Representations and Warranties of Conseco Finance. Conseco Finance makes the following representations and warranties, on which CFSC relies in purchasing the Initial Contracts and the Initial Collateral Security and in transferring the Initial Contracts and the Initial Collateral Security to the Trust under the Pooling and Servicing Agreement. Such representations are made as of the execution and delivery of this Agreement, but shall survive the sale, transfer and assignment of the Initial Contracts and the Initial Collateral Security hereunder and the sale, transfer and assignment thereof by CFSC to the Trust under the Pooling and Servicing Agreement. Conseco Finance and CFSC agree that CFSC will assign to the Trust all of CFSC's rights under this Agreement and that the Trust will thereafter be entitled to enforce this Agreement against Conseco Finance in the Trust's own name.
Representations and Warranties of Conseco Finance. Conseco ------------------------------------------------- Finance makes the following representations and warranties, on which CFSC relies in purchasing the Subsequent Contracts and the Collateral Security and in transferring the Subsequent Contracts and the Collateral Security to the Trust under this Agreement. Such representations are made as of the execution and delivery of this Agreement, but shall survive the sale, transfer and assignment of the Subsequent Contracts and the Collateral Security hereunder, and the sale, transfer and assignment thereof by CFSC to the Trust hereunder. Conseco Finance and CFSC agree that CFSC will assign to the Trust all of CFSC's rights under this Agreement, and that the Trust will thereafter be entitled to enforce this Agreement against Conseco Finance in the Trust's own name.
Representations and Warranties of Conseco Finance. Conseco Finance makes the following representations and warranties to Syms, each and all of which shall survive the execution and delivery of this Agreement, and each and all of which shall be deemed to be made on each day on which any Account is opened, Purchase documentation is received for settlement pursuant to Section 4.05, or any action is taken with respect to the Program on or after the Conversion Date:
