Transferor. Signed, sealed and delivered by ) by Xxxx Xx ) for and on behalf of ) the Transferor pursuant to the Power of Attorney ) In the presence of ) ) Name: Witness ) Signature: TRANSFEREE Signed, sealed and delivered by ) by Coinllectibles Private Limited ) In the presence of ) ) Name: Xx Xxx Xxxx Witness ) Signature: SCHEDULE
Transferor. By: ------------------------------------ Name: Title: EXHIBIT M FORM OF ERISA REPRESENTATION LETTER _____________, 20__ Financial Asset Securities Corp. Deutsche Bank National Trust Company 000 Xxxxxxxxx Xxxx 0000 Xxxx Xx. Xxxxxx Xxxxx Greenwich, Connecticut 06830 Xxxxx Xxx, Xxxxxxxxxx 00000-0000 Re: Soundview Home Loan Trust 2004-WMC1, Asset-Backed Certificates Series 2004-WMC1 ------------------------------------------ Dear Sirs: _______________________ (the "Transferee") intends to acquire from _____________________ (the "Transferor") $____________ Initial Certificate Principal Balance Soundview Home Loan Trust 2004-WMC1, Asset-Backed Certificates Series 2004-WMC1, Class [C][P][R[-X]] (the "Certificates"), issued pursuant to a Pooling and Servicing Agreement (the "Pooling and Servicing Agreement") dated as of December 1, 2004 among Financial Asset Securities Corp. as depositor (the "Depositor"), Saxon Mortgage Services, Inc. as servicer (the "Servicer") and Deutsche Bank National Trust Company as trustee (the "Trustee"). Capitalized terms used herein and not otherwise defined shall have the meanings assigned thereto in the Pooling and Servicing Agreement. The Transferee hereby certifies, represents and warrants to, and covenants with the Depositor, the Trustee and the Servicer the following: The Certificates (i) are not being acquired by, and will not be transferred to, any employee benefit plan within the meaning of section 3(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), or other retirement arrangement, including individual retirement accounts and annuities, Xxxxx plans and bank collective investment funds and insurance company general or separate accounts in which such plans, accounts or arrangements are invested, that is subject to Section 406 of ERISA or Section 4975 of the Internal Revenue Code of 1986 (the "Code") (any of the foregoing, a "Plan"), (ii) are not being acquired with "plan assets" of a Plan within the meaning of the Department of Labor ("DOL") regulation, 29 C.F.R.ss.2510.3-101, and (iii) will not be transferred to any entity that is deemed to be investing in plan assets within the meaning of the DOL regulation at 29 X.X.X.xx. 2510.3-101. M-1 Very truly yours, [Transferee] By:______________________________ Name: Title: EXHIBIT N-1 FORM CERTIFICATION TO BE PROVIDED BY THE DEPOSITOR WITH FORM 10-K Re: Soundview Home Loan Trust, Series 2004-WMC1 Asset Backed Certificates, Series 2004-WMC1 --------------...
Transferor a Person who Transfers all or any part of an Ownership Interest in compliance with this Agreement.
Transferor. For purposes of Section 2.07(c) of this Agreement with respect to each Trust Fund created on or after the date hereof, (a) a Person, acting in its capacity as principal, that transfers Assets to the Depositor in exchange for cash or Certificates, or a combination of cash and Certificates, for conveyance to such Trust Fund; or (b) if the Depositor transfers Assets that it has previously been holding in its own portfolio into such Trust Fund, Xxxxxxx Mac, in its corporate capacity as the Depositor. Treasury Index: Either (i) the auction average (investment) yield on three-month or six-month U.S. Treasury bills or (ii) the weekly average yield on U.S. Treasury securities adjusted to a constant maturity of one, three, five, seven, ten or thirty years or to some other constant maturity, in each case as specified in the related Terms Supplement.
Transferor is not a foreign person or foreign corporation, foreign partnership, foreign trust (as those terms are defined in the Internal Revenue Code);
Transferor. The Depositor, or any such permitted holder of the Ownership Interest. Trigger Event: Will be in effect on any Payment Date on or after the Stepdown Date on which either (i) the Two Payment-Plus Rolling Average for such Payment Date equals or exceeds 11.50%, or (ii) the Cumulative Loss Percentage for such Payment Date exceeds the Cumulative Loss Percentage Trigger for such Payment Date.
Transferor. For purposes of Article XIV, (a) a Person, acting in its capacity as principal, that transfers Mortgage Loans to the Issuer for securitization in exchange for cash or Certificates, or a combination of cash and Certificates; or (b) in the case of a Pool of PFP Loans, the Issuer. This definition of Transferor will be interpreted in a manner consistent with the requirements of GAAP and any other relevant authoritative accounting literature, as such requirements are applicable from time to time.
Transferor. A Limited Partner who Transfers Units pursuant to Article 11.
Transferor has all necessary power and authority to enter into this Agreement and to execute all documents and instruments referred to herein or contemplated hereby and to consummate the transactions provided for herein and all necessary action has been taken to authorize the individuals executing this Agreement to do so. This Agreement has been duly and validly executed and delivered by Transferor and is enforceable against Transferor in accordance with its terms, except as such enforceability may be limited by applicable bankruptcy laws and general principals of equity. This Agreement does not conflict with Transferor's Articles of Incorporation or Bylaws or any contract, document or instrument to which Transferor is a party or by which Transferor or any of its assets may be bound or affected. Transferor is not required to secure the consent of any third party to enter into this Agreement or to carry out the terms hereof, other than the consents from Owner and the consents specifically contemplated by the terms hereof with respect to the assignment of the Designated Operating Contracts. Transferor is not in default under any of the Operating Contracts or the Master Operating Contracts.
Transferor. PORT OF SEATTLE, a municipal corporation of the State of Washington By Name: Title: Schedule 1 to Non-Foreign Person Affidavit Legal Description of the Property Being Transferred
