Trustee Representations Sample Clauses
Trustee Representations. In addition to the representations in Section 3, Party B represents to Party A (which representations will be deemed to be repeated at all times until termination of this Agreement) that:
(i) its execution and delivery of this Agreement, and of any document required or contemplated by this Agreement, and the performance of its obligations under this Agreement are authorised under the Master Trust Deed;
(ii) it is the present and only trustee of the Trust;
(iii) there is no restriction on its right of recourse or indemnity to or out of the assets for the time being of the Trust and nothing has happened which could impair its right of indemnity out of the assets of the Trust;
(iv) its entry into this Agreement is for the benefit of and in the interests of the beneficiaries of the Trust; and
(v) it is not in breach of any provision of the Master Trust Deed nor has it committed any breach of duty or trust in respect of the Trust.
Trustee Representations. The Trustee hereby represents that it has not previously entered into any amendments to the Original Indenture or previously consented to any amendments to the Original Loan Agreement. The Trustee further represents that, according to its records, $21,000,000 principal amount of the Bonds are Outstanding.
Trustee Representations. In addition to the representations in Section 3, Party B represents to Party A (which representations will be deemed to be repeated at all times until termination of this Agreement) that:
(i) its execution and delivery of this Agreement and of any document required or contemplated by this Agreement, and the performance by it of its obligations under this Agreement are authorised under the Master Trust Deed;
(ii) it is the present and only trustee of the Securitisation Fund;
(iii) subject to the Master Trust Deed and the law there is no restriction on its right of recourse or indemnity to or out of the assets for the time being of the Securitisation Fund and to the best of its knowledge and belief nothing has happened which could impair its right of indemnity out of the assets of the Securitisation Fund;
(iv) its entry into this Agreement and each Transaction in relation to the Securitisation Fund is for the benefit of and in the interests of the beneficiaries of the Securitisation Fund; and
(v) it is not in material breach of any provision of the Master Trust Deed nor has it committed any material breach of duty or trust in respect of the Securitisation Fund which has not been waived by Party A.
Trustee Representations. Trustee hereby represents and warrants to Buyer that the following statements are true, correct, complete, and not misleading as of the Effective Date of this Agreement:
Trustee Representations. If the Client enters into the Agreement as trustee of the Trust, the Client represents and warrants that:
a) it enters into and is bound by the Agreement (and each Transaction under the Agreement) in its personal capacity and as trustee of the Trust;
b) it is the sole trustee of the Trust;
c) as trustee, it is entitled to be fully indemnified out of the assets of the Trust for all obligations it incurs under the Agreement;
d) the Trust exists and is validly constituted.
Trustee Representations. 3 Section 3.02. Execution of Counterparts..............................
Trustee Representations. By Party B represents to Party A, in respect of Party B only:
(i) TRUST VALIDLY CREATED. The Fund has been validly created and is in existence at the date of this Agreement.
Trustee Representations. The Trustee hereby represents and warrants to the Company and the Beneficiary that (a) the Trustee is a corporation duly organized, validly existing and in good standing under the laws of the State of Delaware, (b) the Trustee has the corporate power and authority to execute, deliver and perform its obligations under this Agreement, (c) the Trustee has authorized the execution, delivery and performance of its obligations under this Agreement by all necessary corporate action, (d) the Trustee has duly executed and delivered this Agreement, (e) the execution, delivery and performance of this Agreement by the Trustee does not and will not violate the terms of its organizational documents or any material agreement by which it is bound, and (f) as of the effective date of this Agreement, the Trustee is not in breach of its obligations hereunder.
Trustee Representations. If an Obligor is a trust, each trustee (Trustee) represents in its personal capacity (but subject to any limitation of liability accorded to it) and as trustee of the trust that:
(a) no amendments have been made to the trust deed that have not been disclosed in writing to the Lender;
(b) the Trustees are validly appointed as, and constitute all of the trustees of, the trust;
(c) no event for the vesting of any of the trust assets has occurred and no distributions from trust assets have been made;
(d) it is entitled to be indemnified out of the trust assets in full in respect of its obligations under this Agreement;
(e) it is not in default under the trust deed;
(f) the entry into this Agreement is in the interests of the beneficiaries of the trust; and
(g) none of the assets have been mixed with other property.
Trustee Representations. Where you enter into the connection contract as trustee of any trust or settlement, you represent and warrant that: