
AUTHORIZATION AND ENFORCEABILITY OF GUARANTY. Each non-individual The Guarantor has the power and authority, and each individual Guarantor has the legal capacity authority to execute, deliver and perform the Guaranty. The Guaranty constitutes the legal, valid, and binding obligation of each Guarantor, enforceable in accordance with its terms, except as limited by bankruptcy, insolvency or other such laws affecting the enforcement of creditors' rights.
Appears in 1 contract
Samples: Structured Facility Warehousing Credit and Security Agreement (Arbor Realty Trust Inc)
AUTHORIZATION AND ENFORCEABILITY OF GUARANTY. Each non-individual The Guarantor has the power and authority, and each individual Guarantor has the legal capacity authority to execute, deliver and perform the Guaranty. The Guaranty constitutes the legal, valid, and binding obligation of each the Guarantor, enforceable in accordance with its terms, except as limited by bankruptcy, insolvency or other such laws affecting the enforcement of creditors' rights.
Appears in 1 contract
Samples: Warehousing Credit and Security Agreement (American Home Mortgage Holdings Inc)
