Print Page  Close Window

SEC Filings

10-K
DITECH HOLDING CORP filed this Form 10-K on 04/16/2019
Entire Document
 

certifying that all necessary action or material governmental approvals as may be required in connection with the DIP Warehouse Facility Agreements have been obtained and are in full force and effect;
5.    Delivery of a certified copy of a good standing certificate from the jurisdiction of organization of Guarantor, each DIP Seller, each Depositor and each SAF SPV, dated within ten (10) Business Days of the Effective Date;
6.    An incumbency certificate of Guarantor, each DIP Seller, each Depositor and each SAF SPV, certifying the names, true signatures and titles of the representatives duly authorized to request transactions under and to execute the DIP Warehouse Facility Agreements, as applicable;
7.    With respect to the each Indenture:
(a)    Execution and delivery of each variable funding note issued pursuant to each Indenture for agency servicing/delinquency advances and non-agency servicing/monthly advances, each registered or submitted to be re-registered (as the case may be) in the name of Barclays and delivered to, or held for, Barclays; and
(b)    Execution and delivery of the documents listed on Part A of Schedule I hereto;
8.    Delivery from DIP Sellers’ outside counsel of the legal opinions listed on Part B of Schedule I hereto, in each case, in form and substance acceptable to Buyers;
9.    The Bankruptcy Court shall have entered the Interim DIP Order, the Interim Cash Management Order and the Interim OCB Orders in connection with the Cases, and the Interim DIP Order, the Interim Cash Management Order and the Interim OCB Orders shall be in full force and effect, and shall not have been (i) vacated, reversed, or stayed, or (ii) amended or modified except as otherwise agreed to in writing by the Administrative Agent (at the direction of the Required Buyers);
10.    No uncured Event of Default or uncured Default under any DIP Warehouse Facility Agreement shall exist;
11.    Accuracy in all material respects of representations and warranties provided by Guarantor, DIP Sellers, Depositors and SAF SPVs in the DIP Warehouse Facility Agreements;
12.    Payoff and termination of all obligations under the Prepetition Warehouse Facility Agreements, and the Administrative Agent shall have received evidence reasonably satisfactory to it with respect to such payoff and termination;
13.    No suspension or loss of any DIP Seller’s status as either (x) an approved servicer or (y) an approved issuer, with Fannie Mae, Freddie Mac, or Ginnie Mae, as applicable, and no termination of any of the GA Selling and Servicing Agreements;

16
2014058.10-NYCSR07A - MSW