Common use of Conditions of Unaffiliated Seller's Obligations Clause in Contracts

Conditions of Unaffiliated Seller's Obligations. The obligations of the Unaffiliated Seller under this Agreement shall be subject to the satisfaction, on the Closing Date, of the following conditions: (a) Each of the obligations of the Depositor required to be performed by it at 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 Depositor contained in this Agreement shall be true and correct as of the Closing Date. (b) The Unaffiliated Seller shall have received the following additional documents: (i) the Pooling and Servicing Agreement, and all documents required thereunder, in each case executed by the Depositor as applicable; (ii) an opinion of the counsel for the Depositor as to securities and tax matters; and (iii) an opinion of the counsel for the Depositor as to true sale matters and confirmation of the rating of the Class B Certificates of at least "BB"and "Ba2"by Fitch IBCA Inc. and Xxxxx'x Investors Service Inc.respectively.. (c) The Depositor shall have furnished the Unaffiliated Seller with such other certificates of its officers or others and such other documents to evidence fulfillment of the conditions set forth in this Agreement as the Unaffiliated Seller may reasonably request, and the Underwriting Agreement shall have been duly performed and complied with.

Appears in 1 contract

Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp)

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Conditions of Unaffiliated Seller's Obligations. The obligations of the Unaffiliated Seller under this Agreement shall be subject to the satisfaction, on the Closing Date, of the following conditions: (a) Each of the obligations of the Depositor required to be performed by it at 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 Depositor contained in this Agreement shall be true and correct as of the Closing Date. (b) The Unaffiliated Seller shall have received the following additional documents: (i) the Pooling and Servicing Agreement, and all documents required thereunder, in each case executed by the Depositor as applicable; (ii) an opinion of the counsel for the Depositor as to securities and tax matters; and (iii) an opinion of the counsel for the Depositor as to true sale matters and confirmation of the rating of the Class B Certificates of at least "BB"and "Ba2"by Fitch IBCA Inc. and Xxxxx'x Investors Service Inc.respectivelyInc. respectively.. (c) The Depositor shall have furnished the Unaffiliated Seller with such other certificates of its officers or others and such other documents to evidence fulfillment of the conditions set forth in this Agreement as the Unaffiliated Seller may reasonably request, and the Underwriting Agreement shall have been duly performed and complied with.

Appears in 1 contract

Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp)

Conditions of Unaffiliated Seller's Obligations. The obligations of the Unaffiliated Seller under this Agreement shall be subject to the satisfaction, on the Closing Date, of the following conditions: (a) Each of the obligations of the Depositor required to be performed by it at 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 Depositor contained in this Agreement shall be true and correct as of the Closing Date. (b) The Unaffiliated Seller shall have received the following additional documents: (i) the Pooling and Servicing Agreement, and all documents required thereunder, in each case executed by the Depositor as applicable;; and (ii) an opinion of the counsel for the Depositor as to securities and tax matters; and (iii) an opinion of the counsel for the Depositor as to true sale matters and confirmation of the rating of the Class B Certificates of at least "BB"and "Ba2"by Fitch IBCA Inc. and Xxxxx'x Investors Service Inc.respectively..matters. (c) The Depositor shall have furnished the Unaffiliated Seller with such other certificates of its officers or others and such other documents to evidence fulfillment of the conditions set forth in this Agreement as the Unaffiliated Seller may reasonably request, and the Underwriting Agreement shall have been duly performed and complied with.

Appears in 1 contract

Samples: Unaffiliated Seller's Agreement (Prudential Securities Secured Financing Corp)

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Conditions of Unaffiliated Seller's Obligations. The ----------------------------------------------- obligations of the Unaffiliated Seller under this Agreement shall be subject to the satisfaction, on the Closing Date, of the following conditions: (a) Each of the obligations of the Depositor required to be performed by it at 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 and all of the representations and warranties of the Depositor contained in this Agreement and the Pooling and Servicing Agreement shall be true and correct as of the Closing DateDate and the Unaffiliated Seller shall have received a certificate to that effect signed by an authorized officer of the Depositor. (b) The Unaffiliated Seller shall have received the following additional documents: (i) the Pooling and Servicing Agreement, and all documents required thereunder, in each case executed by the Depositor as applicable; (ii) an opinion of the counsel for the Depositor as to securities and tax matters; and (iii) an opinion of the counsel for the Depositor as to true sale matters and confirmation of the rating of the Class B Certificates of at least "BB"and "Ba2"by Fitch IBCA Inc. and Xxxxx'x Investors Service Inc.respectively..matters. (c) The Depositor shall have furnished the Unaffiliated Seller with such other certificates of its officers or others and such other documents to evidence fulfillment of the conditions set forth in this Agreement as the Unaffiliated Seller may reasonably request, and the Underwriting Agreement shall have been duly performed and complied with.

Appears in 1 contract

Samples: Unaffiliated Seller's Agreement (Cs First Boston Mortgage Securities Corp /De/)

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