Sale and Servicing Agreement. As a condition to the sale hereunder, World Omni agrees to make the representations and warranties to WOAR in respect of the Receivables and the pool of Receivables set forth in Sections 3.01(a) and (b) of the Sale and Servicing Agreement, and in that connection agrees to execute the Sale and Servicing Agreement. World Omni agrees that WOAR may rely on such representations and warranties in accepting the Receivables.
Sale and Servicing Agreement. As a condition to the sale hereunder, World Xxxx agrees to make the representations and warranties to WOAR in respect of the Receivables and the pool of Receivables set forth in Sections 3.01(a) and (b) of the Sale and Servicing Agreement, and in that connection agrees to execute the Sale and Servicing Agreement. World Xxxx agrees that WOAR may rely on such representations and warranties in accepting the Receivables.
Sale and Servicing Agreement. It is the intent of the Seller and the Purchaser that with respect to the Mortgage Loans, the Purchaser shall concurrently sell all of its right, title and interest to the Mortgage Loans and all other property conveyed to it hereunder to the Trust pursuant to the Sale and Servicing Agreement. With respect to such sale, the Seller agrees:
(i) to cooperate fully with the Purchaser and the Trust with respect to all reasonable requests and due diligence procedures including participating in meetings with Rating Agencies, the Insurer and such other parties as the Purchaser shall designate and participating in meetings with the Trust and providing information reasonably requested by the Trust;
(ii) to execute the Sale and Servicing Agreement and all other necessary documents to effect the transactions contemplated therein;
(iii) the Seller shall make the representations and warranties set forth herein regarding the Seller and the Mortgage Loans as of the date of the transfer to the Trust;
(iv) to deliver to the Purchaser for inclusion in any prospectus or other offering material such publicly available information regarding the Seller, its financial condition and the mortgage loan delinquency, foreclosure and loss experience of its portfolio as is customarily set forth in a prospectus supplement with respect to a comparable mortgage pool, the underwriting of mortgage loans, the servicer, the servicing and collection of mortgage loans, lending activities and loan sales of the servicer, regulatory matters and delinquency and loss experience and any additional information reasonably requested by the Purchaser, and to deliver to the Purchaser unaudited consolidated financial statements of the Seller, in which case the Purchaser shall bear the cost of having such statements audited by certified public accountants if the Purchaser desires such an audit, or as is otherwise reasonably requested by the Purchaser and which the Seller is capable of providing without unreasonable effort or expense, and to indemnify the Purchaser and its affiliates for material misstatements or omissions contained in such information;
(v) to deliver to the Purchaser and to any person designated by the Purchaser, at the Purchaser's expense, such statements and audit letters issued by reputable, certified public accountants pertaining to information provided by the Seller pursuant to clause (iv) above as shall be reasonably requested by the Purchaser (it being acknowledged by Purchaser that th...
Sale and Servicing Agreement. Owner Trustee is hereby authorized and directed to perform the duties and obligations of the Owner Trustee set forth in Sections 4.4(b), 4.7, 5.1(c), 8.4 and 10.15 of the Sale and Servicing Agreement.
Sale and Servicing Agreement. Cause Servicer to promptly provide Agent with true and complete copies of all notices sent or received by Servicer under the Sale and Servicing Agreement.
Sale and Servicing Agreement. The Sale and Servicing Agreement is supplemented as follows:
Sale and Servicing Agreement. In order to facilitate the servicing of the Loans, the Trustee and the Issuer authorize the Servicer, in the name and on behalf of the Trustee and the Issuer, to perform its respective duties and obligations under the Sale and Servicing Agreement and the rights of the Trustee pursuant to the third sentence of Section 8.01 hereof. The Trustee agrees to perform its express obligations under the Sale and Servicing Agreement in accordance with the terms thereof subject to Section 6.01 hereof.
Sale and Servicing Agreement. The Sale and Servicing Agreement attached hereto as Exhibit A, as the same may be amended from time to time in accordance with its terms and with the written consent of the Backup Servicer.
Sale and Servicing Agreement. (a) With respect to the Sale and Servicing Agreement (i) amend or modify the Sale and Servicing Agreement in any manner that (A) causes or allows the aggregate amount of the servicing fees payable under the Sale and Servicing Agreement to exceed, as of any time of determination, an amount equal to the amount of the servicing fees as determined pursuant to the Sale and Servicing Agreement on the Restatement Date, (B) except as allowed by clause (A) preceding, obligates Borrower for payment of any professional costs or court costs incurred by Servicer in servicing under the Sale and Servicing Agreement, (C) causes or allows the requirements applicable to Servicer’s standards of conduct, compliance with laws or licensing requirements to be less restrictive than exist on the Restatement Date, (D) releases any indemnity obligations of Servicer or modifies any such in any manner that is less restrictive than exist on the Restatement Date, (E) relieves Servicer of its obligation to perform under the Sale and Servicing Agreement, or (ii) terminate the Sale and Servicing Agreement, or allow the Sale and Servicing Agreement to be terminated, in any such case without the prior written consent of Agent.
(b) Allow Servicer to delegate any of its duties or functions under the Sale and Servicing Agreement to any Person, or otherwise engage any such Person to perform any such duties or functions for or on behalf of Servicer or Borrower, in any such case without the prior written consent of Agent.
(c) Transfer the duties and functions of Servicer under the Sale and Servicing Agreement to any other Person without the prior written consent of Agent.
Sale and Servicing Agreement. The Sale and Servicing Agreement dated as of September 1, 2006, by and among the Trust, as issuer, the Depositor, as depositor, the Indenture Trustee, Saxon Mortgage Services Inc., as servicer, and Saxon Funding Management, Inc., as master servicer, as such may be amended or supplemented from time to time. Saxon REIT: Saxon Capital, Inc., which elected to be treated as a REIT beginning with its taxable year ended December 31, 2004.
