Representations and Warranties; Conditions Precedent. (a) The Depositor hereby affirms the representations and warranties set forth in Section 3.02 of the Pooling and Servicing Agreement that relate to the Subsequent Mortgage Loans as of the date hereof. The Depositor hereby confirms that each of the conditions set forth in Section 2.10(b), and as applicable, Section 2.10(c) or Section 2.10(d), of the Pooling and Servicing Agreement are satisfied as of the date hereof. (b) All terms and conditions of the Pooling and Servicing Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Instrument shall control over the conflicting provisions of the Pooling and Servicing Agreement.
Appears in 22 contracts
Samples: Subsequent Transfer Instrument (Superior Bank FSB), Subsequent Transfer Instrument (Superior Bank FSB), Subsequent Transfer Instrument (Superior Bank FSB)
Representations and Warranties; Conditions Precedent. (a) The Depositor Seller hereby affirms the representations and warranties set forth in Section 3.02 2.05 of the Pooling and Servicing Agreement that relate to the Subsequent Mortgage Loans as of the date hereof. The Depositor Seller hereby confirms that each of the conditions set forth in Section 2.10(b), and as applicable, Section 2.10(c) or Section 2.10(d), 2.02 of the Pooling and Servicing Agreement (except such conditions that are required to be satisfied as of the end of the Funding Period) are satisfied as of the date hereof.
(b) All terms and conditions of the Pooling and Servicing Agreement are hereby ratified and confirmed; provided, provided however, that in the event of any conflict the provisions of this Instrument Agreement shall control over the conflicting provisions of the Pooling and Servicing Agreement.
Appears in 7 contracts
Samples: Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp)
Representations and Warranties; Conditions Precedent. (a) The Depositor Seller hereby affirms the representations and warranties set forth in Section 3.02 2.05 of the Pooling and Servicing Agreement that relate to the Subsequent Mortgage Loans as of the date hereof. The Depositor Seller hereby confirms that each of the conditions set forth in Section 2.10(b), and as applicable, Section 2.10(c) or Section 2.10(d), 2.02 of the Pooling and Servicing Agreement (except such conditions that are required to be satisfied as of the end of the Commitment Period) are satisfied as of the date hereof.
(b) All terms and conditions of the Pooling and Servicing Agreement are hereby ratified and confirmed; provided, provided however, that in the event of any conflict the provisions of this Instrument Agreement shall control over the conflicting provisions of the Pooling and Servicing Agreement.
Appears in 4 contracts
Samples: Pooling and Servicing Agreement (Aames Capital Corp), Pooling and Servicing Agreement (Aames Capital Corp), Subsequent Transfer Agreement (Aames Capital Corp)
Representations and Warranties; Conditions Precedent. (a) The Depositor Depositor, contemporaneously with the delivery of this Agreement, hereby affirms the representations and warranties set forth in Section 3.02 of the Pooling and Servicing Agreement that relate to the Subsequent Mortgage Loans as of the date hereof. The Depositor hereby confirms that each of the conditions set forth in Section 2.10(b), and as applicable, Section 2.10(c) or Section 2.10(d), of the Pooling and Servicing Agreement are satisfied as of the date hereof.
(b) All terms and conditions of the Pooling and Servicing Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Instrument shall control over the conflicting provisions of the Pooling and Servicing Agreement.
Appears in 3 contracts
Samples: Subsequent Transfer Instrument (Superior Bank FSB), Subsequent Transfer Instrument (Superior Bank FSB), Subsequent Transfer Instrument (Superior Bank FSB Afc Mortgage Ln Asset Bk Cert Ser 1999-2)
Representations and Warranties; Conditions Precedent. (a) The Depositor hereby affirms the representations and warranties set forth in Section 3.02 of the Pooling and Servicing Agreement that relate to the Subsequent Mortgage Loans as of the date hereof. The Depositor hereby confirms that each of the conditions precedent and the representations and warranties set forth in Section 2.10(b), and as applicable, Section 2.10(c) or Section 2.10(d), 2.04 of the Pooling and Servicing Agreement are satisfied as of the date hereof.
(b) The Depositor hereby confirms that each of the representations and warranties in Section 2.06 of the Pooling and Servicing Agreement are true and correct as of the date hereof, provided, however that any references in such section to Mortgage Loan shall be deemed to refer to Additional Group 3 Mortgage Loan.
(c) All terms and conditions of the Pooling and Servicing Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict conflict, the provisions of this Instrument shall control over the conflicting provisions of the Pooling and Servicing Agreement.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (ABFC 2006-Opt1 Trust), Additional Transfer Instrument (ABFC 2006-Opt1 Trust)