Common use of Representations and Warranties of the Borrower and Servicer Clause in Contracts

Representations and Warranties of the Borrower and Servicer. Each of the Borrower and the Servicer, severally, for itself only, represents and warrants as of the date of this Fourth Amendment as follows: (i) It has taken all necessary action to authorize the execution, delivery and performance of this Fourth Amendment. (ii) This Fourth Amendment has been duly executed and delivered by such Person and each of this Fourth Amendment and the Agreement, as amended by this Fourth Amendment constitutes such Person’s legal, valid and binding obligation, enforceable in accordance with its terms, except as such enforceability may be subject to (A) bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium or similar laws affecting creditors’ rights generally and (B) general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity). (iii) No consent, approval, authorization or order of, or filing, registration or qualification with, any court or governmental authority or third party is required in connection with the execution, delivery or performance by such Person of this Fourth Amendment other than such as has been met or obtained and are in full force and effect. (iv) The representations and warranties set forth in Sections 4.01, 4.02 and 4.03 of the Agreement are true and correct in all material respects as of the date hereof (except for those which expressly relate to an earlier date). (v) No event has occurred and is continuing which constitutes an Event of Default or an Unmatured Event of Default.

Representations and Warranties of the Borrower and Servicer. Each of the Borrower and the Servicer, severally, for itself only, represents and warrants as of the date of this Fourth Ninth Amendment as follows: (i) It has taken all necessary action to authorize the execution, delivery and performance of this Fourth Ninth Amendment. (ii) This Fourth Ninth Amendment has been duly executed and delivered by such Person and each of this Fourth Ninth Amendment and the Agreement, as amended by this Fourth Ninth Amendment constitutes such Person’s legal, valid and binding obligation, enforceable in accordance with its terms, except as such enforceability may be subject to (A) bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium or similar laws affecting creditors’ rights generally and (B) general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity). (iii) No consent, approval, authorization or order of, or filing, registration or qualification with, any court or governmental authority or third party is required in connection with the execution, delivery or performance by such Person of this Fourth Ninth Amendment other than such as has been met or obtained and are in full force and effect. (iv) The representations and warranties set forth in Sections 4.01, 4.02 and 4.03 of the Agreement are true and correct in all material respects as of the date hereof (except for those which expressly relate to an earlier date). (v) No event has occurred and is continuing which constitutes an a Event of Default or an Unmatured Event of Default.

Representations and Warranties of the Borrower and Servicer. Each of the Borrower and the Servicer, severally, for itself only, represents and warrants as of the date of this Fourth Amendment Agreement as follows: (i) It has taken all necessary action to authorize the execution, delivery and performance of this Fourth AmendmentAgreement. (ii) This Fourth Amendment Agreement has been duly executed and delivered by such Person and each of this Fourth Amendment Agreement and the Loan and Servicing Agreement, as amended by this Fourth Amendment Agreement constitutes such Person’s legal, valid and binding obligation, enforceable in accordance with its terms, except as such enforceability may be subject to (A) bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium or similar laws affecting creditors’ rights generally and (B) general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity). (iii) No consent, approval, authorization or order of, or filing, registration or qualification with, any court or governmental authority or third party is required in connection with the execution, delivery or performance by such Person of this Fourth Amendment Agreement other than such as has been met or obtained and are in full force and effect. (iv) The representations and warranties set forth in Sections 4.01, 4.02 and 4.03 of the Loan and Servicing Agreement are true and correct in all material respects as of the date hereof (except for those which expressly relate to an earlier date). (v) No event has occurred and is continuing which constitutes an a Event of Default or an Unmatured Event of Default.

Representations and Warranties of the Borrower and Servicer. Each of the Borrower and the Servicer, severally, for itself only, represents and warrants as of the date of this Fourth Amendment as follows: (i) It has taken all necessary action to authorize the execution, delivery and performance of this Fourth Amendment. (ii) This Fourth Amendment has been duly executed and delivered by such Person and each of this Fourth Amendment and the Agreement, as amended by this Fourth Amendment constitutes such Person’s legal, valid and binding obligation, enforceable in accordance with its terms, except as such enforceability may be subject to (A) bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium or similar laws affecting creditors’ rights generally and (B) general principles of equity (regardless of whether such enforceability is considered in a proceeding at law or in equity). (iii) No consent, approval, authorization or order of, or filing, registration or qualification with, any court or governmental authority or third party is required in connection with the execution, delivery or performance by such Person of this Fourth Third Amendment other than such as has been met or obtained and are in full force and effect. (iv) The representations and warranties set forth in Sections 4.01, 4.02 and 4.03 of the Agreement are true and correct in all material respects as of the date hereof (except for those which expressly relate to an earlier date). (v) No event has occurred and is continuing which constitutes an a Event of Default or an Unmatured Event of Default.