Representations and Warranties of the SPV and the Servicer Clause Samples
The 'Representations and Warranties of the SPV and the Servicer' clause sets out the specific statements of fact and assurances made by both the Special Purpose Vehicle (SPV) and the Servicer regarding their authority, capacity, and compliance with relevant laws and agreements. Typically, this clause covers matters such as the legal existence of the SPV, its power to enter into the transaction, and the Servicer’s ability to perform its duties, as well as the accuracy of information provided. Its core function is to allocate risk by ensuring that both parties are legally qualified and prepared to fulfill their obligations, thereby providing confidence and recourse if any statements prove to be false or misleading.
Representations and Warranties of the SPV and the Servicer. Unless otherwise provided herein, the SPV represents and warrants to the Facility Agent, the Administrators and the Lenders, as to itself, and the Servicer represents and warrants to the Facility Agent, the Administrators and the Lenders, as to itself (it being understood and agreed, for the avoidance of doubt, that the representation and warranties of the SPV and Servicer have been combined herein for ease of documentation only), that on the Closing Date and on each Borrowing Date as provided in Section 4.2:
Representations and Warranties of the SPV and the Servicer. Each of the SPV and the Servicer represents and warrants to the Agent, the Class Agents and the Investors, as to itself, that, on the Closing Date and on each Investment Date and Reinvestment Date: