Transferor Sample Clauses
Transferor. Signed, sealed and delivered by ) by Xxxx Xx ) for and on behalf of ) the Transferor pursuant to the Power of Attorney ) by Coinllectibles Private Limited ) In the presence of ) ) Name: Xx Xxx Xxxx
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. By: ------------------------------------ Name: Title: EXHIBIT M FORM OF CERTIFICATION WITH RESPECT TO ERISA AND THE CODE _____________, 20__ Saxon Mortgage Services, Inc. Xxxxx Fargo Bank, N.A. 0000 Xxxxxxxxxx Xxxxx North 0000 Xxx Xxxxxxxxx Xxxx Xxxx Xxxxx, Xxxxx 00000-0000 Xxxxxxxx, Xxxxxxxx 00000 Financial Asset Securities Corp. 000 Xxxxxxxxx Xxxx Xxxxxxxxx, Xxxxxxxxxxx 00000 Re: First Franklin Mortgage Loan Trust 2004-FF2, Asset-Backed Certificates Series 2004-FF2 ----------------------------------------- Dear Sirs: _____________ (the "Transferee") intends to acquire from the _______________________ ( "Transferor") $_________ Initial Certificate Principal Balance First Franklin Mortgage Loan Trust 2004- FF2, Asset-Backed Certificates Series 2004-FF2, Class [C][P][R][Dividend Account Certificate] (the "Certificates"), issued pursuant to a Pooling and Servicing Agreement (the "Pooling and Servicing Agreement") dated as of April 1, 2004 among Financial Asset Securities Corp. as depositor (the "Depositor"), Saxon Mortgage Services, Inc. as Servicer (the "Servicer") and Xxxxx Fargo Bank, N.A. 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. Very truly yours, [Transferee] By:_____________________________ Name: Title: EXHIBIT N-1 FORM CERTIFICATION TO BE PROVIDED BY THE DEPOSITOR WITH FORM 10-K I, [_____], cer...
Transferor a Person who Transfers all or any part of an Ownership Interest in compliance with this Agreement.
Transferor. Transferee:
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. Signed, sealed and delivered by ) by Xxx Xxx Xxxxxx ) for and on behalf of ) the Transferor pursuant to the Power of Attorney ) by Coinllectibles Limited )
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. By: ---------------------------------------- Name: -------------------------------------- Title: -------------------------------------