Servicer’s Representations and Warranties. The Servicer represents and warrants to the Issuer as of the Closing Date, on which the Issuer is relying in purchasing the Sold Property and which will survive the sale and assignment of the Sold Property by the Depositor to the Issuer under this Agreement and the pledge of the Sold Property by the Issuer to the Indenture Trustee under the Indenture:
Servicer’s Representations and Warranties. The Servicer represents and warrants to the Depositor as of the Closing Date and each Acquisition Date:
Servicer’s Representations and Warranties. The Servicer has made the representations and warranties in Section 6.1 of the Servicing Agreement, which representations and warranties (i) the Lender, the Titling Companies and the Collateral Agent have relied on, and the Depositor and the Issuer will rely on in acquiring the 2020-A Exchange Note, and (ii) are remade as of the Exchange Note Issuance Date and will survive the sale and assignment of the 2020-A Exchange Note by Ford Credit to the Depositor under the Exchange Note Purchase Agreement and by the Depositor to the Issuer under the Exchange Note Sale Agreement and the pledge of the 2020-A Exchange Note by the Issuer to the Indenture Trustee under the Indenture.
Servicer’s Representations and Warranties. The Servicer has made the representations and warranties in Section 6.1 of the Servicing Agreement, which representations and warranties (i) the Lender, the Titling Companies and the Collateral Agent have relied on, and the Depositor and the Issuer will rely on in acquiring the 2018-B Exchange Note, and (ii) are remade as of the Exchange Note Issuance Date and will survive the sale and assignment of the 2018-B Exchange Note by Ford Credit to the Depositor and by the Depositor to the Issuer and the pledge of the 2018-B Exchange Note by the Issuer to the Indenture Trustee under the Indenture.
Servicer’s Representations and Warranties. The following representations and warranties set forth in Exhibit B to the Sales Agreement delivered by SMI: Paragraph (3), (5), (26), (34) and (40). Such representations and warranties shall be deemed to be made by the Servicer in respect of any Warehouse Mortgage Loans conveyed to the Trust, in each case, as of the date of conveyance thereto; provided, however, that any references in such representations and warranties to “SMI” shall be deemed to refer to the Servicer notwithstanding the text thereof.
Servicer’s Representations and Warranties. The following representations and warranties set forth in Exhibit B to the Sales Agreement delivered by SFM: Paragraph (3), (5), (24), (32) and (38). Such representations and warranties shall be deemed to be made by the Servicer in respect of any Warehouse Mortgage Loans conveyed to the Issuer, in each case, as of the date of conveyance thereto; provided, however, that any references in such representations and warranties to “SFM” shall be deemed to refer to the Servicer notwithstanding the text thereof.
Servicer’s Representations and Warranties. The Servicer represents and warrants to the Lender, each Titling Company and the Collateral Agent, on the date of this Agreement, and each Exchange Noteholder, on the related Exchange Note Issuance Date, on which the Lender, each Titling Company and the Collateral Agent are relying in entering into this Agreement and each Exchange Noteholder will rely in acquiring the related Exchange Note.
Servicer’s Representations and Warranties. The Servicer hereby represents and warrants to the Corporation that:
(a) The Servicer is a corporation duly organized, validly existing and in good standing under the laws of the state of its organization, is duly qualified and in good standing to transact business in the State, and possesses all requisite authority, power, licenses, permits and franchises to conduct any and all business contemplated by the Program Documents to which it is a party and to execute, deliver and comply with its obligations under the terms of the Program Documents to which it is a party, the execution, delivery and performance of which have been duly authorized by all necessary corporate action.
(b) The execution and delivery of this MRB Servicing Agreement by the Servicer in the manner contemplated herein and the performance of and compliance with the terms hereof by it will not violate (i) its certificate of incorporation or by-laws or similar organizational documents, or (ii) any laws which could have any material adverse effect whatsoever upon the validity, performance or enforceability of any of the terms of this MRB Servicing Agreement applicable to the Servicer and will not constitute a default (or an event which, with notice or lapse of time, or both, would constitute a default) under, or result in the breach of any material contract, agreement or other instrument to which the Servicer is a party or which may be applicable to it or any of its assets.
(c) The execution and delivery of this MRB Servicing Agreement by the Servicer in the manner contemplated herein and the performance and compliance with the terms hereof by it do not require the consent or approval of any governmental authority, or if such consent or approval is required, it has been obtained.
(d) This MRB Servicing Agreement, and all documents and instruments contemplated hereby, which are executed and delivered by the Servicer, will constitute valid, legal and binding obligations of the Servicer, enforceable in accordance with their respective terms, except as the enforcement thereof may be limited by applicable debtor relief laws.
(e) The Servicer is in compliance with and will comply with the non-discrimination provisions of the Civil Rights Act of 1964, the regulations promulgated thereunder, and Executive Order 11246, Equal Employment Opportunity, dated September 24, 1965.
(f) From time to time, the Servicer will report in writing to the Corporation and the Trustee information relating to the Mortgage...
Servicer’s Representations and Warranties. As of the date hereof, the Servicer represents and warrants to the Customer and the Lessor as follows:
Servicer’s Representations and Warranties. The Servicer represents and warrants the following to the Holder:
(a) The Servicer is duly organized and qualified to do business in each jurisdiction in which qualification is required for the activities contemplated by this Servicing Agreement. The execution and performance of this Servicing Agreement has been duly authorized by all necessary action and does not and will not contravene any provision of law, rule or regulation applicable to the Servicer.
(b) This Servicing Agreement constitutes a legal, valid and binding obligation of the Servicer enforceable in accordance with its terms subject to bankruptcy, insolvency and other similar laws affecting creditors’ rights generally and subject to equitable principles.
