Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Noteholders that: (a) the Trustee is a national banking association, organized, existing and in good standing under the laws of the United States; (b) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Transaction Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Notes; (c) this Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and (d) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a).
Appears in 9 contracts
Sources: Omnibus Amendment (Fat Brands, Inc), Base Indenture (Twin Hospitality Group Inc.), Base Indenture (Fat Brands, Inc)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Noteholders Secured Parties that:
(ai) the Trustee is a national banking association, association with trust powers duly organized, existing and authorized to engage in good standing the business of banking under the laws Laws of the United States;
(bii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, Indenture and any Series Supplement issued concurrently with this Base Indenture and each other Transaction Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, Indenture and any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Notes;
(ciii) this Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(div) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a)11.9.
Appears in 9 contracts
Sources: Base Indenture (Oportun Financial Corp), Base Indenture (Oportun Financial Corp), Base Indenture (Oportun Financial Corp)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer Co-Issuers and the Noteholders that:
(a) the Trustee is a national banking association, organized, existing and in good standing under the laws of the United States;
(b) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Transaction Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Notes;
(c) this Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(d) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a).
Appears in 5 contracts
Sources: Base Indenture (Dine Brands Global, Inc.), Base Indenture Amendment (Driven Brands Holdings Inc.), Amendment No. 5 to the Amended and Restated Base Indenture (Driven Brands Holdings Inc.)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer Co-Issuers and the Noteholders that:
(a) the Trustee is a national banking association, organized, existing and in good standing under the laws of the United States;
(b) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Transaction Related Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Related Document and to authenticate the Notes;
(c) this Base Indenture and each other Transaction Related Document to which it is a party has been duly executed and delivered by the Trustee; and
(d) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a).
Appears in 4 contracts
Sources: Sixth Supplement to Amended and Restated Base Indenture (Dominos Pizza Inc), Base Indenture (DineEquity, Inc), Base Indenture (Iconix Brand Group, Inc.)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Noteholders Secured Parties that:
(ai) the Trustee is a national banking association, corporation duly organized, existing and authorized to engage in good standing the business of banking under the laws Laws of the United StatesState of New York;
(bii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, Indenture and any Series Supplement issued concurrently with this Base Indenture and each other Transaction Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, Indenture and any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Notes;
(ciii) this Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(div) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a)11.9.
Appears in 2 contracts
Sources: Base Indenture (Oportun Financial Corp), Base Indenture (Oportun Financial Corp)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer Co-Issuers, each Insurer and the Noteholders that:
(a) the The Trustee is a national banking association, organized, existing and in good standing under the laws of the United States;
(b) the The Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Transaction Related Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Related Document and to authenticate the Notes;
(c) this This Base Indenture and each other Transaction Related Document to which it is a party has been duly executed and delivered by the Trustee; and
(d) the The Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a)10.8.
Appears in 2 contracts
Sources: Base Indenture (Sonic Corp), Base Indenture (Dominos Pizza Inc)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer ZVF and the Indenture Noteholders that:
(ai) the The Trustee is a national New York banking associationcorporation, duly organized, existing and in good standing under the laws of the United StatesState of New York;
(bii) the The Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, Indenture and any Series Supplement issued concurrently with this Base Indenture and each other Transaction Document to which it is a party and to authenticate the Indenture Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, Indenture and any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Indenture Notes;
(ciii) this This Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(div) the The Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a)10.8.
Appears in 2 contracts
Sources: Base Indenture (Zipcar Inc), Base Indenture (Zipcar Inc)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Noteholders Secured Parties that:
(ai) the Trustee is a national banking association, association duly organized, existing and authorized to engage in good standing the business of banking under the laws of the United StatesStates of America;
(bii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, Indenture and any Series Supplement issued concurrently with this Base Indenture and each other Transaction Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, Indenture and any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Notes;
(ciii) this Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(div) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a)12.9.
Appears in 2 contracts
Representations and Warranties of Trustee. The Trustee represents and warrants to the Master Issuer and the Noteholders that:
(a) the Trustee is a national banking association, organized, existing and in good standing under the laws of the United States;
(b) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Transaction Related Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Related Document and to authenticate the Notes;
(c) this Base Indenture and each other Transaction Related Document to which it is a party has been duly executed and delivered by the Trustee; and
(d) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a).
Appears in 2 contracts
Sources: Base Indenture (Wendy's Co), Base Indenture (Dunkin' Brands Group, Inc.)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Noteholders Secured Parties that:
(ai) the Trustee is a national banking association, association duly organized, existing and authorized to engage in good standing the business of banking under the laws of the United StatesStates of America;
(bii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, Indenture and any Series Supplement issued concurrently with this Base Indenture and each other Transaction Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, Indenture and any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Notes;
(ciii) this Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(div) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a)11.9.
Appears in 1 contract
Sources: Base Indenture (Conns Inc)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer Issuers and the Noteholders as of the Closing Date that:
(a) the Trustee is a national New York banking association, corporation organized, existing and in good standing under the laws of the United States;
(b) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Transaction Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Notes;
(c) this Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(d) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a) (other than subclause (iv) therein as to which no representation or warranty by the Trustee is given).
Appears in 1 contract
Sources: Base Indenture (SPRINT Corp)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer CPF and the Noteholders Secured Parties that:
(ai) the The Trustee is a national banking association, organized, existing and in good standing under the laws of the United States;
(bii) the The Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, Indenture and the Series Supplement for any Series Supplement of Notes issued concurrently with this Base Indenture and each other Transaction Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, Indenture and the Series Supplement for any Series Supplement of Notes issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Notes;
(ciii) this This Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(div) the The Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a)10.8.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer and the Noteholders Secured Parties that:
(ai) the Trustee is a national banking association, corporation duly organized, existing and authorized to engage in good standing the business of banking under the laws of the United StatesState of New York;
(bii) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, Master Trust Indenture and any Series Supplement issued concurrently with this Base Indenture and each other Transaction Document to which it is a party issued concurrently with this Indenture and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, Master Trust Indenture and any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Document and to authenticate the Notes;
(ciii) this Base Indenture and each other Transaction Document to which it is a party has been duly executed and delivered by the Trustee; and
(div) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a)11.9.
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Master Issuer and the Noteholders Holders that:
(a) the Trustee is a national banking association, organized, existing and in good standing under the laws of the United States;
(b) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Transaction Related Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Related Document and to authenticate the Notes;
(c) this Base Indenture and each other Transaction Related Document to which it is a party has been duly executed and delivered by the Trustee; and
(d) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a).
Appears in 1 contract
Representations and Warranties of Trustee. The Trustee represents and warrants to the Issuer Co-Issuers and the Noteholders that:
(a) the Trustee is a national banking association, organized, existing and in good standing under the laws of the United States;
(b) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Transaction Related Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Related Document and to authenticate the Notes;
(c) this Base Indenture and each other Transaction Related Document to which it is a party has been duly executed and delivered by the Trustee; and
(d) the The Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a).
Appears in 1 contract
Sources: Base Indenture (Sonic Corp)
Representations and Warranties of Trustee. The Trustee represents and warrants to the Master Issuer and the Noteholders Holders that:
(a) the Trustee is a national banking association, organized, existing and in good standing under the laws of the United States;
(b) the Trustee has full power, authority and right to execute, deliver and perform this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and each other Transaction Related Document to which it is a party and to authenticate the Notes, and has taken all necessary action to authorize the execution, delivery and performance by it of this Base Indenture, any Series Supplement issued concurrently with this Base Indenture and any such other Transaction Related Document and to authenticate the Notes;
(c) this Base Indenture and each other Transaction Related Document to which it is a party has been duly executed and delivered by the Trustee; and
(d) the Trustee meets the requirements of eligibility as a trustee hereunder set forth in Section 10.8(a10.08(a).
Appears in 1 contract