Servicer’s Representations and Warranties. The Servicer represents and warrants to the Issuer as of the Closing Date, on which the Issuer is relying in purchasing the Sold Property and which will survive the sale and assignment of the Sold Property by the Depositor to the Issuer under this Agreement and the pledge of the Sold Property by the Issuer to the Indenture Trustee under the Indenture:
Servicer’s Representations and Warranties. The Servicer represents and warrants to the Depositor as of the Closing Date and each Acquisition Date:
Servicer’s Representations and Warranties. The Servicer has made the representations and warranties in Section 6.1 of the Servicing Agreement, which representations and warranties (i) the Lender, the Titling Companies and the Collateral Agent have relied on, and the Depositor and the Issuer will rely on in acquiring the 2023-A Exchange Note, and (ii) are remade as of the Exchange Note Issuance Date and will survive the sale and assignment of the 2023-A Exchange Note by Ford Credit to the Depositor under the Exchange Note Purchase Agreement and by the Depositor to the Issuer under the Exchange Note Sale Agreement and the pledge of the 2023-A Exchange Note by the Issuer to the Indenture Trustee under the Indenture.
Servicer’s Representations and Warranties. The Servicer has made the representations and warranties in Section 6.1 of the Servicing Agreement, which representations and warranties (i) the Lender, the Titling Companies and the Collateral Agent have relied on, and the Depositor and the Issuer will rely on in acquiring the 2017-B Exchange Note, and (ii) are remade as of the Exchange Note Issuance Date and will survive the sale and assignment of the 2017-B Exchange Note by Ford Credit to the Depositor and by the Depositor to the Issuer and the pledge of the 2017-B Exchange Note by the Issuer to the Indenture Trustee under the Indenture.
Servicer’s Representations and Warranties. The following representations and warranties set forth in Exhibit B to the Sales Agreement delivered by SMI: Paragraph (3), (5), (26), (34) and (40). Such representations and warranties shall be deemed to be made by the Servicer in respect of any Warehouse Mortgage Loans conveyed to the Trust, in each case, as of the date of conveyance thereto; provided, however, that any references in such representations and warranties to “SMI” shall be deemed to refer to the Servicer notwithstanding the text thereof.
Servicer’s Representations and Warranties. The following representations and warranties set forth in Exhibit B to the Sales Agreement delivered by SFM: Paragraph (3), (5), (24), (32) and (38). Such representations and warranties shall be deemed to be made by the Servicer in respect of any Warehouse Mortgage Loans conveyed to the Issuer, in each case, as of the date of conveyance thereto; provided, however, that any references in such representations and warranties to “SFM” shall be deemed to refer to the Servicer notwithstanding the text thereof.
Servicer’s Representations and Warranties. The Servicer represents and warrants to the Lender, each Titling Company and the Collateral Agent, on the date of this Agreement, and each Exchange Noteholder, on the related Exchange Note Issuance Date, on which the Lender, each Titling Company and the Collateral Agent are relying in entering into this Agreement and each Exchange Noteholder will rely in acquiring the related Exchange Note.
Servicer’s Representations and Warranties. The Servicer represents and warrants to the Issuer and to the Indenture Trustee, and at all times during the term of the Servicing Agreement shall be deemed to represent and warrant, as follows:
(a) The Servicer is a limited liability company duly organized, validly existing and in good standing under the laws of the Commonwealth of Virginia and is or will be in compliance with all applicable Laws to the extent such compliance is necessary to enforce each Tax Lien in accordance with the terms of this Servicing Agreement;
(b) The execution and delivery of this Servicing Agreement by it and its performance and compliance with the terms of this Servicing Agreement will not violate its organizational documents or bylaws or constitute a default (or an event which, with notice or lapse of time, or both, would constitute a default) under, or result in the breach of, any contract, agreement or other instrument to which it is a party or which may be applicable to it or any of its assets, which default or breach would materially and adversely affect its condition (financial or other) or operations or its properties or might have consequences that would materially affect the performance of its duties hereunder;
(c) This Servicing Agreement, assuming due authorization, execution and delivery by each of the other parties hereto, constitutes its legal, valid and binding obligation, enforceable against it in accordance with the terms of this Agreement, except as such enforcement may be limited by bankruptcy, insolvency, reorganization, receivership, moratorium or other laws relating to or affecting the rights of creditors generally, and by general principles of equity (regardless of whether such enforcement is considered in a proceeding in equity or at law);
(d) It is not in violation of, and the execution and delivery of this Servicing Agreement by it and its performance and compliance with the terms of this Agreement will not constitute a violation with respect to, any order or decree of any court or any order or regulation of any federal, state, municipal or governmental agency having jurisdiction, which violation would have consequences that would materially and adversely affect its condition (financial or other) or operations or its properties or might have consequences that would materially affect the performance of its duties hereunder;
(e) No litigation is pending or, to the best of its knowledge, threatened against it which would prohibit its entering into or pe...
Servicer’s Representations and Warranties. As of the date hereof, the Servicer represents and warrants to the Customer and the Lessor as follows:
Servicer’s Representations and Warranties. The Servicer represents and warrants the following to the Bank:
(a) The Servicer is duly organized and qualified to do business in each jurisdiction in which qualification is required for the activities contemplated by this Servicing Agreement. The execution and performance of this Servicing Agreement has been duly authorized by all necessary action and does not and will not contravene any provision of law, rule or regulation applicable to the Servicer. The Servicer is eligible under the Act and the Regulations to service the Loans.
(b) This Servicing Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms subject to bankruptcy, insolvency and other similar laws affecting creditors’ rights generally and subject to equitable principles.
