Representations and Warranties Regarding the Loan Files. The Originator represents and warrants as of the applicable Assignment Date that (i) to the extent that any Loans were pledged as collateral for any of the Warehouse Transactions, immediately prior to such date (as applicable), a collateral custodian under the applicable Warehouse Transaction had possession of each original Underlying Note, if any, and a copy of the Loan and the related complete Loan File, and there were no other custodial agreements relating to the same in effect except for a custodial agreement between ACAS and the applicable borrower or seller, as the case may be with respect to each Warehouse Transaction; (ii) each of such documents which is required to be signed by the Obligor has been signed by the Obligor in the appropriate spaces; (iii) all blanks on any form have been properly filled in and each form has otherwise been correctly prepared; and (iv) the complete Loan File for each Loan is in the possession of the Indenture Trustee.
Appears in 4 contracts
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer Agreement (American Capital Strategies LTD), Transfer Agreement (American Capital Strategies LTD)
Representations and Warranties Regarding the Loan Files. The Originator represents and warrants as of the applicable Assignment Date that (ia) to the extent that any Loans were pledged as collateral for any of the Warehouse Transactions, immediately prior to such date (as applicable), a collateral custodian under the applicable Warehouse Transaction had possession of each original Underlying Note, if any, and a copy of the Loan and the related complete Loan File, and there were no other custodial agreements relating to the same in effect except for a custodial agreement between ACAS and the applicable borrower or seller, as the case may be with respect to each Warehouse Transaction; (iib) each of such documents which is required to be signed by the Obligor has been signed by the Obligor in the appropriate spaces; (iiic) all blanks on any form have been properly filled in and each form has otherwise been correctly prepared; and (ivd) the complete Loan File for each Loan is in the possession of the Indenture Trustee.
Appears in 2 contracts
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD), Transfer and Servicing Agreement (American Capital Strategies LTD)
Representations and Warranties Regarding the Loan Files. The Originator represents and warrants as of the applicable Assignment Date that (i) to the extent that any Loans were pledged as collateral for any of the Warehouse TransactionsVFCC CP Transaction, immediately prior to such date (as applicable)date, a collateral custodian under the applicable Warehouse VFCC CP Transaction had possession of each original Underlying Note, if any, and a copy of the Loan and the related complete Loan File, and there were no other custodial agreements relating to the same in effect except for a custodial agreement between ACAS and the applicable borrower or seller, as the case may be be, with respect to each Warehouse the VFCC CP Transaction; (ii) each of such documents which is required to be signed by the Obligor has been signed by the Obligor in the appropriate spaces; (iii) all blanks on any form have been properly filled in and each form has otherwise been correctly prepared; and (iv) the complete Loan File for each Loan is in the possession of the Indenture Trustee.
Appears in 1 contract
Samples: Transfer Agreement (American Capital Strategies LTD)
Representations and Warranties Regarding the Loan Files. The Originator represents and warrants as of the applicable Assignment Date that (ia) to the extent that any Loans were pledged as collateral for any of the Warehouse TransactionsVFCC CP Transaction, immediately prior to such date (as applicable)date, a collateral custodian under the applicable Warehouse VFCC CP Transaction had possession of each original Underlying Note, if any, and a copy of the Loan and the related complete Loan File, and there were no other custodial agreements relating to the same in effect except for a custodial agreement between ACAS and the applicable borrower or seller, as the case may be be, with respect to each Warehouse the VFCC CP Transaction; (iib) each of such documents which is required to be signed by the Obligor has been signed by the Obligor in the appropriate spaces; (iiic) all blanks on any form have been properly filled in and each form has otherwise been correctly prepared; and (ivd) the complete Loan File for each Loan is in the possession of the Indenture Trustee.
Appears in 1 contract
Samples: Transfer and Servicing Agreement (American Capital Strategies LTD)