Originator Representations and Warranties. Each Originator severally makes the following representations and warranties solely as to itself on which the Depositor is relying in acquiring the Originator Transferred Property transferred by such Originator. The representations and warranties are made as of the Closing Date and as of each Acquisition Date and will survive the transfer and absolute assignment of the applicable Originator Transferred Property by such Originator to the Depositor under this Agreement and by the Depositor to the Issuer under the Transfer and Servicing Agreement and the pledge of the Originator Transferred Property by the Issuer to the Indenture Trustee under the Indenture:
Originator Representations and Warranties. The Originator represents and warrants to the Purchaser as of the Closing Date:
Originator Representations and Warranties. Each Originator severally makes the following representations and warranties solely as to itself on which the Depositor is relying in acquiring the Originator Transferred Property transferred by such Originator. The representations and warranties are made as of the date of this Agreement and as of each Acquisition Date and will survive the transfer and absolute assignment of the applicable Originator Transferred Property by such Originator to the Depositor under this Agreement and by the Depositor to the Trust under the Transfer and Servicing Agreement and the pledge of the Originator Transferred Property by the Trust to the Master Collateral Agent under the Master Collateral Agreement:
Originator Representations and Warranties. Each Originator represents and warrants to Buyer and its assigns on the date hereof and on each Purchase Date that:
Originator Representations and Warranties. The Originator hereby represents and warrants, individually and in its capacity as Sub-Servicer, to the Buyer and its assigns that:
Originator Representations and Warranties. 6 Section 2.1
Originator Representations and Warranties. (a) Corporate Existence and Power. 7
(b) No Conflict. 7 (c) Governmental Authorization 7 (d) Binding Effect. 8 (e) Accuracy of Information. 8 (f) Use of Proceeds. 8 (g)
Originator Representations and Warranties. The Originator hereby represents and warrants, individually and in its capacity as Sub-Servicer, to the Buyer that:
(a) Corporate Existence and Power. The Originator is a corporation duly organized validly existing and in good standing under the laws of its state of incorporation, and has all corporate power and all governmental licenses, authorizations, consents and approvals required to carry on its business in each jurisdiction in which its business is conducted.
Originator Representations and Warranties. The Originator represents and warrants to the Acquirer as follows as of the date hereof and as of each Purchase Date that:
(a) The Originator is a Schedule I Bank existing under the laws of Canada and duly qualified to do business in every jurisdiction where the nature of its business requires it to be so qualified, except where the failure to qualify would not constitute a Material Adverse Event.
(b) The Originator is not a Non-resident.
(c) The execution, delivery and performance by the Originator of the Origination Purchase Documents to which it is a party (i) are within the Originator’s corporate powers, (ii) have been duly authorized by all necessary corporate action, and (iii) do not contravene or result in a material default under or material conflict with (1) the charter or by-laws of the Originator, (2) any law, rule or regulation applicable to the Originator, or (3) any order, writ, judgment, award, injunction, decree or contractual obligation binding on or affecting the Originator or its property.
(d) No authorization, approval, licenses, consent or other action by, and no notice to or filing with, any Governmental Authority or other Person is required for the due execution, delivery and performance by the Originator of each Origination Purchase Document to which it is a party or to make such Origination Purchase Document legal, valid, binding and admissible into evidence in a court of competent jurisdiction, other than authorizations, approvals, licenses, consents, actions, notices, filings or polling that have been obtained, made or taken.
(e) Each of the Origination Purchase Documents to which the Originator is a party has been duly executed and delivered and constitutes the legal, valid and binding obligation of, and is enforceable in accordance with its terms against the Originator, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally or by general principles of equity.
(f) Each of the Purchase Documents to which the Originator is a party has been duly executed and delivered and constitutes the legal, valid and binding obligation of, and is enforceable in accordance with its terms against, the Originator, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the enforcement of creditors’ rights generally or by general principles of equity.
(g...
Originator Representations and Warranties. 6 (a) Corporate Existence and Power............................... 6 (b)
