REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE ASSIGNOR. 4.1 The Assignor represents, warrants and covenants to the Assignee that:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE ASSIGNOR. 1.1 The Assignor represents, warrants and covenants to the Assignee that:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE ASSIGNOR. The Assignor shall have complied in all material respects with all of its agreements and covenants contained herein (including the obligations of the Assignor to deliver the documents specified in Section 1.5) to be performed at or prior to the Closing Date, and all of the representations and warranties of the Assignor contained herein shall be true in all material respects on and as of the Closing Date with the same effect as though made on and as of the Closing Date, except to the extent that such representations and warranties were made as of a specified date and, as to such representations and warranties, the same shall continue on the Closing Date to have been true in all material respects as of the specified date.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE ASSIGNOR. The Assignor hereby covenants, represents and warrants the following:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE ASSIGNOR. Section 3.1. The Assignor hereby represents and warrants to the Assignee that: (i) the transactions contemplated by this Agreement, and the documents to be executed and delivered by or on behalf of the Assignor in connection therewith, have been duly authorized by the Assignor; (ii) the person executing this Agreement on behalf of the Assignor has the full power and authority to execute and deliver all documents necessary to consummate this transaction on behalf of the Assignor and to cause the Assignor to perform any act which may be necessary pursuant to the terms of this Agreement; (iii) the Assignor has subject to Xxxxxx’s consent, the right, power and authority to assign the Funding Documents to the Assignee; (iv) the outstanding principal balance of the Loan as of the date hereof is $_(this amount would come from the new amortization schedule from Finance)_; and (v) there is no outstanding accrued and unpaid interest on the Loan as of the date hereof.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE ASSIGNOR. 4.1 The Assignor represents and warrants to the Assignee on the Transfer Date that: 4.1.1 it has not assigned, charged, or otherwise disposed of any of its right, title and interest with respect to the Transferred Receivable to any third party and that the assignment of the Transferred Receivable is not prohibited by law or by any agreements between the Debtor and the Assignor, that the assignment is not restricted to creditor’s person and that the very nature of the Transferred Receivable iscompatible with transferring to another; 4.1.2 the transferability of the Transferred Receivable is not limited or excluded by law, any action, trust deed, mortgage or other agreement or instrument to which the Assignor is a party or by which it or anyof its assets is bound and title to the assets may be freely assigned to the Assignee; 4.1.3 the Transferred Receivable exists and is legally valid; 4.1.4 that there are enforcement procedures and other proceedings in relation to the Transferred receivable which are listed in the Schedule 3 of this Agreement which Schedule 3 is the joint part of thisAgreement;
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE ASSIGNOR. The Assignor represents and warrants on the date hereof, on each date on which any Advance is made and on each date on which any Mortgage Loans or Mortgage-backed Securities are delivered to the Lender for the purposes of pledge hereunder, and covenants that:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE ASSIGNOR. The Assignor represents and warrants that on the date of the deposit by the Assignor of any Collateral in the Restricted Account, it will be the legal, record and beneficial owner of, and will have good and marketable title to, the Collateral, subject to no Lien, other than the Lien created by this Agreement. The Assignor covenants and agrees that it will defend the Collateral Agent's right, title and security interest in and to the Collateral and the proceeds thereof against the claims and demands of all other Persons whomsoever; and the Assignor covenants and agrees that it will have like title to and right to pledge any other property at any time hereafter pledged to the Collateral Agent as Collateral hereunder and will likewise defend the right thereto and security interest therein of the Collateral Agent.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE ASSIGNOR. The Assignor represents and warrants on the date hereof, on each date on which any Advance is made and on each date on which any Mortgage Loans or Mortgage-backed Securities are delivered to the Security Agent for the purposes of pledge hereunder, and covenants that:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE ASSIGNOR. The Assignor hereby represents, warrants and covenants to the Assignee, each of the following, which representations, warranties and covenants are being relied upon by the Assignee in connection with the purchase and assignment of the Assigned Debentures. The Assignor expressly agrees that the Assignee has not investigated or verified, and has no duty to investigate or verify, the representations, warranties and covenants set forth herein.
