Further Representations of the Trust Sample Clauses

The 'Further Representations of the Trust' clause requires the parties involved, typically the trustees, to make additional statements or assurances about the trust's status, assets, or operations beyond those already provided. In practice, this may involve confirming the trust's continued existence, the accuracy of its records, or the authority of the trustees to act on behalf of the trust. This clause serves to provide ongoing assurance to other parties, such as beneficiaries or third parties, thereby reducing the risk of misunderstandings or disputes regarding the trust's legitimacy or the trustees' powers.
Further Representations of the Trust. (i) The Class A-4 Notes are rated "Aaa" by Moody's Investor Services, Inc., "AAA" by S&P an▇ "▇▇▇" by Fitch Ratings as to the timely payment of interest and principal and without regard to third party credit enhancement. (ii) All conditions precedent to the issuance of the Notes under the Indenture have been satisfied. (iii) Each of the documents to which it is a party has been duly authorized, executed and delivered by it. (iv) Assuming the due authorization, execution and delivery thereof by the other parties thereto, each of the Indenture and the other documents to which the Trust is a party constitutes the legal, valid and binding obligations of the Trust, enforceable against the Trust in accordance with the terms thereof, subject to applicable bankruptcy, insolvency and similar laws or legal principles affecting creditors' rights generally, and subject, as to enforceability, to general principles of equity regardless of whether enforcement is sought in a proceeding in equity or at law. (v) The Indenture and the other documents to which the Trust is a party are in full force and effect on the date hereof and there have been no amendments or waivers or modifications of any of the terms thereof since the original execution and delivery of the Indenture and the other documents to which the Trust is a party, except such as may have been delivered to the Trust. (vi) To the best of its knowledge no event of default or event which would with the passage of time or the giving of notice constitute an event of default has occurred and is continuing under any of the documents to which the Trust is a party.
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Further Representations of the Trust. (i) Each of the Class A-2 Notes, Class A-3 Notes, Class A-4 Notes and Class B Notes are rated "Aaa" by Moody's, "AAA" by S&P and "AAA" by Fitch as to th▇ ▇▇▇▇▇y payment of interest and principal and without regard to third party credit enhancement.
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Further Representations of the Trust. (i) Each of the Class A-2 Notes and the Class A-3 Notes are rated "Aaa" by Moody's Investor Services, Inc., "AAA" by Stan▇▇▇▇ ▇▇d Poor's, and "AAA" by Fitch as to the timely payment of interest and principal and without regard to third party credit enhancement. (ii) All conditions precedent to the issuance of the Notes under the Indenture have been satisfied. (iii) Each of the documents to which it is a party has been duly authorized, executed and delivered by it. (iv) Assuming the due authorization, execution and delivery thereof by the other parties thereto, each of the Indenture and the other documents to which the Trust is a party constitutes the legal, valid and binding obligations of the Trust, enforceable against the Trust in accordance with the terms thereof, subject to applicable bankruptcy, insolvency and similar laws or legal principles affecting creditors' rights generally, and subject, as to enforceability, to general principles of equity regardless of whether enforcement is sought in a proceeding in equity or at law. (v) The Indenture and the other documents to which the Trust is a party are in full force and effect on the date hereof and there have been no amendments or waivers or modifications of any of the terms thereof since the original execution and delivery of the Indenture and the other documents to which the Trust is a party, except such as may have been delivered to the Trust. (vi) To the best of its knowledge no event of default or event which would with the passage of time or the giving of notice constitute an event of default has occurred and is continuing under any of the documents to which the Trust is a party.
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Further Representations of the Trust. The Notes are rated _____ by ▇▇▇▇▇'▇ Investor Services, Inc., _____ by Standard and Poor's, and _____ by Fitch as to the timely payment of interest and principal and without regard to third party credit enhancement.
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Further Representations of the Trust. (i) The Class A-3 Notes are rated "Aaa" by Moody's Investor Services, Inc., "AAA" by S&P and "AAA" ▇▇ ▇▇▇▇h Ratings as to the timely payment of interest and principal and without regard to third party credit enhancement. (ii) The Class A-4 Notes are rated "Aaa" by Moody's Investor Services, Inc., "AAA" by S&P and "AAA" ▇▇ ▇▇▇▇h Ratings as to the timely payment of interest and principal and without regard to third party credit enhancement. (iii) The Class B Notes are rated "[Aa3]" by Moody's Investor Services, Inc., "AA" by S&P and "AA" by ▇▇▇▇▇ Ratings as to the timely payment of interest and principal and without regard to third party credit enhancement. (iv) The Class C Notes are rated "[A1]" by Moody's Investor Services, Inc., "A" by S&P and "A" by F▇▇▇▇ ▇▇tings as to the timely payment of interest and principal and without regard to third party credit enhancement.
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Related to Further Representations of the Trust

  • REPRESENTATIONS OF THE TRUST The Trust certifies to Ultimus that: (1) as of the close of business on the Effective Date, each Portfolio that is in existence as of the Effective Date has authorized unlimited shares, and (2) this Agreement has been duly authorized by the Trust and, when executed and delivered by the Trust, will constitute a legal, valid and binding obligation of the Trust, enforceable against the Trust in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties.

  • Representations of the Manager The Manager represents, warrants and agrees that: (i) Manager is a Delaware limited liability company established pursuant to the laws of the State of Delaware; (ii) Manager is duly registered as an “investment adviser” under the Investment Advisers Act of 1940 (“Advisers Act”); (iii) Manager has been duly appointed by the Trustees and Shareholders of the Fund to provide investment services to the Fund as contemplated by the Management Contract. (iv) the execution, delivery and performance of this Agreement are within Manager’s powers, have been and remain duly authorized by all necessary corporate action and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on Manager; (v) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; and (vi) this Agreement constitutes a legal, valid and binding obligation enforceable against Manager.

  • Representations of the Custodian The Custodian hereby represents that it is a depository institution subject to supervision or examination by a federal or state authority, has a combined capital and surplus of at least $15,000,000 and is qualified to do business in the jurisdictions in which it will hold any Mortgage File.

  • Representations and Warranties of the Trustee The Trustee hereby represents and warrants, on the Transfer Date, that: (a) the Trustee has full power, authority and legal right to receive the Trust Property assigned by the Related Trustee, assume the obligations under, and perform, the Assignment and Assumption Agreement, this Trust Supplement, the Intercreditor Agreement, the Escrow Agreement, the NPA and the Note Documents to which it is a party and has taken all necessary action to authorize such receipt, assumption and performance by it of this Trust Supplement, the Intercreditor Agreement, the Escrow Agreement, the NPA and the Note Documents to which it is a party; (b) the receipt of the Trust Property under the Assignment and Assumption Agreement and the performance by the Trustee of the Assignment and Assumption Agreement, this Trust Supplement, the Intercreditor Agreement, the Escrow Agreement, the NPA and the Note Documents to which it is a party (i) will not violate any provision of any United States federal law or the law of the state of the United States where it is located governing the banking and trust powers of the Trustee or any order, writ, judgment, or decree of any court, arbitrator or governmental authority applicable to the Trustee or any of its assets, (ii) will not violate any provision of the articles of association or by-laws of the Trustee, and (iii) will not 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 the provisions of any mortgage, indenture, contract, agreement or other undertaking to which it is a party, which violation, default or lien could reasonably be expected to have an adverse effect on the Trustee’s performance or ability to perform its duties hereunder or thereunder or on the transactions contemplated herein or therein; (c) the receipt of the Trust Property under the Assignment and Assumption Agreement and the performance by the Trustee of the Assignment and Assumption Agreement, this Trust Supplement, the Intercreditor Agreement, the Escrow Agreement, the NPA and the Note Documents to which it is a party will not require the authorization, consent, or approval of, the giving of notice to, the filing or registration with, or the taking of any other action in respect of, any governmental authority or agency of the United States or the state of the United States where it is located regulating the banking and corporate trust activities of the Trustee; and (d) the Assignment and Assumption Agreement has been duly executed and delivered by the Trustee and this Trust Supplement, the Intercreditor Agreement, the Escrow Agreement, the NPA and the Note Documents to which it is a party have been, or will be, as applicable, duly executed and delivered by the Trustee and constitute, or will constitute, as applicable, the legal, valid and binding agreements of the Trustee, enforceable against it in accordance with their respective terms; provided, however, that enforceability may be limited by (i) applicable bankruptcy, insolvency, reorganization, moratorium or similar laws affecting the rights of creditors generally and (ii) general principles of equity.

  • Representations and Warranties of the Trust The Trust hereby represents and warrants to the Custodian, which representations and warranties shall be deemed to be continuing throughout the term of this Agreement, that: (a) It is duly organized and existing under the laws of the jurisdiction of its organization, with full power to carry on its business as now conducted, to enter into this Agreement and to perform its obligations hereunder; (b) This Agreement has been duly authorized, executed and delivered by the Trust in accordance with all requisite action and constitutes a valid and legally binding obligation of the Trust, enforceable in accordance with its terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties; and (c) It is conducting its business in compliance in all material respects with all applicable laws and regulations, both state and federal, and has obtained all regulatory approvals necessary to carry on its business as now conducted; there is no statute, rule, regulation, order or judgment binding on it and no provision of its charter, bylaws or any contract binding it or affecting its property which would prohibit its execution or performance of this Agreement.