Representations and Warranties of the Originator. In order to induce the Company to enter into this Agreement and to make purchases hereunder, the Originator hereby makes, with respect to itself, the representations and warranties set forth in this Article V.
Representations and Warranties of the Originator. The Originator hereby represents and warrants to the other parties hereto as of the Closing Date that:
(a) The Originator has been duly organized and is validly existing as a limited liability company in good standing under the laws of Florida, with full power and authority to own its assets and conduct its business as presently being conducted.
(b) The Originator has the full power and authority to execute and deliver this Agreement and to perform its obligations hereunder, and the execution, delivery and performance of this Agreement (including all instruments of transfer to be delivered pursuant to this Agreement) by the Originator and the consummation of the transactions contemplated hereby have been duly and validly authorized.
(c) This Agreement constitutes a legal, valid and binding obligation of the Originator, enforceable against the Originator in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws now or hereafter in effect affecting the enforcement of creditors’ rights in general and except as such enforceability may be limited by general principles of equity (whether considered in a proceeding at law or in equity).
(d) None of the execution and delivery of this Agreement, the transactions contemplated hereby, or the fulfillment of, or compliance with the terms and conditions of this Agreement will conflict with or result in a breach of any of the terms, certificate of formation, operating agreement or any legal restriction or any agreement or instrument to which the Originator is now a party or by which it is bound, or constitute a default or result in the violation of any law, rule, regulation, order, judgment or decree to which Originator or its property is subject, or impair the ability of the Trust to realize on the Mortgage Loans, or impair the value of the Mortgage Loans.
(e) No consent, approval, authorization or order of any court or governmental agency or body is required for the execution, delivery and performance by the Originator of or compliance by the Originator with this Agreement, or if required, such consent, approval, authorization or order has been obtained prior to the related Closing Date.
(f) There is no action, suit, proceeding or investigation pending or to its knowledge threatened against the Originator which, either individually or in the aggregate, may result in any material adverse change in the business, operations,...
Representations and Warranties of the Originator. The Originator makes the following representations and warranties as to the Subsequent Receivables and the other Transferred Property relating thereto on which the Transferor relies in accepting the Subsequent Receivables and the other Transferred Property relating thereto and on which the Note Insurer will rely in issuing the Policy. Such representations and warranties speak as of the execution and delivery of this Agreement, but shall survive the sale, transfer, and assignment of the Subsequent Receivables and the other Transferred Property relating thereto to the Transferor and the subsequent assignment and transfer pursuant to the Sale and Servicing Agreement:
Representations and Warranties of the Originator. The Originator represents and warrants that each representation and warranty concerning it or the Receivables that is contained in the Receivables Loan Agreement is true and correct and that:
Representations and Warranties of the Originator. In order to induce the Buyer to enter into this Agreement and to make Purchases hereunder, the Originator hereby makes the representations and warranties set forth in this Section 6.1, in each case as of the date hereof, as of the Closing Date, as of the date of each Purchase hereunder and as of any other date specified in such representation and warranty.
Representations and Warranties of the Originator. The ------------------------------------------------ Originator will represent and warrant, as of each Series Issuance Date, the following:
(a) the Originator has full power and authority, and has taken all action necessary, to execute and deliver this Trust Agreement and any Trust Supplement and to fulfill its obligations under, and to consummate the transactions contemplated by, this Trust Agreement and any Trust Supplement;
(b) the making and performance by the Originator of this Trust Agreement and any Trust Supplement and all documents required to be executed and delivered by it hereunder do not and will not violate any law or regulation of the jurisdiction of its organization or any other law or regulation applicable to it or violate any provision of, or constitute, with or without notice or lapse of time, a default under, or result in the creation or imposition of any lien on any properties included in the Trust Property pursuant to, any mortgage, indenture, contract, agreement or other undertaking to which it is a party;
(c) this Trust Agreement and any Trust Supplement have been duly executed and delivered by the Originator and constitute its legal, valid and binding obligations, enforceable in accordance with their terms;
(d) all consents, licenses, approvals, authorizations, exemptions, registrations, filings, opinions and declarations from or with any agency, department, administrative authority, statutory corporation or judicial entity necessary for the validity or enforceability of its obligations under this Trust Agreement and any Trust Supplement have been obtained, and no governmental authorizations other than any already obtained are required in connection with the execution, delivery and performance of this Trust Agreement and any Trust Supplement; and
(e) the representations and warranties in Section 11.01 are true and correct.
Representations and Warranties of the Originator. The Originator, as Originator and Servicer, hereby represents and warrants as follows:
Representations and Warranties of the Originator. (a) The Originator hereby represents and warrants to the Purchaser as of the date hereof and as of the Closing Date:
Representations and Warranties of the Originator. The Originator makes the following representations and warranties as of the date hereof, on which the Depositor relies in purchasing the Receivables and the Other Conveyed Property, on which the Issuer will rely in purchasing the Receivables and the Other Conveyed Property and on which the Insurer will rely in issuing the Note Policy. Such representations are made as of the execution and delivery of this Agreement, but will survive the sale, transfer and assignment of the Receivables and the Other Conveyed Property hereunder, and the sale, transfer and assignment thereof by the
Representations and Warranties of the Originator. The Originator represents and warrants as follows:
