Common use of Representation and Warranty Breach Clause in Contracts

Representation and Warranty Breach. Any representation, warranty or certification made or deemed made herein or in any other Facility Document by any Seller Party or Guarantor or any certificate furnished to Buyer pursuant to the provisions hereof or thereof or any information with respect to the Purchased Mortgage Loans or Contributed Assets furnished in writing by on behalf of such Seller Party and Guarantor shall prove to have been untrue or misleading in any material respect as of the time made or furnished (other than the representations and warranties set forth in Schedule 1, which shall be considered solely for the purpose of determining the Asset Value of the Assets; unless (i) such Seller Party or Guarantor shall have made any such representations and warranties with actual knowledge that they were materially false or misleading at the time made; or (ii) any such representations and warranties have been determined in good faith by Buyer in its sole discretion to be materially false or misleading on a regular basis); or

Representation and Warranty Breach. Any representation, warranty or certification made or deemed made herein or in any other Facility Document by any a Seller Party or Guarantor Pledgor or any certificate furnished to Buyer pursuant to the provisions hereof or thereof or any information with respect to the Purchased Mortgage Loans or Contributed Assets furnished in writing by on or behalf of such Seller Party and Guarantor or Pledgor shall prove to have been untrue or misleading in any material respect as of the time made or furnished (other than the representations and warranties set forth (i) clause (b) above and (ii) in Schedule 1, which shall be considered solely for the purpose of determining the Asset Market Value of the Purchased Assets; unless (ix) such Seller Party or Guarantor Pledgor shall have made any such representations and warranties with actual knowledge that they were materially false or misleading at the time made; or (iiy) any such representations and warranties have been determined in good faith by Buyer in its sole good faith discretion to be materially false or misleading on a regular basis); or

Representation and Warranty Breach. Any representation, warranty or certification made or deemed made herein or in any other Facility Document by any Seller Party or Guarantor or any certificate furnished to Buyer pursuant to the provisions hereof or thereof or any information with respect to the Purchased Mortgage Loans or Contributed Assets Underlying REO Property furnished in writing by on behalf of such Seller Party and Guarantor shall prove to have been untrue or misleading in any material respect as of the time made or furnished (other than the representations and warranties set forth in Schedule 1, which shall be considered solely for the purpose of determining the Asset Value of the Assets; unless (i) such Seller Party or Guarantor shall have made any such representations and warranties with actual knowledge that they were materially false or misleading at the time made; or (ii) any such representations and warranties have been determined in good faith by Buyer in its sole discretion to be materially false or misleading on a regular basis); or

Representation and Warranty Breach. Any representation, warranty or certification made or deemed made herein or in any other Facility Document by any a Seller Party or Guarantor Pledgor or any certificate furnished to Buyer pursuant to the provisions hereof or thereof or any information with respect to the Purchased Mortgage Loans or Contributed Assets furnished in writing by on or behalf of such Seller Party and Guarantor or Pledgor shall prove to have been untrue or misleading in any material respect as of the time 42 made or furnished (other than the representations and warranties set forth (i) clause (b) above and (ii) in Schedule 1, which shall be considered solely for the purpose of determining the Asset Market Value of the Purchased Assets; unless (ix) such Seller Party or Guarantor Pledgor shall have made any such representations and warranties with actual knowledge that they were materially false or misleading at the time made; or (iiy) any such representations and warranties have been determined in good faith by Buyer in its sole good faith discretion to be materially false or misleading on a regular basis); or

Representation and Warranty Breach. Any representation, warranty or certification made or deemed made herein or in any other Facility Document (and not identified in Section 12(b) hereof) by any a Seller Party or Guarantor or any certificate furnished to Buyer pursuant to the provisions hereof or thereof or any information with respect to the Purchased Mortgage Loans or Contributed Assets furnished in writing by or on behalf of such a Seller Party and or Guarantor shall prove proves to have been untrue or misleading in any material respect as of the time made or furnished (other than the representations and warranties set forth in Schedule 11 hereto, which shall be are considered solely for the purpose of determining the Asset Market Value of the Purchased Assets; unless (i) such a Seller Party or Guarantor shall have has made any such representations and warranties with actual knowledge that they were materially false or misleading at the time made; or (ii) any such representations and warranties have been determined in good faith by Buyer in its sole discretion to be materially false or misleading on a regular basis); or.

Representation and Warranty Breach. Any representation, warranty or certification made or deemed made herein or in any other Facility Document (and not identified in clause (b) of this Section) by any Seller Party or Guarantor or any certificate furnished to Buyer pursuant to the provisions hereof or thereof or any information with respect to the Purchased Mortgage Loans or Contributed Assets furnished in writing by on behalf of such Seller Party and or Guarantor shall prove proves to have been untrue or misleading in any material respect as of the time made or furnished (other than the representations and warranties set forth in Schedule 1, which shall be are considered solely for the purpose of determining the Asset Market Value of the Purchased Assets; unless (i) such Seller Party or Guarantor shall have has made any such representations and warranties with actual knowledge that they were materially false or misleading at the time made; or (ii) any such representations and warranties have been determined in good faith by Buyer in its sole good faith discretion to be materially false or misleading on a regular basis); or. ‑50‑

Representation and Warranty Breach. Any representation, warranty or certification made or deemed made herein or in any other Facility Document (and not identified in clause (a)(ii) of this Section) by any Seller Party or Guarantor or any certificate furnished to Buyer pursuant to the provisions hereof or thereof or any information with respect to the Purchased Mortgage Loans or Contributed Assets furnished in writing by on behalf of such Seller Party and or Guarantor shall prove proves to have been untrue or misleading in any material respect as of the time made or furnished (other than the representations and warranties set forth in Schedule 1, which shall be are considered solely for the purpose of determining the Asset Market Value of the Purchased Assets; unless (iA) such Seller Party or Guarantor shall have has made any such representations and warranties with actual knowledge that they were materially false or misleading at the time made; or (iiB) any such representations and warranties have been determined in good faith by Buyer in its sole good faith discretion to be materially false or misleading on a regular basis); or.