Representations and Warranties Regarding Purchased Loans; Delivery of Purchased Loan File. The applicable representations and warranties set forth in Exhibit III attached hereto with respect to each Purchased Loan sold to Buyer in a Transaction hereunder are true, complete and correct, except as has been disclosed to Buyer in an Exception Report delivered to Buyer prior to the Purchase Date with respect to the related Purchased Loan. It is understood and agreed that the representations and warranties set forth in Exhibit III hereto (as modified by any Exception Report disclosed to Buyer in writing prior to the Purchase Date with respect to the related Purchased Loan), shall survive delivery of the respective Purchased Loan File to Buyer or its designee (including Custodian). With respect to each Purchased Loan, Purchased Loan Documents and any other documents required to be delivered under this Agreement and the Custodial Agreement for such Purchased Loan have been delivered to Buyer or Custodian on its behalf or such requirement will have been expressly waived in writing by Buyer. Such Seller or its designee is in possession of a complete, true and accurate Purchased Loan File with respect to each Purchased Loan, except for such documents the originals of which have been delivered to Custodian.
Appears in 5 contracts
Samples: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage REIT, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.)
Representations and Warranties Regarding Purchased Loans; Delivery of Purchased Loan File. The Seller represents and warrants to the Buyer that each Purchased Loan sold hereunder and each pool of Purchased Loans sold in a Transaction hereunder, as of each Purchase Date for a Transaction conform to the applicable representations and warranties set forth in Exhibit III VI attached hereto with respect to each Purchased Loan sold to Buyer in a Transaction hereunder are true, complete and correcthereto, except as has been disclosed to the Buyer in an Exception Report delivered to Buyer prior to the Purchase Date with respect to the related Purchased Loanwriting. It is understood and agreed that the representations and warranties set forth in Exhibit III hereto (as modified by any Exception Report disclosed to Buyer in writing prior to the Purchase Date with respect to the related Purchased Loan)VI hereto, if any, shall survive delivery of the respective Purchased Loan File to Buyer or its designee (including the Custodian)) to the extent permitted by applicable law. With respect to each Purchased Loan, Purchased Loan Documents the Mortgage Note or Mezzanine Note, the Mortgage (if any), the Assignment of Mortgage (if any) and any other documents required to be delivered under this Agreement and the Custodial Agreement for such Purchased Loan have been delivered to the Buyer or the Custodian on its behalf or such requirement will have been expressly waived in writing by Buyerbehalf. Such Seller or its designee is in possession of a complete, true and accurate Purchased Loan File with respect to each Purchased Loan, except for such documents the originals of which have been delivered to the Custodian.
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Samples: Master Repurchase Agreement (Northstar Realty), Master Repurchase Agreement (Northstar Realty)
Representations and Warranties Regarding Purchased Loans; Delivery of Purchased Loan File. The Seller represents and warrants to Buyer that each Purchased Loan sold hereunder and each pool of Purchased Loans sold in a Transaction hereunder, as of each Purchase Date for a Transaction conform to the applicable representations and warranties set forth in Exhibit III VI attached hereto with respect to each Purchased Loan sold to Buyer in a Transaction hereunder are true, complete and correcthereto, except as has been disclosed to Buyer in an Exception Report delivered to Buyer writing prior to the related Purchase Date with respect to for the related Transaction in which such Purchased LoanLoan is purchased by Buyer. It is understood and agreed that the representations and warranties set forth in Exhibit III hereto (as modified by any Exception Report disclosed to Buyer in writing prior to the Purchase Date with respect to the related Purchased Loan)VI hereto, if any, shall survive delivery of the respective Purchased Loan File to Buyer or its designee (including the Custodian). With respect to each Purchased Loan, Purchased Loan Documents the Mortgage Note or Mezzanine Note, the Mortgage (if any), the Assignment of Mortgage (if any) and any other documents required to be delivered under this Agreement and the Custodial Agreement for such Purchased Loan have been delivered to Buyer or the Custodian on its behalf or such requirement will have been expressly waived in writing by Buyerbehalf. Such Seller or its designee is in possession of a complete, true and accurate Purchased Loan File with respect to each Purchased Loan, except for such documents the originals of which have been delivered to the Custodian.
Appears in 2 contracts
Samples: Master Repurchase Agreement (Ny Credit Corp.), Master Repurchase Agreement (LNR Property Corp)
Representations and Warranties Regarding Purchased Loans; Delivery of Purchased Loan File. The Seller represents and warrants to Buyer that each Purchased Loan sold hereunder and each pool of Purchased Loans sold in a Transaction hereunder, as of each Purchase Date for a Transaction conform to the applicable representations and warranties set forth in Exhibit III VI attached hereto with respect to each Purchased Loan sold to Buyer in a Transaction hereunder are true, complete and correcthereto, except (a) as has been disclosed to Buyer in an Exception Report delivered to Buyer writing prior to the related Purchase Date with respect for the Transaction in which such Purchased Loan is purchased by Buyer, and (b) for Greenwich Transactions, any matters arising from Buyer's origination and administration of the Purchased Loan prior to the related Purchased LoanOriginal Purchase Date. It is understood and agreed that the representations and warranties set forth in Exhibit III hereto (as modified by any Exception Report disclosed to Buyer in writing prior to the Purchase Date with respect to the related Purchased Loan)VI hereto, if any, shall survive delivery of the respective Purchased Loan File to Buyer or its designee (including the Custodian). With respect to each Purchased Loan, Purchased Loan Documents the Mortgage Note or Mezzanine Note, the Mortgage (if any), the Assignment of Mortgage (if any) and any other documents required to be delivered under this the Agreement and the Custodial Agreement for such Purchased Loan have been delivered to Buyer or the Custodian on its behalf or such requirement will have been expressly waived in writing by Buyerbehalf. Such Seller or its designee is in possession of a complete, true and accurate Purchased Loan File with respect to each Purchased Loan, except for such documents the originals of which have been delivered to the Custodian.
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Representations and Warranties Regarding Purchased Loans; Delivery of Purchased Loan File. The Seller represents and warrants to Buyers that each Purchased Loan sold hereunder and each pool of Purchased Loans sold in a Transaction hereunder, as of each Purchase Date for a Transaction conform in all material respects to the applicable representations and warranties set forth in Exhibit III VI attached hereto with respect to each Purchased Loan sold to Buyer in a Transaction hereunder are true, complete and correcthereto, except as has been disclosed to Buyer Buyers in an Exception Report delivered to Buyer prior to the Purchase Date with respect to the related Purchased Loanwriting. It is understood and agreed that the representations and warranties set forth in Exhibit III hereto (as modified by any Exception Report disclosed to Buyer in writing prior to the Purchase Date with respect to the related Purchased Loan)VI hereto, if any, shall survive delivery of the respective Purchased Loan File to Buyer Buyers or its their designee (including the Custodian)) to the extent permitted by applicable law. With respect to each Purchased Loan, Purchased Loan Documents the Mortgage Note or Mezzanine Note, the Mortgage (if any), the Assignment of Mortgage (if any) and any other documents required to be delivered under this Agreement and the Custodial Agreement for such Purchased Loan have been delivered to Buyer Buyers or the Custodian on its behalf or such requirement will have been expressly waived in writing by Buyertheir behalf. Such Except as otherwise disclosed to Buyers, Seller or its designee is in possession of a complete, true and accurate Purchased Loan File with respect to each Purchased Loan, except for such documents the originals of which have been delivered to the Custodian.
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