Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunder.
Appears in 17 contracts
Samples: Purchase and Sale Agreement (Golub Capital BDC 4, Inc.), Purchase and Sale Agreement (Morgan Stanley Direct Lending Fund), Purchase and Sale Agreement (Ares Capital Corp)
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically and respectively imposed upon and undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunderherein.
Appears in 15 contracts
Samples: Master Spread Acquisition and MSR Servicing Agreement, Master Spread Acquisition and MSR Servicing Agreement, Master Spread Acquisition and MSR Servicing Agreement
Liability of the Seller. The Seller shall be liable for all obligations, covenants, representations and warranties of the Seller arising under or related to this Agreement. Except as provided in accordance herewith the preceding sentence, the Seller shall be liable only to the extent of the obligations in this Agreement specifically undertaken by the it in its capacity as Seller and with respect to its representations and warranties expressly set forth hereunder.
Appears in 13 contracts
Samples: Pooling and Servicing Agreement (Daimlerchrysler Wholesale Receivables LLC), Pooling and Servicing Agreement (Carco Auto Loan Master Trust), Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunderwarranties.
Appears in 5 contracts
Samples: Purchase Agreement (Prudential Securities Secured Financing Corp), Purchase Agreement (Prudential Securities Secured Financing Corp), Purchase Agreement (Prudential Securities Secured Financing Corp)
Liability of the Seller. The Seller shall be liable in ----------------------- accordance herewith only to the extent of the obligations in this Agreement specifically undertaken and the representations made by the Seller and with respect to its representations and warranties expressly set forth hereunderunder this Agreement.
Appears in 5 contracts
Samples: Sale and Servicing Agreement (Chevy Chase Bank FSB), Sale and Servicing Agreement (Chevy Chase Bank FSB), Purchase Agreement (Chevy Chase Bank FSB)
Liability of the Seller. The Seller shall be liable in accordance herewith hereunder only to the extent of the obligations in this Agreement specifically undertaken by it in its capacity as the Seller and with respect to its representations and warranties expressly set forth hereunderSeller.
Appears in 5 contracts
Samples: Purchase and Sale Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (Alliance Data Systems Corp), Pooling and Servicing Agreement (Charming Shoppes Receivables Corp)
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the respective obligations in this Agreement specifically imposed upon and undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunderherein.
Appears in 4 contracts
Samples: Trust and Pooling Agreement (Structured Asset Mortgage Investments Inc), Pooling Agreement (Bear Stearns Mortgage Securities Inc), Pooling Agreement (Fund America Investors Corp Ii)
Liability of the Seller. The Seller shall be liable in ----------------------- accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunderSeller.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Peoples Bank), Pooling and Servicing Agreement (Peoples Bank Credit Card Master Trust), Pooling and Servicing Agreement (Peoples Bank Credit Card Master Trust)
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations representations, warranties, covenants and warranties agreements expressly set forth hereunder.
Appears in 3 contracts
Samples: Purchase and Contribution Agreement (Capitala Finance Corp.), First Omnibus Amendment (Pennantpark Investment Corp), Purchase and Sale Agreement (Pennantpark Investment Corp)
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunderSeller.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (BA Credit Card Trust), Pooling and Servicing Agreement (Mbna America Bk Nat Assoc Mbna Master Credit Card Trust Ii), Pooling and Servicing Agreement (BA Credit Card Trust)
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunder. Notwithstanding anything herein to the contrary, each party hereto acknowledges that the Seller does not, pursuant to this Agreement, guarantee the payment obligations of the Purchaser.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (FS Investment Corp III), Purchase and Sale Agreement (FS Energy & Power Fund), Purchase and Sale Agreement (FS Investment Corp II)
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller (including its indemnification obligations) and with respect to its representations and warranties expressly set forth hereunderin this Agreement and in any Assigned Agreement.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (ACV Auctions Inc.), Purchase and Sale Agreement (RumbleOn, Inc.)
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations representations, warranties, covenants and warranties expressly set forth other agreements hereunder.
Appears in 2 contracts
Samples: Purchase Agreement (Silverleaf Resorts Inc), Purchase Agreement (Equivest Finance Inc)
Liability of the Seller. The Seller shall be liable for all obligations, covenants, representations and warranties of the Seller arising under or related to this Agreement. Except as provided in accordance herewith the preceding sentence, the Seller shall be liable only to the extent of the obligations in this Agreement specifically required to be undertaken by the it in its capacity as Seller and with respect to its representations and warranties expressly set forth hereunder.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Golden Credit Card Trust), Pooling and Servicing Agreement
Liability of the Seller. The Seller shall be liable for all obligations, covenants, representations and warranties of the Seller arising under or related to this Agreement. Except as provided in accordance herewith the preceding sentence, the Seller shall be liable only to the extent of the obligations in this Agreement specifically required to be undertaken by the it in its capacity as Seller and with respect to its representations and warranties expressly set forth or, if applicable, as Servicer hereunder.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement, Pooling and Servicing Agreement
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunderit.
Appears in 2 contracts
Samples: Base Indenture (A I Receivables Transfer Corp), Sale and Servicing Agreement (A I Receivables Transfer Corp)
Liability of the Seller. The Seller shall be liable ----------------------- in accordance herewith all respects for the obligations, covenants, representations and warranties of the Seller arising under or related to this Agreement or any Supplement. The Seller shall be liable only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to it in its representations and warranties expressly set forth hereundercapacity as Seller.
Appears in 1 contract
Liability of the Seller. The Seller shall be liable for ----------------------- all obligations, covenants, representations and warranties of the Seller arising under or related to this Agreement. Except as provided in accordance herewith the preceding sentence, the Seller shall be liable only to the extent of the obligations in this Agreement specifically undertaken by the it in its capacity as Seller and with respect to its representations and warranties expressly set forth hereunder.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Deutsche Floorplan Receivables L P)
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunder. Notwithstanding anything herein to the contrary, each party hereto acknowledges that the Seller does not, pursuant to this Agreement, guarantee the payment obligations of the Company.
Appears in 1 contract
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken and the representations made by the Seller and with respect to its representations and warranties expressly set forth hereunderunder this Agreement.
Appears in 1 contract
Liability of the Seller. The Seller shall be liable for all obligations, covenants, representations and warranties of the Seller arising under or related to this Agreement or any Supplement. Except as provided in accordance herewith the preceding sentence, the Seller shall be liable only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to it in its representations and warranties expressly set forth hereundercapacity as Seller.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Household Affinity Funding Corp)
Liability of the Seller. The Seller shall be liable in ----------------------- accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunder.
Appears in 1 contract
Liability of the Seller. The Seller shall be liable in accordance herewith only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to its representations and warranties expressly set forth hereunderin this Agreement and in any Assignment Agreement.
Appears in 1 contract
Samples: Purchase and Contribution Agreement (NewStar Financial, Inc.)
Liability of the Seller. The Seller shall be liable for ----------------------- each obligation, covenant, representation and warranty of the Seller, arising under or related to this Agreement or any Supplement. Except as provided in accordance herewith the preceding sentence, the Seller shall be liable only to the extent of the obligations in this Agreement specifically undertaken by the Seller and with respect to in its representations and warranties expressly set forth capacity as Seller hereunder.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (First Chicago Master Trust Ii)
