Common use of Representations and Warranties; Conditions Precedent Clause in Contracts

Representations and Warranties; Conditions Precedent. (a) The Company hereby affirms the representations and warranties set forth in Section 3.02 of the Purchase Agreement that relate to the Company as of the date hereof. (b) The Company is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Company's Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Company prior to the date hereof; (c) All terms and conditions of the Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Company's Instrument shall control over the conflicting provisions of the Mortgage Loan Purchase Agreement.

Appears in 8 contracts

Samples: Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Corp), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust Series 2001-1), Mortgage Loan Purchase Agreement (Novastar Home Equity Loan Asset Backed Cert Series 2003-3)

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Representations and Warranties; Conditions Precedent. (a) The Company hereby affirms the representations and warranties set forth in Section 3.02 of the Purchase Agreement that relate to the Company as of the date hereof. (b) The Company is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Company's ’s Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Company prior to the date hereof; (c) All terms and conditions of the Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Company's ’s Instrument shall control over the conflicting provisions of the Mortgage Loan Purchase Agreement.

Appears in 5 contracts

Samples: Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust Series 2004-2), Mortgage Loan Purchase Agreement (NovaStar Mortgage Funding Trust, Series 2005-1), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust Series 2004-1)

Representations and Warranties; Conditions Precedent. (a) The Company hereby affirms the representations and warranties set forth in Section 3.02 of the Purchase Agreement that relate to the Company as of the date hereof. (b) The Company is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Company's ’s Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Company prior to the date hereof;. (c) All terms and conditions of the Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Company's ’s Instrument shall control over the conflicting provisions of the Mortgage Loan Purchase Agreement.

Appears in 3 contracts

Samples: Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Corp), Mortgage Loan Purchase Agreement (NovaStar Mortgage Funding Trust, Series 2005-2), Mortgage Loan Purchase Agreement (Novastar Mortgage Funding Trust, Series 2005-4)

Representations and Warranties; Conditions Precedent. (a) The Company Depositor hereby affirms the representations and warranties set forth in Section 3.02 of the Purchase Agreement that relate to the Company Depositor as of the date hereof. (b) The Company Depositor is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this Company's Depositor’s Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Company Depositor prior to the date hereof;. (c) All terms and conditions of the Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this Company's Depositor’s Instrument shall control over the conflicting provisions of the Mortgage Loan Purchase Agreement.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (NovaStar Certificates Financing LLC), Mortgage Loan Purchase Agreement (NovaStar Certificates Financing CORP)

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Representations and Warranties; Conditions Precedent. (a) The Company Transferor hereby affirms the representations and warranties set forth in Section 3.02 of the Purchase Agreement that relate to the Company Transferor as of the date hereof. (b) The Company Transferor is solvent, is able to pay its debts as they become due and has capital sufficient to carry on its business and its obligations hereunder; it will not be rendered insolvent by the execution and delivery of this CompanyTransferor's Instrument or by the performance of its obligations hereunder nor is it aware of any pending insolvency; no petition of bankruptcy (or similar insolvency proceeding) has been filed by or against the Company Transferor prior to the date hereof; (c) All terms and conditions of the Purchase Agreement are hereby ratified and confirmed; provided, however, that in the event of any conflict the provisions of this CompanyTransferor's Instrument shall control over the conflicting provisions of the Mortgage Loan Purchase Agreement.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (Residential Asset Funding Corp)

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