Common use of Form of Documents Delivered Clause in Contracts

Form of Documents Delivered. In any case where several matters are required to be certified by or covered by an opinion of any specified Person, it is not necessary that all such matters be certified by or covered by the opinion of only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of an Authorized Officer of the Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of or representations by counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate or opinion or representations with respect to the matters upon which such officer’s certificate or opinion is based are erroneous. Any such certificate of an Authorized Officer or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of or representations by an officer or officers of the Depositor, the Issuer, the Servicer or the Master Servicer, stating that the information with respect to such factual matters is in the possession of the Depositor, the Issuer, the Servicer or the Master Servicer, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion or representations with respect to such matters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated into one instrument. In connection with any application or certificate or report, if the Issuer is required to deliver any document as a condition of the granting of such application or as evidence of the Issuer’s compliance with any term hereof, it is intended that the truth and accuracy, at the time of the granting of such application or at the effective date of such certificate or report (as the case may be), of the facts and opinions stated in such document shall in such case be conditions precedent to the right of the Issuer to have such application granted or to the sufficiency of such certificate or report. The foregoing shall not, however, be construed to affect the right of the Indenture Trustee, the Securities Administrator, the Paying Agent or the Note Registrar to rely upon the truth and accuracy of any statement or opinion contained in any such document as provided in Article VI.

Form of Documents Delivered. to the Indenture Trustee. In any case where several matters are required to be certified by by, or covered by an opinion of of, any specified Person, it is not necessary that all such matters be certified by by, or covered by the opinion of of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of an Authorized Officer of the Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of of, or representations by by, counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate or opinion or representations with respect to the matters upon which such officer’s his or her certificate or opinion is based are erroneous. Any such certificate of an Authorized Officer or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of of, or representations by by, an officer or officers of the DepositorServicer, the IssuerSeller, the Servicer Administrator or the Master ServicerIssuer, stating that the information with respect to such factual matters is in the possession of the DepositorServicer, the IssuerSeller, the Servicer Administrator or the Master ServicerIssuer, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion or representations with respect to such matters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated into and form one instrument. In Whenever in this Indenture, in connection with any application or certificate or reportreport to the Indenture Trustee, if it is provided that the Issuer is required to shall deliver any document as a condition of the granting of such application application, or as evidence of the Issuer’s 's compliance with any term hereof, it is intended that the truth and accuracy, at the time of the granting of such application or at the effective date of such certificate or report (as the case may be), of the facts and opinions stated in such document shall in such case be conditions precedent to the right of the Issuer to have such application granted or to the sufficiency of such certificate or report. The foregoing shall not, however, be construed to affect the right of the Indenture Trustee, the Securities Administrator, the Paying Agent or the Note Registrar 's right to rely upon the truth and accuracy of any statement or opinion contained in any such document as provided in Article VI.

Form of Documents Delivered. In any case where several matters are required to be certified by or covered by an opinion of any specified Person, it is not necessary that all such matters be certified by or covered by the opinion of only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of an Authorized Officer of the Issuer may be based, insofar as it relates to legal matters, upon a certificate or opinion of or representations by counsel, unless such officer knows, or in the exercise of reasonable care should know, that the certificate or opinion or representations with respect to the matters upon which such officer’s certificate or opinion is based are erroneous. Any such certificate of an Authorized Officer or Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of or representations by an officer or officers of the Depositor, the Issuer, the Servicer Subservicer or the Master Servicer, stating that the information with respect to such factual matters is in the possession of the Depositor, the Issuer, the Servicer Subservicer or the Master Servicer, unless such counsel knows, or in the exercise of reasonable care should know, that the certificate or opinion or representations with respect to such matters are erroneous. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this Indenture, they may, but need not, be consolidated into one instrument. In connection with any application or certificate or report, if the Issuer is required to deliver any document as a condition of the granting of such application or as evidence of the Issuer’s compliance with any term hereof, it is intended that the truth and accuracy, at the time of the granting of such application or at the effective date of such certificate or report (as the case may be), of the facts and opinions stated in such document shall in such case be conditions precedent to the right of the Issuer to have such application granted or to the sufficiency of such certificate or report. The foregoing shall not, however, be construed to affect the right of the Indenture Trustee, the Securities Administrator, the Paying Agent or the Note Registrar to rely upon the truth and accuracy of any statement or opinion contained in any such document as provided in Article VI.

Form of Documents Delivered. Diamond - Collateral and Servicing Agreement #39303843 In any case where several matters are required to be certified by by, or covered by an opinion of of, any specified Person, it is not necessary that all such matters be certified by by, or covered by the opinion of of, only one such Person, or that they be so certified or covered by only one document, but one such Person may certify or give an opinion with respect to some matters and one or more other such Persons as to other matters, and any such Person may certify or give an opinion as to such matters in one or several documents. Any certificate or opinion of an Authorized Officer officer of the Issuer Borrower to be delivered may be based, insofar as it relates to legal matters, upon a certificate or opinion an Opinion of or representations by counselCounsel, unless such officer knows, or in the exercise of reasonable care should know, knows that the certificate or opinion or representations Opinion of Counsel with respect to the matters upon which his certificate or opinion is based is erroneous. Any such officer’s certificate or opinion is based are erroneous. Any such certificate of an Authorized Officer or and any Opinion of Counsel may be based, insofar as it relates to factual matters, upon a certificate or opinion of of, or representations by by, an officer or officers of the Depositor, the Issuer, the Servicer or the Master Servicer, stating that the information with respect Borrower as to such factual matters is in the possession of the Depositor, the Issuer, the Servicer or the Master Servicer, unless such officer or counsel knows, or in the exercise of reasonable care should know, knows that the certificate or opinion or representations with respect to such matters are is erroneous. Any Opinion of Counsel may be based on the written opinion of other counsel, in which event such Opinion of Counsel shall be accompanied by a copy of such other counsel’s opinion and shall include a statement to the effect that such counsel believes that such counsel and the Collateral Agent may reasonably rely upon the opinion of such other counsel. Where any Person is required to make, give or execute two or more applications, requests, consents, certificates, statements, opinions or other instruments under this IndentureAgreement, they may, but need not, be consolidated into and form one instrument. In Wherever in this Agreement, in connection with any application or certificate or reportreport to be delivered, if it is provided that the Issuer is required to Borrower shall deliver any document as a condition of the granting of such application application, or as evidence of the Issuer’s compliance with any term hereof, it is intended that the truth and accuracy, at the time of the granting of such application or at the effective date of such certificate or report (as the case may be), of the facts and opinions stated in such document shall in such case be conditions precedent to the right of the Issuer Borrower to have such application granted or to the sufficiency of such certificate or report. The foregoing shall not, however, be construed to affect the right of the Indenture Trustee, the Securities Administrator, Collateral Agent’s or the Paying Agent or the Note Registrar Agent’s right to rely upon the truth and accuracy of any statement or opinion contained in any such document as provided in Article VISection 7.1(b) hereof. Whenever in this Agreement or any other Transaction Document it is provided that the absence of the occurrence and continuation of any event, including a Default, Event of Default, Servicer Event of Default or Amortization Event or information is a condition precedent to the taking of any action by the Collateral Agent, the Paying Agent, the Custodian or the Back-Up Servicer at the request or direction of the Borrower, then, notwithstanding that the satisfaction of such condition is a condition precedent to the Borrower’s right to make such request or direction, the Collateral Agent, the Paying Agent, , the Custodian, or the Back-Up Servicer, as applicable, shall be protected in acting in accordance with such request or direction if it has not received written notice of the occurrence and continuation of such event. For all purposes of this Agreement or any other Transaction Document, none of the Collateral Agent, the Paying Agent, the Custodian, or the Back-Up Servicer shall be deemed to have knowledge of any event or information, including any Default, Event of Default, Servicer Event of Default or Amortization Event, or be required to act Diamond - Collateral and Servicing Agreement #39303843 upon any such event or information (including the sending of notice) nor shall the Collateral Agent, the Paying Agent, the Custodian or the Back-Up Servicer have any duty to monitor or investigate to determine whether a Default, Event of Default, Servicer Event of Default, Amortization Event or other event has occurred unless a Responsible Officer of the Collateral Agent, the Paying Agent, the Custodian, or the Back- Up Servicer, as applicable, shall have been notified in writing thereof by the Borrower, the Servicer or any Secured Party.