Representation of the Issuer. 9.1 The Issuer represents and warrants to the Security Trustee that: (a) the Security has not already been assigned or pledged to a third party; and (b) the Issuer has not established any third-party rights on or in connection with the Security. 9.2 The Issuer shall pay damages pursuant to sections 280(1) and 280(3) of the German Civil Code (Bürgerliches Gesetzbuch) (Schadensersatz statt der Leistung) if the legal existence of the Security transferred for security purposes in accordance with this Agreement and/or the Deed of Charge and Assignment is invalid as a consequence of any action or omission by the Issuer contrary to clause 9.1.
Appears in 4 contracts
Sources: Trust Agreement, Trust Agreement, Trust Agreement
Representation of the Issuer. 9.1 The Issuer represents and warrants to the Security Trustee that:
(a) the Security has not already been assigned or pledged to a third party; and
(b) the Issuer has not established any third-party rights on or in connection with the Security.
9.2 The Issuer shall pay damages pursuant to sections 280(1) and 280(3) of the German Civil Code (Bürgerliches Gesetzbuch) (Schadensersatz statt der Leistung) if the legal existence of the Security transferred for security purposes in accordance with this Agreement and/or the Deed of Charge and Assignment is invalid as a consequence of any action or omission by the Issuer contrary to clause 9.1.
Appears in 2 contracts
Sources: Trust Agreement, Master Agreement
Representation of the Issuer. 9.1 The Issuer represents and warrants to the Security Trustee that:
(a) the Security granted hereunder has not already been assigned assigned, pledged or pledged otherwise encumbered to a third partyparty by the Issuer; and
(b) the Issuer has not established any third-party rights on or in connection with the Security.
9.2 The Issuer shall pay damages pursuant to sections section 280(1) and in connection with section 280(3) of the German Civil Code (Bürgerliches Gesetzbuch) (Schadensersatz statt der Leistung) of the German Civil Code if the legal existence of the Security transferred for security purposes in accordance with this Agreement and/or the Deed of Charge and Assignment is invalid as a consequence of any an action or omission by the Issuer contrary to clause 9.19.1 above.
Appears in 2 contracts
Sources: Trust Agreement, Trust Agreement
Representation of the Issuer. 9.1 The Issuer represents and warrants warrantes to the Security Trustee that:
(a) the Security granted hereunder has not already been assigned assigned, pledged or pledged otherwise encumbered to a third partyparty by the Issuer; and
(b) the Issuer has not established any third-party rights on or in connection with the Security.
9.2 The Issuer shall pay damages pursuant to sections section 280(1) and in connection with section 280(3) of the German Civil Code (Bürgerliches Gesetzbuch) (Schadensersatz statt der Leistung) of the German Civil Code if the legal existence of the Security transferred for security purposes in accordance with this Agreement and/or the Deed of Charge and Assignment is invalid as a consequence of any an action or omission by the Issuer contrary to clause 9.19.1 above.
Appears in 1 contract
Sources: Trust Agreement
Representation of the Issuer. 9.1 The Issuer represents and warrants to the Security Trustee that:
(a) the Security granted hereunder has not already been assigned assigned, pledged or pledged otherwise encumbered to a third partyparty by the Issuer; and
(b) the Issuer has not established any third-party rights on or in connection with the Security.
9.2 The Issuer shall pay damages pursuant to sections section 280(1) and in connection with section 280(3) of the German Civil Code (Bürgerliches Gesetzbuch) (Schadensersatz statt der Leistung) of the German Civil Code if the legal existence of the Security transferred for security purposes in accordance with this Agreement and/or the Deed of Charge and Assignment is invalid as a consequence of any an action or omission by the Issuer contrary to clause 9.19.1 above (Representation of the Issuer).
Appears in 1 contract
Sources: Trust Agreement
Representation of the Issuer. 9.1 The Issuer represents and warrants warrantes to the Security Trustee that:
(a) the Security granted hereunder has not already been assigned assigned, pledged or pledged otherwise encumbered to a third partyparty by the Issuer; and
(b) the Issuer has not established any third-party rights on or in connection with the Security.
9.2 The Issuer shall pay damages pursuant to sections section 280(1) and in connection with section 280(3) of the German Civil Code (Bürgerliches Gesetzbuch) (Schadensersatz statt der Leistung) of the German Civil Code if the legal existence of the Security transferred for security purposes in accordance with this Agreement and/or the Deed of Charge and Assignment is invalid as a consequence of any an action or omission by the Issuer contrary to clause 9.19.1 above.
Appears in 1 contract
Sources: Trust Agreement