COMPANIES. Each representation and warranty in the Facilities Papers by a Company shall be deemed to be its separate representation and warranty and the joint and several representation and warranty of both Companies. Each covenant and agreement by a Company under the Facilities Papers is the joint and several covenant and agreement of both Companies. Any communication under the Facilities Papers to a Company is deemed to have been concurrently received by the other Company.
Appears in 3 contracts
Samples: Assignment and Assumption, Assignment and Assumption (Homebanc Corp), Credit Agreement (Homebanc Corp)
COMPANIES. Each representation and warranty in the Facilities Papers by a Company shall be deemed to be its separate representation and warranty and the joint and several representation and warranty of both all Companies. Each covenant and agreement by a Company under the Facilities Papers is the joint and several covenant and agreement of both all Companies. Any communication under the Facilities Papers to a Company is deemed to have been concurrently received by each of the other CompanyCompanies.
Appears in 2 contracts
Samples: Sale and Servicing Agreement (American Business Financial Services Inc /De/), Assignment and Assumption Agreement (American Business Financial Services Inc /De/)