Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, has the benefit of the representations and warranties made by the Seller in Section [____] and Section [____] of the Mortgage Loan Purchase Agreement concerning the Mortgage Loans and the right to enforce the remedies against the Seller provided in such Section [____] or Section [____] to the same extent as though such representations and warranties were made directly to the Indenture Trustee.
Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, has the benefit of the representations and warranties made by the Seller in the Mortgage Loan Purchase Agreement concerning the Seller and the Mortgage Loans to the same extent as though such representations and warranties were made directly to the Indenture Trustee. If a Responsible Officer of the Indenture Trustee has actual knowledge of any breach of any representation or warranty made by the Seller in the Mortgage Loan Purchase Agreement, the Indenture Trustee shall promptly notify the Seller of such finding and the Seller's obligation to cure such defect or repurchase or substitute for the related Mortgage Loan.
Representations and Warranties Concerning the Mortgage Loans. 18 Section 3.13
Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, shall have the benefit of the representations and warranties made by GMACM in Section 3.1(a) and Section 3.1(b) of the Purchase Agreement and the benefit of the representations and warranties made by WG Trust in Section 3.1(c) of the Purchase Agreement, concerning the Mortgage Loans and the right to enforce the remedies against GMACM or WG Trust provided in such Section 3.1(a), Section 3.1(b) or Section 3.1(c), as applicable, to the same extent as though such representations and warranties were made directly to the Indenture Trustee.
Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, has the benefit of the representations and warranties made by NC Capital in the Mortgage Loan Purchase Agreement concerning NC Capital, the Seller and the Mortgage Loans to the same extent as though such representations and warranties were made directly to the Indenture Trustee. If a Responsible Officer of the Indenture Trustee has actual knowledge of any breach of any representation or warranty made by NC Capital in the Mortgage Loan Purchase Agreement, the Indenture Trustee shall promptly notify NC Capital of such finding and NC Capital’s obligation to cure such defect or repurchase or substitute for the related Mortgage Loan.
Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, has the benefit of the representations and warranties made by the Seller and the Originator in the Mortgage Loan Sale and Contribution Agreement concerning the Seller and the Mortgage Loans to the same extent as though such representations and warranties were made directly to the Indenture Trustee. If a Responsible Officer of the Indenture Trustee or the Securities Administrator has actual knowledge of any breach of any representation or warranty made by the Seller or the Originator in the Mortgage Loan Sale and Contribution Agreement, the Indenture Trustee or the Securities Administrator shall promptly notify the Seller or the Originator, as applicable, of such finding and the Seller’s or the Originator’s obligation to cure such defect or repurchase or substitute for the related Mortgage Loan.
Representations and Warranties Concerning the Mortgage Loans. The Indenture Trustee, as pledgee of the Mortgage Loans, shall have the benefit of (i) the representations and warranties made by GMACM in Section 3.1(a) and Section 3.1(b) of the Purchase Agreement, (ii) the benefit of the representations and warranties made by WG Trust 2003 in Section 3.1(d) of the Purchase Agreement and (iii) the benefit of the representations and warranties made by GMACM or WG Trust 2003, as applicable, in Section 2 of any Subsequent Transfer Agreement, in each case, concerning the Mortgage Loans and the right to enforce the remedies against GMACM or WG Trust 2003 provided in Section 3.1(e) of the Purchase Agreement, as applicable, to the same extent as though such representations and warranties were made directly to the Indenture Trustee.
Representations and Warranties Concerning the Mortgage Loans. (a) The representations and warranties of the Seller with respect to the Mortgage Loans contained in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 thereto) are incorporated by reference herein and are hereby restated in their entirety, as of the Closing Date, by the Seller for the benefit of the Trust and the Certificateholders.
(b) The Depositor hereby represents and warrants to the Trustee and the Trust, as of the Closing Date, with respect to each Mortgage Loan being sold by it that (i) it had good and transferable title to each such Mortgage Loan at the time of its sale to the Trust, and (ii) each Mortgage Loan constitutes a "qualified mortgage" under Section 860G(a)(3)(A) of the Code and Treasury Regulation Section 1.860G-2(a)(1).
(c) In the event of a breach of a representation or warranty regarding a Mortgage Loan by the Seller, the Seller, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof, and in the event of a breach of a representation or warranty regarding a Mortgage Loan by the Depositor, the Depositor, shall repurchase or substitute for such Mortgage Loan in accordance with the provisions of Section 2.03 or 2.04 hereof as if the Depositor were the Seller. None of the Trustee, the Trust or the Certificateholders shall have any remedy other than the requirement that a Mortgage Loan be repurchased or substituted for by either the Seller or the Depositor, as applicable, with respect to any breaches of representations or warranties with respect to such Mortgage Loan.
(d) Notwithstanding that any representation or warranty made by the Seller in Section 7 of the Mortgage Loan Purchase Agreement (including Exhibit 4 thereto) is made only to the best of the Seller's knowledge, the Seller shall be obligated under this Section 2.07 to repurchase or substitute for any Mortgage Loan with respect to which such representation or warranty was untrue as of the Cut-off Date, the Closing Date, or otherwise, as applicable, irrespective of the Seller's lack of knowledge thereof.
Representations and Warranties Concerning the Mortgage Loans. With respect to each Mortgage Loan, the Depositor hereby assigns to the Trust, pursuant to Section 2.07 of the Unaffiliated Seller's Agreement, the representations, warranties and covenants of the Unaffiliated Seller and the Originators set forth in Sections 3.01, 3.02 and 3.03 of the Unaffiliated Seller's Agreement. Such representations, warranties and covenants are made or deemed to be made (x) with respect to the Initial Mortgage Loans, as of the Initial Cut-Off Date and (y) with respect to the Subsequent Mortgage Loans, as of the related Subsequent Cut-Off Date.
Representations and Warranties Concerning the Mortgage Loans. The Issuer has pledged to the Indenture Trustee all of its right under the Mortgage Loan Purchase Agreement and the Indenture Trustee has the benefit of the representations and warranties made by the Seller in Section [_____] thereof, Section [____] thereof and Section [__] thereof concerning the Mortgage Loans and the right to enforce any remedy against the Seller provided in such Section [_____] or Section [_____] to the same extent as though such representations and warranties were made directly to the Indenture Trustee.
