Common use of Representations and Warranties of HARC Clause in Contracts

Representations and Warranties of HARC. As of the Purchase Date, HARC hereby makes the representations and warranties to Seller that are set forth in Section 3.2 of the Purchase Agreement with respect to the Conveyance effected hereby to the same extent as if set forth in full herein. In the event of any breach of a representation and warranty made by HARC hereunder, each of the Seller and the Master Servicer covenant and agree that it will not take any action to pursue any remedy that it may have hereunder, in law, in equity or otherwise, until a year and a day have passed since the date on which all Notes and Certificates issued by the Trust have been paid in full. The Seller, the Master Servicer and HARC agree that damages will not be an adequate remedy for such breach and that this covenant may be specifically enforced by HARC, the Issuer or by the Indenture Trustee on behalf of the Noteholders and the Owner Trustee on behalf of the Certificateholders.

Representations and Warranties of HARC. As of the Purchase Date, HARC hereby makes the representations and warranties to the Seller that are set forth in Section 3.2 of the Purchase Agreement with respect to the Conveyance effected hereby to the same extent as if set forth in full herein. In the event of any breach of a representation and warranty made by HARC hereunder, each of the Seller covenants and the Master Servicer covenant and agree agrees that it will not take any action to pursue any remedy that it may have hereunder, in law, in equity or otherwise, until a year and a day have passed since the date on which all Notes and Certificates Notes, Certificates, pass-through certificates or other similar securities issued by the Trust or similar vehicle formed by HARC have been paid in full. The Seller, the Master Servicer Seller and HARC agree that damages will not be an adequate remedy for such breach and that this covenant may be specifically enforced by HARC, the Issuer or by the Indenture Trustee on behalf of the Noteholders and the Owner Trustee on behalf of the Certificateholders.

Representations and Warranties of HARC. As of the Purchase Date, HARC hereby makes the representations and warranties to Seller that are set forth in Section 3.2 of the Purchase Agreement with respect to the Conveyance effected hereby to the same extent as if set forth in full herein. In the event of any breach of a representation and warranty made by HARC hereunder, each of the Seller covenants and the Master Servicer covenant and agree agrees that it will not take any action to pursue any remedy that it may have hereunder, in law, in equity or otherwise, until a year and a day have passed since the date on which all Notes notes and Certificates certificates issued by the Trust trust have been paid in full. The Seller, the Master Servicer Seller and HARC agree that damages will not be an adequate remedy for such breach and that this covenant may be specifically enforced by HARC, the Issuer or by the Indenture Trustee on behalf of the Noteholders and the Owner Trustee on behalf of the Certificateholders.