True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor to the Buyer in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor to the Buyer in connection with this Repurchase Agreement and the other Repurchase Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer for use in connection with the transactions contemplated hereby or thereby.
Appears in 5 contracts
Sources: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (Pennymac Financial Services, Inc.)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor each Seller to the Buyer in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Facility Documents or included herein or therein or delivered pursuant hereto or theretothereto (other than with respect to the Purchased Assets), when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor each Seller to the Buyer in connection with this Repurchase Agreement and the other Repurchase Facility Documents and the transactions contemplated hereby (other than with respect to the Purchased Assets) and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the each Seller, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Facility Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer for use in connection with the transactions contemplated hereby or thereby.
Appears in 3 contracts
Sources: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor Seller to the Buyer in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Documents or included herein or therein or delivered pursuant hereto or theretothereto (other than with respect to the Mortgage Loans), when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor Seller to the Buyer in connection with this Repurchase Agreement and the other Repurchase Documents and the transactions contemplated hereby (other than with respect to the Mortgage Loans) and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer for use in connection with the transactions contemplated hereby or thereby.
Appears in 3 contracts
Sources: Master Repurchase Agreement (American Home Mortgage Investment Corp), Master Repurchase Agreement (Oak Street Financial Services Inc), Master Repurchase Agreement (American Home Mortgage Investment Corp)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor Seller to the Buyer in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Documents or included herein or therein or delivered pursuant hereto or theretothereto (other than with respect to the Mortgage Assets), when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor Seller to the Buyer in connection with this Repurchase Agreement and the other Repurchase Documents and the transactions contemplated hereby (other than with respect to the Mortgage Assets) and thereby will be true, complete and accurate in every all material respectrespects, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, that could would reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer for use in connection with the transactions contemplated hereby or thereby.
Appears in 3 contracts
Sources: Master Repurchase Agreement (CBRE Realty Finance Inc), Acquisition Repurchase Agreement (Gramercy Capital Corp), Master Repurchase Agreement (Gramercy Capital Corp)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer Borrower Parties or the Guarantor Operating Partnership to the Buyer Administrative Agent or any Lender in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Loan Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact known to the Borrower necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer any Borrower Party or the Guarantor Operating Partnership to the Buyer Administrative Agent and the Lenders in connection with this Repurchase Agreement and the other Repurchase Loan Documents and the transactions contemplated hereby and thereby will Transactions will, to the Borrower’s knowledge, be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact presently known to a Responsible Officer of the Seller, after due inquiry, Borrower or the Borrower’s Manager that could reasonably be expected anticipated to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Loan Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Administrative Agent or the Lenders for use in connection with the transactions contemplated hereby or therebyTransactions.
Appears in 3 contracts
Sources: Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc), Loan Agreement (Douglas Emmett Inc)
True and Complete Disclosure. (a) The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer any Seller Party or the Guarantor to the Buyer in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Facility Documents or included herein or therein or delivered pursuant hereto or theretothereto (other than with respect to the Mortgage Loans), when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer any Seller Party or the Guarantor to the Buyer in connection with this Repurchase Agreement and the other Repurchase Facility Documents and the transactions contemplated hereby (other than with respect to the Mortgage Loans) and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Sellerany Seller Party or Guarantor, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Facility Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer for use in connection with the transactions contemplated hereby or thereby.
Appears in 3 contracts
Sources: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)
True and Complete Disclosure. The written information, reports, financial statements, exhibits and schedules (other than projections) prepared by the Borrower and furnished in writing by or to the Lender (and, to the Borrower’s knowledge, prepared on behalf of the Seller, the Servicer or the Guarantor Borrower and furnished to the Buyer Lender) in connection with the negotiation, preparation or delivery of this Repurchase Loan Agreement and the other Repurchase Loan Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor Borrower to the Buyer Lender in connection with this Repurchase Loan Agreement and the other Repurchase Loan Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Loan Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Lender for use in connection with the transactions contemplated hereby or thereby.
Appears in 2 contracts
Sources: Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)
True and Complete Disclosure. The information, reports, financial ---------------------------- statements, exhibits and schedules (including the Information Memorandum) furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor Borrowers to the Buyer Administrative Agent or any Lender in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Loan Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, whole do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor Borrowers and their Subsidiaries to the Buyer Administrative Agent and the Lenders in connection with this Repurchase Agreement and the other Repurchase Loan Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, Borrowers that could reasonably be expected to have a Material Adverse Effect (other than facts affecting the cable television industry in general) that has not been disclosed herein, in the other Repurchase Loan Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Lenders for use in connection with the transactions contemplated hereby or thereby.
Appears in 2 contracts
Sources: Credit Agreement (Mediacom Communications Corp), Credit Agreement (Mediacom Broadband Corp)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, Loan Parties to the Servicer Administrative Agent or the Guarantor to the Buyer Lenders in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Documents Loan Documents, or included herein or therein or delivered pursuant hereto or theretohereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, Loan Parties to the Servicer Administrative Agent or the Guarantor to the Buyer Lenders in connection with this Repurchase Agreement and the other Repurchase Loan Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified, it being understood that there is no assurance that any projections will be obtained. There is no fact known to a Responsible Officer of the SellerBorrower, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Loan Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Administrative Agent or the Lenders for use in connection with the transactions contemplated hereby or thereby.
Appears in 2 contracts
Sources: Credit Agreement (Global Signal Inc), Credit Agreement (Global Signal Inc)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor any North American Group Member to the Buyer Initial Noteholder or its agents or representatives in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Secured Note Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading, it being understood that in the case of projections, such projections are based on reasonable estimates, on the date as of which such information is stated or certified. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor any North American Group Member to the Buyer Initial Noteholder in connection with this Repurchase Agreement and the other Repurchase Secured Note Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Sellerany North American Group Member that, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Secured Note Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Initial Noteholder for use in connection with the transactions contemplated hereby or thereby.
Appears in 2 contracts
Sources: Secured Note Agreement (General Motors Co), Secured Note Agreement (General Motors Co)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor Borrower to the Buyer Lender in connection with the negotiation, preparation or delivery of this Repurchase Loan Agreement and the other Repurchase Loan Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, therein not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor Borrower to the Buyer Lender in connection with this Repurchase Loan Agreement and the other Repurchase Loan Documents and the transactions contemplated hereby and thereby will be true, complete correct and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the SellerBorrower that, after due inquiry, that could should reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Loan Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Lender for use in connection with the transactions contemplated hereby or thereby.
Appears in 2 contracts
Sources: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc), Amendment (CNL American Properties Fund Inc)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor Seller to the Buyer Agent in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Documents or included herein or therein or delivered pursuant hereto or theretothereto (other than with respect to the Mortgage Assets), when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor Seller to the Buyer Agent in connection with this Repurchase Agreement and the other Repurchase Documents and the transactions contemplated hereby (other than with respect to the Mortgage Assets) and thereby will be true, complete and accurate in every all material respectrespects, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, that could would reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Agent for use in connection with the transactions contemplated hereby or thereby.
Appears in 2 contracts
Sources: Master Repurchase Agreement (Gramercy Capital Corp), Master Repurchase Agreement (Gramercy Capital Corp)
True and Complete Disclosure. (a) The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the SellerNCCC, the Servicer NCMC or the Guarantor to the Buyer in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Documents or included herein or therein or delivered pursuant hereto or theretothereto (other than with respect to the Mortgage Loans), when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Sellereach of NCCC, the Servicer or the NCMC and Guarantor to the Buyer in connection with this Repurchase Agreement and the other Repurchase Documents and the transactions contemplated hereby (other than with respect to the Mortgage Loans) and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Sellereither NCCC or NCMC, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer for use in connection with the transactions contemplated hereby or thereby.
Appears in 2 contracts
Sources: Master Repurchase Agreement (New Century Financial Corp), Master Repurchase Agreement (New Century Financial Corp)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor any Covered Group Member to the Buyer Lender or its agents or representatives in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Loan Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading, it being understood that in the case of projections, such projections are based on reasonable estimates, on the date as of which such information is stated or certified. All written information furnished after the date hereof Original Effective Date by or on behalf of the Seller, the Servicer or the Guarantor any Covered Group Member to the Buyer Lender in connection with this Repurchase Agreement and the other Repurchase Loan Documents and the transactions contemplated hereby and thereby thereby, when taken as a whole, is and will be (as applicable) true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Sellerany Covered Group Member that, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Loan Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Lender for use in connection with the transactions contemplated hereby or thereby.
Appears in 2 contracts
Sources: Secured Credit Agreement (General Motors Co), Secured Credit Agreement (General Motors Co)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor Seller to the Buyer in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Documents or included herein or therein or delivered pursuant hereto or theretothereto (other than with respect to the Purchased Assets), when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor each of Seller to the Buyer in connection with this Repurchase Agreement and the other Repurchase Documents and the transactions contemplated hereby (other than with respect to the Purchased Assets) and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer for use in connection with the transactions contemplated hereby or thereby.
Appears in 1 contract
True and Complete Disclosure. The information, ---------------------------- reports, financial statements, exhibits and schedules furnished in writing by or on behalf at the direction of the Seller, the Servicer or the Guarantor New Century Parties to the Buyer Purchaser in connection with the negotiation, preparation or delivery of this Repurchase Loan Purchase Agreement and the other Repurchase Transaction Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not materially misleading. All written information furnished after the date hereof by or on behalf at the request of the Seller, the Servicer a New Century Party or the Guarantor otherwise pursuant to this Loan Purchase Agreement to the Buyer Agent in connection with this Repurchase Loan Purchase Agreement and the other Repurchase Transaction Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every all material respectrespects, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of any of the SellerNew Century Parties, after due inquiry, that could would reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Transaction Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Agent for use in connection with the transactions contemplated hereby or thereby.;
Appears in 1 contract
Sources: Loan Purchase Agreement (New Century Financial Corp)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor Loan Parties and/or Pinnacle to the Buyer Lender in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Loan Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor Loan Parties and/or Pinnacle to the Buyer Lender in connection with this Repurchase Agreement and the other Repurchase Loan Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified, it being understood that there is no assurance that any projections will be obtained. There is no fact known to a Responsible Officer of the SellerBorrower, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Loan Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Lender for use in connection with the transactions contemplated hereby or thereby.
Appears in 1 contract
Sources: Credit Agreement (Global Signal Inc)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer Seller or the Guarantor any of their Subsidiaries to the Buyer (or Agent on Buyer’s behalf) in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Program Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer Seller or the Guarantor any of its Subsidiaries to the Buyer (or Agent on Buyer’s behalf) in connection with this Repurchase Agreement and the other Repurchase Program Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Sellerthat, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Program Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer (or Agent on Buyer’s behalf) for use in connection with the transactions contemplated hereby or thereby.
Appears in 1 contract
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor Obligors to the Buyer Administrative Agent or any Lender in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Basic Documents or included herein or therein or delivered pursuant hereto or theretothereto (including, without limitation, the Information Memorandum), when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor or any of its Subsidiaries to the Buyer Administrative Agent and the Lenders in connection with this Repurchase Agreement and the other Repurchase Basic Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimatesestimates deemed in good faith to be reasonable, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, any Obligor that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Basic Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Lenders for use in connection with the transactions contemplated hereby or thereby.
Appears in 1 contract
True and Complete Disclosure. The To the best of Seller’s knowledge, the information, reports, financial statements, exhibits and schedules furnished in writing writing, or made available for viewing, by or on behalf of the Seller, the Servicer Seller or the Guarantor any of its Parent or Subsidiaries to the Buyer in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Documents Principal Agreements or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished or made available, as applicable, after the date hereof by or on behalf of the Seller, the Servicer Seller or the Guarantor any of its Parent or Subsidiaries to the Buyer in connection with this Repurchase Agreement and the other Repurchase Documents Principal Agreements and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Sellerit that, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Documents Principal Agreements or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished in writing to the Buyer for use in connection with the transactions contemplated hereby or thereby.
Appears in 1 contract
Sources: Master Repurchase Agreement (Caliber Home Loans, Inc.)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer Seller or the Guarantor WMC Finance Co. to the Buyer in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Documents or included herein or therein or delivered pursuant hereto or theretothereto (other than with respect to the Mortgage Loans), when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor Seller to the Buyer in connection with this Repurchase Agreement and the other Repurchase Documents and the transactions contemplated hereby (other than with respect to the Mortgage Loans) and thereby will be true, complete true and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer for use in connection with the transactions contemplated hereby or thereby.
Appears in 1 contract
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor each Seller to the Buyer in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Documents or included herein or therein or delivered pursuant hereto or theretothereto (other than with respect to the Mortgage Loans), when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor each Seller to the Buyer in connection with this Repurchase Agreement and the other Repurchase Documents and the transactions contemplated hereby (other than with respect to the Mortgage Loans) and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer for use in connection with the transactions contemplated hereby or thereby.
Appears in 1 contract
Sources: Master Repurchase Agreement (Hanover Capital Mortgage Holdings Inc)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the SellerBorrowers to the Lender, the Servicer Agent or any lender under the Guarantor to the Buyer Funding Credit Agreement in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Loan Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, whole do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the SellerBorrowers and their Subsidiaries to the Lender, the Servicer or Agent and the Guarantor to lenders under the Buyer Funding Credit Agreement in connection with this Repurchase Agreement and the other Repurchase Loan Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, Borrowers that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Loan Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Lender or the lenders under the Funding Credit Agreement for use in connection with the transactions contemplated hereby or thereby.
Appears in 1 contract
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor SRT to the Buyer Senior Lenders in connection with the negotiation, preparation or delivery of this Repurchase Direct Agreement and the other Repurchase Transaction Documents or included herein or therein or delivered pursuant hereto or thereto, (a) have been prepared in good faith, based upon assumptions believed by SRT to be reasonable and (b) when taken as a whole, whole do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor SRT and its Subsidiaries to the Buyer Senior Lenders in connection with this Repurchase Direct Agreement and the other Repurchase Transaction Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case DIRECT AGREEMENT of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, SRT that could reasonably be expected to have a Borrower Material Adverse Effect or an SRT Material Adverse Effect that has not been disclosed herein, in the other Repurchase Transaction Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Senior Lenders for use in connection with the transactions contemplated hereby or thereby.
Appears in 1 contract
Sources: Direct Agreement (Sr Telecom Inc)
True and Complete Disclosure. The information, reports, certificates, documents, financial statements, books, records, files, exhibits and schedules furnished in writing by or on behalf at the direction of the Seller, the Servicer or the Guarantor Seller to the Buyer Purchaser in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to that would make the statements herein or therein, in light of the circumstances under which they were made, not materially misleading. All written information furnished after the date hereof by or on behalf at the direction of the Seller, the Servicer or the Guarantor Seller to the Buyer Purchaser in connection with this Repurchase Agreement and the other Repurchase Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, Seller that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Purchaser for use in connection with the transactions contemplated hereby or thereby. Notwithstanding anything to the contrary contained in this Subsection 4.1(ff), this Subsection 4.1(ff) shall not include the matters contained on Schedule 1, which are used solely in determining Asset Value and whether a Purchased Asset is a Defaulted Asset.
Appears in 1 contract
Sources: Master Repurchase Agreement (Quadra Realty Trust, Inc.)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the SellerMCC, the Servicer or the Guarantor Borrower and itstheir respective Subsidiaries to the Buyer Administrative Agent or any Lender in connection with the negotiation, preparation or delivery of this Repurchase Agreement Agreement, the other Basic Documents and the other Repurchase Documents Information Memorandum or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not misleading. All written information furnished after the date hereof by or on behalf of the SellerMCC, the Servicer or the Guarantor Borrower and itstheir respective Subsidiaries to the Buyer Administrative Agent and the Lenders in connection with this Repurchase Agreement and the other Repurchase Basic Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, Borrower that could reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Basic Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Lenders for use in connection with the transactions contemplated hereby or thereby.
Appears in 1 contract
Sources: Amendment No. 4 and Waiver No. 2 (Morris Publishing Finance Co)
True and Complete Disclosure. The information, reports, ---------------------------- financial statements, exhibits and schedules furnished in writing by or on behalf at the direction of the Seller, the Servicer or the Guarantor Note Issuer to the Buyer Agent in connection with the negotiation, preparation or delivery of this Repurchase Note Purchase Agreement and the other Repurchase Note Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances under which they were made, not materially misleading. All written information furnished after the date hereof by or on behalf at the request of the Seller, the Servicer Note Issuer or the Guarantor otherwise pursuant to this Agreement to the Buyer Agent in connection with this Repurchase Note Purchase Agreement and the other Repurchase Note Documents and the transactions contemplated hereby and thereby will be true, complete and accurate in every all material respectrespects, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There The Administrator has certified to the Note Issuer that there is no fact known to a Responsible Officer of the SellerAdministrator, after due inquiry, that could would reasonably be expected to have a Material Adverse Effect that has not been disclosed herein, in the other Repurchase Note Documents or in a report, financial statement, exhibit, schedule, disclosure letter or other writing furnished to the Buyer Agent for use in connection with the transactions contemplated hereby or thereby.
Appears in 1 contract
Sources: Committed Note Purchase and Security Agreement (New Century Financial Corp)
True and Complete Disclosure. The information, reports, financial statements, exhibits and schedules furnished in writing by or on behalf of the Seller, the Servicer or the Guarantor Obligors to the Buyer Administra- tive Agent or any Lender in connection with the negotiation, preparation or delivery of this Repurchase Agreement and the other Repurchase Loan Documents or included herein or therein or delivered pursuant hereto or thereto, when taken as a whole, whole (together with the Information Memorandum) do not contain any untrue statement of material fact or omit to state any material fact necessary to make the statements herein or therein, in light of the circumstances circum- stances under which they were made, not misleading. All written writ- ten information furnished after the date hereof by or on behalf of the Seller, the Servicer or the Guarantor Company and its Subsidiaries to the Buyer Administrative Agent and the Lend- ers in connection with this Repurchase Agreement and the other Repurchase Documents Loan Docu- ments and the transactions contemplated hereby and thereby will be true, complete and accurate in every material respect, or (in the case of projections) based on reasonable estimates, on the date as of which such information is stated or certified. There is no fact known to a Responsible Officer of the Seller, after due inquiry, Company that could reasonably be expected to have a Material Mate- rial Adverse Effect that has not been disclosed herein, in the other Repurchase Loan Documents or in a report, financial statement, exhibitex- hibit, schedule, disclosure letter or other writing furnished to the Buyer Lenders for use in connection with the transactions contemplated con- templated hereby or thereby.
Appears in 1 contract
Sources: Credit Agreement (Advo Inc)