Conditions of Depositor's Obligations. The obligations of the Depositor to purchase the Mortgage Loans will be subject to the satisfaction on the Closing Date of the following conditions. Upon payment of the purchase price for the Mortgage Loans, such conditions shall be deemed satisfied or waived. (a) Each of the obligations of the Unaffiliated Seller required to be performed by it on or prior to the Closing Date pursuant to the terms of this Agreement shall have been duly performed and complied with and all of the representations and warranties of the Unaffiliated Seller and the Originators under this Agreement shall be true and correct as of the Closing Date and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement, and the Depositor shall have received a certificate to the effect of the foregoing signed by an authorized officer of the Unaffiliated Seller and the Originators. (b) The Depositor shall have received a letter dated the date of this Agreement, in form and substance acceptable to the Depositor and its counsel, prepared by Deloitte & Touche LLP, independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement including, but not limited to the information under the captions "Prepayment and Yield Considerations" and "The Mortgage Loan Pools" regarding any numerical information in any marketing materials relating to the Notes and regarding any other information as reasonably requested by the Depositor.
Appears in 5 contracts
Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp), Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp), Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp)
Conditions of Depositor's Obligations. The obligations of the Depositor to purchase the Mortgage Loans will be subject to the satisfaction on the Closing Date of the following conditions. Upon payment of the purchase price for the Mortgage Loans, such conditions shall be deemed satisfied or waived.
(a) Each of the obligations of the Unaffiliated Seller required to be performed by it on or prior to the Closing Date pursuant to the terms of this Agreement shall have been duly performed and complied with and all of the representations and warranties of the Unaffiliated Seller and the Originators under this Agreement shall be true and correct as of the Closing Date and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement, and the Depositor shall have received a certificate to the effect of the foregoing signed by an authorized officer of the Unaffiliated Seller and the Originators.
(b) The Depositor shall have received a letter dated the date of this Agreement, in form and substance acceptable to the Depositor and its counsel, prepared by Deloitte & Touche LLP, independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement including, but not limited to the information under the captions "Prepayment and Yield Considerations" and "The Mortgage Loan PoolsPool" regarding any numerical information in any marketing materials relating to the Notes and regarding any other information as reasonably requested by the Depositor.
Appears in 4 contracts
Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp), Unaffiliated Seller's Agreement (American Business Financial Services Inc /De/), Unaffiliated Seller's Agreement (Bear Stearns Asset Backed Securities Inc)
Conditions of Depositor's Obligations. The obligations of the Depositor to purchase the Mortgage Loans will be subject to the satisfaction on the Closing Date of the following conditions. Upon payment of the purchase price for the Mortgage Loans, such conditions shall be deemed satisfied or waived.
(a) Each of the obligations of the Unaffiliated Seller required to be performed by it on or prior to the Closing Date pursuant to the terms of this Agreement shall have been duly performed and complied with and all of the representations and warranties of the Unaffiliated Seller and the Originators under this Agreement shall be true and correct as of the Closing Date and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement, and the Depositor shall have received a certificate to the effect of the foregoing signed by an authorized officer of the Unaffiliated Seller and the OriginatorsSeller.
(b) The Depositor shall have received a letter dated the date of this Agreement, in form and substance acceptable to the Depositor and its counsel, prepared by Deloitte & Touche LLP, independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement including, but not limited to the information under the captions "Prepayment and Yield Considerations" and "The Mortgage Loan Pools" regarding any numerical information in any marketing materials relating to the Notes and regarding any other information as reasonably requested by the DepositorPool."
Appears in 3 contracts
Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp), Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp), Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp)
Conditions of Depositor's Obligations. The obligations of the Depositor to purchase the Mortgage Loans will be subject to the satisfaction on the Closing Date of the following conditions. Upon payment of the purchase price for the Mortgage Loans, such conditions shall be deemed satisfied or waived.
(a) Each of the obligations of the Unaffiliated Seller required to be performed by it on or prior to the Closing Date pursuant to the terms of this Agreement shall have been duly performed and complied with and all of the representations and warranties of the Unaffiliated Seller and the Originators under this Agreement shall be true and correct as of the Closing Date and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement, and the Depositor shall have received a certificate to the effect of the foregoing signed by an authorized officer of the Unaffiliated Seller and the Originators.
(b) The Depositor shall have received a letter dated the date of this Agreement, in form and substance acceptable to the Depositor and its counsel, prepared by Deloitte & Touche LLP, independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement including, but not limited to the information under the captions "Prepayment and Yield Considerations" and "The Mortgage Loan PoolsPool" regarding any numerical information in any marketing materials relating to the Notes Certificates and regarding any other information as reasonably requested by the Depositor.
Appears in 2 contracts
Samples: Unaffiliated Seller's Agreement (American Business Financial Services Inc /De/), Unaffiliated Seller's Agreement (Morgan Stanley Abs Capital I Inc)
Conditions of Depositor's Obligations. The obligations of the Depositor to purchase the Mortgage Loans will be subject to the satisfaction on the Closing Date of the following conditions. Upon payment of the purchase price for the Mortgage Loans, such conditions shall be deemed satisfied or waived.
(a) Each of the The obligations of the Unaffiliated Seller required to be performed by it on or prior to the Closing Date pursuant to the terms of this Agreement shall have been duly performed and complied with in all material respects and all of the representations and warranties of the Unaffiliated Seller and the Originators under this Agreement shall be true and correct in all material respects as of the Closing Date and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement, and the Depositor shall have received a certificate to the effect of the foregoing signed by an authorized officer of the Unaffiliated Seller and the OriginatorsSeller.
(b) The Depositor shall have received a letter dated the date of this Agreement, in form and substance reasonably acceptable to the Depositor and its counsel, prepared by Deloitte Xxxxxx Xxxxxxxx & Touche LLPCo., independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement including, but not limited to the information under the captions "Prepayment and Yield Considerations" and "Description of the Mortgage Loans."
(c) The Mortgage Loan Pools" regarding any numerical information in any marketing materials relating Loans will be reasonably acceptable to the Notes and regarding any other information as reasonably requested by the Depositor, in its sole discretion.
Appears in 2 contracts
Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp), Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp)
Conditions of Depositor's Obligations. The obligations of the Depositor to purchase the Mortgage Loans will be subject to the satisfaction on the Closing Date of the following conditions. Upon payment of the purchase price for the Mortgage Loans, such conditions shall be deemed satisfied or waived.
(a) Each of the obligations of the Unaffiliated Seller and of the Originators required to be performed by it or them on or prior to the Closing Date pursuant to the terms of this Agreement, each Assignment and Recognition Agreement or the Pooling and Servicing Agreement shall have been duly performed and complied with and all of with, the representations and warranties of the Unaffiliated Seller under this Agreement and of the Originators under this the related Assignment and Recognition Agreement shall be true and correct as of the Closing Date and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement, and the Depositor shall have received a certificate to the effect of the foregoing signed by an authorized officer of the Unaffiliated Seller and the Originators.
(b) The Depositor shall have received a letter dated the date of this Agreement, in form and substance acceptable to the Depositor and its counsel, prepared by Deloitte & Touche LLP, independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement including, but not limited to the information under the captions "Prepayment and Yield Considerations" and "The Mortgage Loan PoolsPool" regarding any numerical information in any marketing materials relating to the Notes Certificates and regarding any other information as reasonably requested by the Depositor.
Appears in 2 contracts
Samples: Unaffiliated Seller's Agreement (Morgan Stanley Abs Capital I Inc), Unaffiliated Seller's Agreement (Morgan Stanley Abs Capital I Inc)
Conditions of Depositor's Obligations. The obligations of the Depositor to purchase the Mortgage Loans will be subject to the satisfaction on the Closing Date of the following conditions. Upon payment of the purchase price for the Mortgage Loans, such conditions shall be deemed satisfied or waived.
(a) Each of the obligations of the Unaffiliated Seller required to be performed by it on or prior to the Closing Date pursuant to the terms of this Agreement shall have been duly performed and complied with and all of the representations and warranties of the Unaffiliated Seller and the Originators under this Agreement shall be true and correct as of the Closing Date and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement, and the Depositor shall have received a certificate to the effect of the foregoing signed by an authorized officer of the Unaffiliated Seller and the OriginatorsSeller.
(b) The Depositor shall have received a letter dated the date of this Agreement, in form and substance acceptable to the Depositor and its counsel, prepared by Deloitte & Touche LLP, independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement including, but not limited to the information under the captions "Prepayment and Yield Considerations" and "The Mortgage Loan Pools" regarding any numerical information in any marketing materials relating to the Notes and regarding any other information as reasonably requested by the DepositorPool."
Appears in 2 contracts
Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp), Unaffiliated Seller's Agreement (American Business Financial Services Inc /De/)
Conditions of Depositor's Obligations. The obligations of the Depositor to purchase the Mortgage Loans will be subject to the satisfaction on the Closing Date of the following conditions. Upon payment of the purchase price for the Mortgage Loans, such conditions shall be deemed satisfied or waived.
(a) Each of the The obligations of the Unaffiliated Seller required to be performed by it on or prior to the Closing Date pursuant to the terms of this Agreement shall have been duly performed and complied with in all material respects and all of the representations and warranties of the Unaffiliated Seller and the Originators under this Agreement shall be true and correct in all material respects as of the Closing Date and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement, and the Depositor shall have received a certificate to the effect of the foregoing signed by an authorized officer of the Unaffiliated Seller and the OriginatorsSeller.
(b) The Depositor shall have received a letter dated the date of this Agreement, in form and substance reasonably acceptable to the Depositor and its counsel, prepared by Deloitte Xxxxxx Xxxxxxxx & Touche LLPCo., independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement including, but not limited to the information under the captions "Prepayment and Yield Considerations" and "The Mortgage Loan Pools" regarding any numerical information in any marketing materials relating to the Notes and regarding any other information as reasonably requested by the Depositor.captions
Appears in 1 contract
Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp)
Conditions of Depositor's Obligations. The obligations of the Depositor to purchase the Mortgage Loans will be subject to the satisfaction satisfaction, on the Closing Date Date, of the following conditions. Upon payment of the purchase price for the Mortgage Loans, Loans such conditions shall be deemed satisfied or waived.
(a) Each of the obligations of the Unaffiliated Seller required to be performed by it on or prior to the Closing Date pursuant to the terms of this Agreement shall have been duly performed and complied with and all of the representations and warranties of the Unaffiliated Seller and the Originators under this Agreement shall be true and correct in all material respects as of the Closing Date and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement, and the Depositor shall have received a certificate to the effect of the foregoing signed by an authorized officer of the Unaffiliated Seller and the OriginatorsSeller.
(b) The Depositor shall have received (i) a letter dated the date of this Agreement, in form and substance acceptable to the Depositor and its counsel, prepared by Ernst & Young, independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement under the caption "Home Loan and Investment Bank, F.S.B." and (ii) a letter dated the date of this Agreement, in form and substance acceptable to the Depositor and its counsel, prepared by Deloitte & Touche LLPTouche, independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement including, but not limited to the information under the captions "Prepayment and Yield Considerations" and "The Mortgage Loan Pools" regarding any numerical information in any marketing materials relating to the Notes and regarding any other information as reasonably requested by the DepositorPool."
Appears in 1 contract
Samples: Unaffiliated Seller's Agreement (Residential Asset Funding Corp)
Conditions of Depositor's Obligations. The obligations of the Depositor to purchase the Mortgage Loans will be subject to the satisfaction on the Closing Date of the following conditions. Upon payment of the purchase price for the Mortgage Loans, such conditions shall be deemed satisfied or waived.
(a) Each of the obligations of the Unaffiliated Seller required to be performed by it on or prior to the Closing Date pursuant to the terms of this Agreement and the Pooling and Servicing Agreement shall have been duly performed and complied with in all material respects and all of the representations and warranties of the Unaffiliated Seller under this Agreement and the Originators under this Pooling and Servicing Agreement shall be true and correct in all material respects as of the Closing Date and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement or the Pooling and Servicing Agreement, and the Depositor shall have received a certificate to the effect of the foregoing signed by an authorized officer of the Unaffiliated Seller and the OriginatorsSeller.
(b) The Depositor shall have received a letter dated the date of this Agreement, in form and substance reasonably acceptable to the Depositor and its counsel, prepared by Deloitte & Touche LLP[__________________], independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement including, but not limited to the information under the captions "Certain Yield and Prepayment and Yield Considerations" and "The Mortgage Loan Pools" regarding any numerical information in any marketing materials relating ."
(c) The Mortgage Loans will be reasonably acceptable to the Notes and regarding any other information as reasonably requested by the Depositor, in its sole discretion.
Appears in 1 contract
Samples: Sale and Purchase Agreement (Credit Suisse First Boston Mortgage Securities Corp)
Conditions of Depositor's Obligations. The obligations of the Depositor to purchase the Mortgage Loans will be subject to the satisfaction on the Closing Date of the following conditions. Upon payment of the purchase price for the Mortgage Loans, such conditions shall be deemed satisfied or waived.
(a) Each of the obligations of the Unaffiliated Seller required to be performed by it on or prior to the Closing Date pursuant to the terms of this Agreement shall have been duly performed and complied with and all of the representations and warranties of the Unaffiliated Seller and the Originators under this Agreement shall be true and correct as of the Closing Date and no event shall have occurred which, with notice or the passage of time, would constitute a default under this Agreement, and the Depositor shall have received a certificate to the effect of the foregoing signed by an authorized officer of the Unaffiliated Seller and the OriginatorsSeller.
(b) The Depositor shall have received a letter dated the date of this Agreement, in form and substance acceptable to the Depositor and its counsel, prepared by Deloitte & Touche LLP, independent certified public accountants, regarding the numerical information contained in the Prospectus Supplement including, but not limited to the information under the captions "Prepayment and Yield Considerations" and "The Mortgage Loan Pools" regarding any numerical information in any marketing materials relating to the Notes and regarding any other information as reasonably requested by the Depositor."
Appears in 1 contract
Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp)