Representations and Warranties Concerning the Servicer Sample Clauses

Representations and Warranties Concerning the Servicer. The Servicer represents and warrants to the Company and the Trustee as follows: (a) The Servicer (i) has been duly organized and is validly existing and in good standing as a corporation organized and existing under the laws of the State of Texas, (ii) has qualified to do business as a foreign corporation and is in good standing in each jurisdiction where the character of its properties or the nature of its activities makes such qualification necessary, and (iii) has full power, authority and legal right to own its property, to carry on its business as presently conducted, and to enter into and perform its obligations under this Indenture. (b) The execution and delivery by the Servicer of this Indenture are within the corporate power of the Servicer and have been duly authorized by all necessary corporate action on the part of the Servicer. Neither the execution and delivery of this Indenture, nor the consummation of the transactions herein contemplated, nor compliance with the provisions hereof, will conflict with or result in a breach of, or constitute a default under, any of the provisions of any law, governmental rule, regulation, judgment, decree or order binding on the Servicer or its properties or the charter or bylaws of the Servicer, or any of the provisions of any indenture, mortgage, contract or other instrument to which the Servicer is a party or by which it is bound or result in the creation or imposition of any lien, charge or encumbrance upon any of its property pursuant to the terms of any such indenture, mortgage, contract or other instrument. (c) The Servicer is not required to obtain the consent of any other party or consent, license, approval or authorization of, or registration or declaration with, any governmental authority, bureau or agency in connection with the execution, delivery, performance, validity or enforceability of this Indenture. (d) This Indenture has been duly executed and delivered by the Servicer and the provisions of Article Twelve hereof constitute legal, valid and binding covenants enforceable against the Servicer in accordance with their terms (subject to applicable bankruptcy and insolvency laws and other similar laws affecting the enforcement of creditors' rights generally). (e) There are no actions, suits or proceedings pending or, to the knowledge of the Servicer, threatened against or affecting the Servicer, before or by any court, administrative agency, arbitrator or governmental body with respect to any of ...