Example ContractsClausesbreach of representation or warrantyVariants
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Representation and Warranty Breach. Any representation, warranty or certification made or deemed made herein or in any other Program Document by a [[Organization C:Organization]] or any certificate furnished to [[Organization B:Organization]] pursuant to the provisions hereof or thereof or any information with respect to the Mortgage Loans furnished in writing by or on behalf of [[Organization C:Organization]] shall prove to have been untrue or misleading in any material respect as of the time made or furnished (other than the representations and warranties set forth in [Schedule 1], which shall be considered solely for the purpose of determining the Market Value of the Purchased Assets; unless # [[Organization C:Organization]] shall have made any such representations and warranties with actual knowledge that they were materially false or misleading at the time made; or # any such representations and warranties have been determined in good faith by [[Organization B:Organization]] in its sole discretion to be materially false or misleading on a regular basis); or

Representation[[Organization C:Organization]] represents and Warranty Breach. Any representation, warranty or certification made or deemed made herein or in any other Program Document by a or any certificate furnishedwarrants to [[Organization B" data-ad-field-type="organization" data-ad-field-json='{"name":"Organization[[Organization B","type":"organization","canGuess":{"name":false,"type":false}}'>​ pursuant to the provisions hereof or thereof or any informationOrganization]], with respect to theeach Mortgage Loans furnished in writing by or on behalf of shall prove to have been untrue or misleading in any material respectLoan, that as of the time made or furnished (other thanPurchase Date for the purchase of any Purchased Mortgage Loans by [[Organization B:Organization]] from [[Organization C:Organization]] and as of the date of this Agreement and any Transaction hereunder and at all times while the Program Documents and any Transaction hereunder is in full force and effect, that the following are true and correct. For purposes of this [Schedule 1] and the representations and warranties set forth in [Schedule 1], whichherein, a breach of a representation or warranty shall be considered solely fordeemed to have been cured with respect to a Mortgage Loan if and when [[Organization C:Organization]] has taken or caused to be taken action such that the purpose of determining the Market Value of the Purchased Assets; unless # shall have made anyevent, circumstance or condition that gave rise to such breach no longer adversely affects such Mortgage Loan. With respect to those representations and warranties which are made to the best of [[Organization C:Organization]]’s knowledge, if it is discovered by [[Organization C:Organization]] or [[Organization B:Organization]] that the substance of such representation and warranty is inaccurate, notwithstanding [[Organization C:Organization]]’s lack of knowledge with actual knowledge that they were materially false or misleading atrespect to the time made; or # anysubstance of such representationsrepresentation and warranties have been determined in good faith by in its sole discretion towarranty, such inaccuracy shall be materially false or misleading ondeemed a regular basis); orbreach of the applicable representation and warranty.

RepresentationRepresentations and Warranty Breach.Warranties. Any representation, warrantywarranty, certification or certificationstatement of fact made or deemed made herein or in any other Program Document by a [[Organization C:Organization]] or any certificate furnished to [[Organization B:Organization]] pursuant to the provisions hereof or thereof or any information with respect to the Mortgage Loans furnished in writing by or on behalf of [[Organization C:Organization]]the or any other herein, in any other Loan Document, or in any document delivered in connection herewith or therewith # that is qualified by materiality shall prove to have been untruebe incorrect or misleading, and # that is not qualified by materiality shall be incorrect or misleading in any material respect as of the timerespect, in each case when made or furnished (other than the representations and warranties set forth in [Schedule 1], which shall be considered solely for the purpose of determining the Market Value of the Purchased Assets; unless # [[Organization C:Organization]] shall have made any such representations and warranties with actual knowledge that they were materially false or misleading at the timedeemed made; or # any such representations and warranties have been determined in good faith by [[Organization B:Organization]] in its sole discretion to be materially false or misleading on a regular basis); or

Representation and Warranty Breach.or Warranty. Any representation,representation or warranty or certification made or deemed made herein or in any other Program Document by a [[Organization C:Organization]] or any certificate furnished to [[Organization B:Organization]] pursuant to the provisions hereof or thereof or any information with respect to the Mortgage Loans furnished in writing by or on behalf of [[Organization C:A:Organization]] shall prove to have been untrue or misleading in any material respect as of the time made or furnished (other than the representations and warranties set forth in [Schedule 1], which shall be considered solely for the purpose of determining the Market Value of the Purchased Assets; unless # [[Organization C:Organization]] shall have made any such representations and warranties with actual knowledge that they were materially false or misleading at the time made; or # any such representations and warranties have been determined in good faith by [[Organization B:Organization]] or the Agent under or in its sole discretion toconnection with this Agreement or any certificate or information delivered in connection with this Agreement or any other Loan Document shall be materially false or misleading on a regular basis); orthe date as of which made.

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