Representations of Trustee. The Trustee represents that: The representations of the Trustee in Section 6.01(a) of the Master Trust Indenture are correct and are affirmed as of the date hereof. The execution, delivery and performance of this First Supplemental Indenture by the Trustee have been duly authorized by the Trustee. Assuming the enforceability of the Master Indenture against the Transportation Enterprise, the Master Indenture is enforceable against the Trustee in accordance with its terms, limited only by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights generally, by equitable principles, whether considered at law or in equity, by the exercise by the State and its governmental bodies of the police power inherent in the sovereignty of the State and by the exercise by the United States of the powers delegated to it by the Constitution of the United States. The execution, delivery and performance of the terms of the Master Indenture by the Trustee does not and will not conflict with or result in a violation or a breach of any law or the terms, conditions or provisions of any restriction or any agreement or instrument to which the Trustee is now a party or by which the Trustee is bound, or constitute a default under any of the foregoing or, except as specifically provided in the Master Indenture, result in the creation or imposition of a lien or encumbrance whatsoever upon the Trust Estate or any of the property or assets of the Trustee. There is no litigation or proceeding pending or threatened against the Trustee affecting the right of the Trustee to execute, deliver or perform its obligations under the Master Indenture. Except for actions to be taken pursuant to the terms of the Master Trust Indenture and this First Supplemental Indenture, all conditions to the execution and delivery of this First Supplemental Indenture by the Trustee have been satisfied. MISCELLANEOUS
Appears in 1 contract
Sources: First Supplemental Trust Indenture
Representations of Trustee. The Trustee represents that: that:
(a) The representations of the Trustee in Section 6.01(a) of the Master Trust Indenture are correct and are affirmed as of the date hereof. .
(b) The execution, delivery and performance of this First Second Supplemental Indenture by the Trustee have been duly authorized by the Trustee. .
(c) Assuming the enforceability of the Master Indenture against the Transportation Enterprise, the Master Indenture is enforceable against the Trustee in accordance with its terms, limited only by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights generally, by equitable principles, whether considered at law or in equity, by the exercise by the State and its governmental bodies of the police power inherent in the sovereignty of the State and by the exercise by the United States of the powers delegated to it by the Constitution of the United States. .
(d) The execution, delivery and performance of the terms of the Master Indenture by the Trustee does not and will not conflict with or result in a violation or a breach of any law or the terms, conditions or provisions of any restriction or any agreement or instrument to which the Trustee is now a party or by which the Trustee is bound, or constitute a default under any of the foregoing or, except as specifically provided in the Master Indenture, result in the creation or imposition of a lien or encumbrance whatsoever upon the Trust Estate or any of the property or assets of the Trustee. .
(e) There is no litigation or proceeding pending or threatened against the Trustee affecting the right of the Trustee to execute, deliver or perform its obligations under the Master Indenture. .
(f) Except for actions to be taken pursuant to the terms of the Master Trust Indenture and this First Second Supplemental Indenture, all conditions to the execution and delivery of this First Second Supplemental Indenture by the Trustee have been satisfied. MISCELLANEOUS.
Appears in 1 contract
Sources: Trust Indenture
Representations of Trustee. The Trustee represents that: :
(a) The representations of the Trustee in Section 6.01(a) of the Master Trust Indenture are correct and are affirmed as of the date hereof. .
(b) The execution, delivery and performance of this First Supplemental Indenture by the Trustee have been duly authorized by the Trustee. .
(c) Assuming the enforceability of the Master Indenture against the Transportation Enterprise, the Master Indenture is enforceable against the Trustee in accordance with its terms, limited only by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights generally, by equitable principles, whether considered at law or in equity, by the exercise by the State and its governmental bodies of the police power inherent in the sovereignty of the State and by the exercise by the United States of the powers delegated to it by the Constitution of the United States. .
(d) The execution, delivery and performance of the terms of the Master Indenture by the Trustee does not and will not conflict with or result in a violation or a breach of any law or the terms, conditions or provisions of any restriction or any agreement or instrument to which the Trustee is now a party or by which the Trustee is bound, or constitute a default under any of the foregoing or, except as specifically provided in the Master Indenture, result in the creation or imposition of a lien or encumbrance whatsoever upon the Trust Estate or any of the property or assets of the Trustee. .
(e) There is no litigation or proceeding pending or threatened against the Trustee affecting the right of the Trustee to execute, deliver or perform its obligations under the Master Indenture. .
(f) Except for actions to be taken pursuant to the terms of the Master Trust Indenture and this First Supplemental Indenture, all conditions to the execution and delivery of this First Supplemental Indenture by the Trustee have been satisfied. MISCELLANEOUS.
Appears in 1 contract
Sources: First Supplemental Trust Indenture