Common use of SURVIVAL OF COVENANTS/SUPERSESSION Clause in Contracts

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to any Sale Agreements executed pursuant to these Master Sale Terms shall survive the consummation of the purchase of the Loans provided for in each Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or for the benefit of Seller shall bind and inure to the benefit of any successors or assigns of Purchaser and shall survive with respect to each Loan. Each Sale Agreement supersedes all previous agreements and understandings between Purchaser and Seller with respect to the subject matter thereof. A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by Seller or the waiver by Purchaser of any provision herein contained or contained in any Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Sale Agreement, be construed to lessen the right of Purchaser to insist upon the performance by Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to any Sale Purchase Agreements executed pursuant to these Master Sale Terms shall survive the consummation of the purchase of the Loans provided for in each Sale Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or for the benefit on behalf of Seller SLMA shall bind and inure to the benefit of any successors or assigns of Purchaser Funding and shall survive with respect to each Loan. Each Sale Purchase Agreement supersedes all previous agreements and understandings between Purchaser Funding and Seller SLMA with respect to the subject matter thereof. A Sale These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Purchaser Funding of any covenant, agreement, representation or warranty required to be made or furnished by Seller SLMA or the waiver by Purchaser Funding of any provision herein contained or contained in any Sale Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained or contained in any Sale Agreementcontained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Sale AgreementXxxxxxxx Xxxxxxxxx, be xx construed to lessen the right of Purchaser Funding to insist upon the performance by Seller SLMA in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to any each Sale Agreements Agreement, executed pursuant to these Master Sale Terms shall survive the consummation of the purchase acquisition of the Purchased Loans provided for in each the related Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or for on behalf of the benefit of Seller shall bind and inure to the benefit of any successors or assigns of the Purchaser and shall survive with respect to each Purchased Loan. Each Sale Agreement supersedes all previous agreements and understandings between the Purchaser and the Seller with respect to the subject matter thereof. A These Master Sale Terms and any Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by the Seller or the waiver by the Purchaser of any provision herein contained or contained in any Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained or contained in any Sale Agreementcontained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Sale Agreement, be construed to lessen the right of the Purchaser to insist upon the performance by the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to any Sale Agreements executed pursuant to these Master Sale Terms shall survive the consummation of the purchase of the Loans provided for in each Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or for the benefit of the Seller shall bind and inure to the benefit of any successors or assigns of the Purchaser and shall survive with respect to each Loan. Each Sale Agreement supersedes all previous agreements and understandings between the Purchaser and the Seller with respect to the subject matter thereof. A Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by the Seller or the waiver by the Purchaser of any provision herein contained or contained in any Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained or contained in any Sale Agreement, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Sale Agreement, be construed to lessen the right of the Purchaser to insist upon the performance by the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to any Sale Purchase Agreements executed pursuant to these Master Sale Terms shall survive the consummation of the purchase of the Loans provided for in each Sale Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or for the benefit on behalf of Seller SLMA shall bind and inure to the benefit of any successors or assigns of Purchaser Funding and shall survive with respect to each Loan. Each Sale Purchase Agreement supersedes all previous agreements and understandings between Purchaser Funding and Seller SLMA with respect to the subject matter thereof. A Sale These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Purchaser Funding of any covenant, agreement, representation or warranty required to be made or furnished by Seller SLMA or the waiver by Purchaser Funding of any provision herein contained or contained in any Sale Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained or contained in any Sale Agreementcontained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Sale AgreementPxxxxxxx Xxxxxxxxx, be xx construed to lessen the right of Purchaser Funding to insist upon the performance by Seller SLMA in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to any Sale Agreements executed pursuant to these this Master Terms Sale Terms Agreement shall survive the consummation of the purchase acquisition of the Loans provided for in each the related Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or for on behalf of the benefit of Seller shall bind and inure to the benefit of any successors or assigns of the Purchaser and shall survive with respect to each Loan. Each Sale Agreement supersedes all previous agreements and understandings between the Purchaser and the Seller with respect to the subject matter thereof. A This Master Terms Sale Agreement and any Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by the Seller or the waiver by the Purchaser of any provision herein contained or contained in any Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained or contained in any Sale Agreementcontained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Sale Agreement, be construed to lessen the right of the Purchaser to insist upon the performance by the Seller in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to any Sale Purchase Agreements executed pursuant to these Master Sale Terms shall survive the consummation of the purchase of the Loans provided for in each Sale Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or for the benefit on behalf of Seller SLMA shall bind and inure to the benefit of any successors or assigns of Purchaser Funding and shall survive with respect to each Loan. Each Sale Purchase Agreement supersedes all previous agreements and understandings between Purchaser Funding and Seller SLMA with respect to the subject matter thereof. A Sale These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Purchaser Funding of any covenant, agreement, representation or warranty required to be made or furnished by Seller SLMA or the waiver by Purchaser Funding of any provision herein contained or contained in any Sale Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained or contained in any Sale Agreementcontained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Sale Purchase Agreement, be construed to lessen the right of Purchaser Funding to insist upon the performance by Seller SLMA in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to any Sale Agreements each Purchase Agreement, executed pursuant to these Master Sale Terms shall survive the consummation of the purchase acquisition of the Purchased Loans provided for in each Sale the related Purchase Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or for the benefit on behalf of Seller VG Funding shall bind and inure to the benefit of any successors or assigns of Purchaser Funding and shall survive with respect to each Purchased Loan. Each Sale Purchase Agreement supersedes all previous agreements and understandings between Purchaser Funding and Seller VG Funding with respect to the subject matter thereof. A Sale These Master Terms and any Purchase Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by Purchaser Funding of any covenant, agreement, representation or warranty required to be made or furnished by Seller VG Funding or the Servicer or the waiver by Purchaser Funding of any provision herein contained or contained in any Sale Purchase Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained or contained in any Sale Agreementcontained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Sale Purchase Agreement, be construed to lessen the right of Purchaser Funding to insist upon the performance by Seller VG Funding in strict accordance with said terms.

SURVIVAL OF COVENANTS/SUPERSESSION. All covenants, agreements, representations and warranties made herein and in or pursuant to any the Sale Agreements Agreement and each Additional Sale Agreement, executed pursuant to these Master Sale Terms shall survive the consummation of the purchase acquisition of the Purchased Loans provided for in each the related Sale Agreement. All covenants, agreements, representations and warranties made or furnished pursuant hereto by or for on behalf of the benefit of Seller shall bind and inure to the benefit of any successors or assigns of the Purchaser and shall survive with respect to each Purchased Loan. Each Sale Agreement supersedes all previous agreements and understandings between the Purchaser and the Seller with respect to the subject matter thereof. A These Master Sale Terms and any Sale Agreement may be changed, modified or discharged, and any rights or obligations hereunder may be waived, only by a written instrument signed by a duly authorized officer of the party against whom enforcement of any such waiver, change, modification or discharge is sought. The waiver by the Purchaser of any covenant, agreement, representation or warranty required to be made or furnished by the Seller or the waiver by the Purchaser of any provision herein contained or contained in any Sale Agreement shall not be deemed to be a waiver of any breach of any other covenant, agreement, representation, warranty or provision herein contained or contained in any Sale Agreementcontained, nor shall any waiver or any custom or practice which may evolve between the parties in the administration of the terms hereof or of any Sale Agreement, be construed to lessen the right of the Purchaser to insist upon the performance by the Seller in strict accordance with said terms.