Representations and Warranties of the Sponsor with Respect to the Mortgage Loans. (a) The Sponsor makes the following representations and warranties as to the Mortgage Loans on which the Note Insurer relies and the Indenture Trustee relies in accepting the Mortgage Loans in trust and executing and authenticating the Class A Noteholders. Such representations and warranties speak as of the Closing Date with respect to the Initial Mortgage Loans, as of the related Subsequent Transfer Date with respect to any Subsequent Mortgage Loan, or as of the Transfer Date upon which any Qualified Replacement Mortgage is added to the Issuer, but shall in each case survive the sale, transfer, and assignment of the Mortgage Loans to the Indenture: (i) The information with respect to each Mortgage Loan set forth in the Schedules of Mortgage Loans is true and correct as of the Cut-Off Date or the Subsequent Cut-Off Date, as the case may be; (ii) All of the original or certified documentation set forth in Section 2.1 (including all material documents related thereto) with respect to each Mortgage Loan has been or will be delivered to the Indenture Trustee on the Closing Date or the related Subsequent Transfer Date, as the case may be, or as otherwise provided in Section 2.1;
Appears in 1 contract
Samples: Sale and Servicing Agreement (Advanta Mortgage Loan Trust 1998-4c)
Representations and Warranties of the Sponsor with Respect to the Mortgage Loans. (a) The Sponsor makes the following representations and warranties as to the Mortgage Loans on which the Note Certificate Insurer relies and the Indenture Trustee relies in accepting the Mortgage Loans in trust and executing and authenticating the Class A NoteholdersCertificates. Such representations and warranties speak as of the Closing Date Startup Day with respect to the Initial Mortgage Loans, as of the related Subsequent Transfer Date with respect to any Subsequent Mortgage Loan, or as of the Transfer Date date upon which any Qualified Replacement Mortgage is added to the IssuerTrust, but shall in each case survive the sale, transfer, and assignment of the Mortgage Loans to the IndentureTrustee:
(i) The information with respect to each Mortgage Loan set forth in the Schedules of Mortgage Loans is true and correct as of the Initial Cut-Off Date, the Replacement Cut-Off Date or the Subsequent Cut-Off Date, as the case may be;
(ii) All of the original or certified documentation set forth in Section 2.1 3.5 (including all material documents related thereto) with respect to each Mortgage Loan has been or will be delivered to the Indenture Trustee on no later than the Closing Date or Startup Day, the related Subsequent Transfer DateDate or the date upon which any Qualified Replacement Mortgage is added to the Trust, as the case may be, or as otherwise provided in Section 2.13.5;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Advanta Conduit Receivables Inc)
Representations and Warranties of the Sponsor with Respect to the Mortgage Loans. (a) The Sponsor makes the following representations and warranties as to the Mortgage Loans on which the Note Certificate Insurer relies and the Indenture Trustee relies in accepting the Mortgage Loans in trust and executing and authenticating the Class A NoteholdersCertificates. Such representations and warranties speak as of the Closing Date Startup Day with respect to the Initial Mortgage Loans, as of the related Subsequent Transfer Date with respect to any Subsequent Mortgage Loan, or as of the Transfer Date date upon which any Qualified Replacement Mortgage is added to the IssuerTrust, but shall in each case survive the sale, transfer, and assignment of the Mortgage Loans to the IndentureTrustee:
(i) The information with respect to each Mortgage Loan set forth in the Schedules of Mortgage Loans is true and correct as of the Cut-Off Date or the Subsequent Cut-Off Date, as the case may be;
(ii) All of the original or certified documentation set forth in Section 2.1 3.5 (including all material documents related thereto) with respect to each Mortgage Loan has been or will be delivered to the Indenture Trustee on the Closing Date Startup Day or the related Subsequent Transfer Date, as the case may be, or as otherwise provided in Section 2.13.5;
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Advanta Mortgage Loan Trust 1998-3)
Representations and Warranties of the Sponsor with Respect to the Mortgage Loans. (a) The Sponsor makes the following representations and warranties as to the Mortgage Loans on which the Note Insurer relies and the Indenture Trustee relies in accepting the Mortgage Loans in trust and executing and authenticating the Class A B Noteholders. Such representations and warranties speak as of the Closing Date with respect to the Initial Mortgage Loans, as of the related Subsequent Transfer Date with respect to any Subsequent Mortgage Loan, or as of the Transfer Date upon which any Qualified Replacement Mortgage is added to the Issuer, but shall in each case survive the sale, transfer, and assignment of the Mortgage Loans to the IndentureIndenture Trustee:
(i) The information with respect to each Mortgage Loan set forth in the Schedules of Mortgage Loans is true and correct as of the Cut-Off Date or the Subsequent Cut-Off Date, as the case may be;
(ii) All of the original or certified documentation set forth in Section 2.1 (including all material documents related thereto) with respect to each Mortgage Loan has been or will be delivered to the Indenture Trustee on the Closing Date or the related Subsequent Transfer Date, as the case may be, or as otherwise provided in Section 2.1;
Appears in 1 contract
Samples: Sale and Servicing Agreement (Advanta Mortgage Loan Trust 1998-4c)
Representations and Warranties of the Sponsor with Respect to the Mortgage Loans. (a) The Sponsor makes the following representations and warranties as to the Mortgage Loans on which the Note Insurer relies and the Indenture Trustee relies in accepting the Mortgage Loans in trust and executing and authenticating the Class A Noteholders. Such representations and warranties speak as of the Closing Date with respect to the Initial Mortgage Loans, as of the related Subsequent Transfer Date with respect to any Subsequent Mortgage Loan, or as of the Transfer Date upon which any Qualified Replacement Mortgage is added to the IssuerTrust, but shall in each case survive the sale, transfer, and assignment pledge of the Mortgage Loans to the Indenture Trustee pursuant to the Indenture:
(i) The information with respect to each Mortgage Loan set forth in the Schedules of Mortgage Loans is true and correct as of the Cut-Off Date or the Subsequent Cut-Off Date, as the case may be;
(ii) All of the original or certified documentation set forth in Section 2.1 (including all material documents related thereto) with respect to each Mortgage Loan has been or will be delivered to the Indenture Trustee on the Closing Date or the related Subsequent Transfer Date, as the case may be, or as otherwise provided in Section 2.1;Loan
Appears in 1 contract
Samples: Sale and Servicing Agreement (Advanta Conduit Receivables Inc)