Amendments; Miscellaneous. (i) The Borrower shall furnish to the Surety Provider, the Trustee, the Custodian, each Managing Agent and the Agent copies of the form of each proposed amendment to the Trust Agreement, the Master Servicing Agreement or the Subservicing Agreement at least 60 days prior to the proposed date of adoption of any such proposed amendment. (ii) The Borrower will at all times hold itself out to the public under the Borrower’s own name and as a separate and distinct entity from Xxxxxx Industries, Inc. and any of its Affiliates. (iii) The Borrower will at all times be responsible for the payment of all its obligations and indebtedness, will at all times maintain a business office, records, books of account, and funds separate from the Depositor and will observe all customary formalities of independent existence. (iv) To the extent such compliance involves questions of law, the Borrower shall be deemed in compliance with the requirements of any provision of this paragraph (l) if it is acting in accordance with an opinion of counsel as to such requirements.
Appears in 1 contract
Samples: Variable Funding Loan Agreement (Walter Industries Inc /New/)
Amendments; Miscellaneous. (i) The Borrower shall furnish to the Surety Provider, the Trustee, the Custodian, each Managing Collateral Agent and the Agent Lender copies of the form of each proposed amendment to the Trust Agreement, the Master Servicing Agreement or the Subservicing Agreement at least 60 days prior to the proposed date of adoption of any such proposed amendment.
(ii) The Borrower will at all times hold itself out to the public under the Borrower’s 's own name and as a separate and distinct entity from Xxxxxx Industries, Inc. and any of its Affiliates.
(iii) The Borrower will at all times be responsible for the payment of all its obligations and indebtedness, will at all times maintain a business office, records, books of account, and funds separate from the Depositor and will observe all customary formalities of independent existence.
(iv) To the extent such compliance involves questions of law, the Borrower shall be deemed in compliance with the requirements of any provision of this paragraph (l) if it is acting in accordance with an opinion of counsel as to such requirements.
Appears in 1 contract
Samples: Variable Funding Loan Agreement (Walter Industries Inc /New/)
Amendments; Miscellaneous. (i) The Borrower shall furnish to the Surety Provider, the Trustee, the CustodianCollateral Agent, each Managing Agent and the Agent copies of the form of each proposed amendment to the Trust Agreement, the Master Servicing Agreement or the Subservicing Agreement at least 60 days prior to the proposed date of adoption of any such proposed amendment.
(ii) The Borrower will at all times hold itself out to the public under the Borrower’s own name and as a separate and distinct entity from Xxxxxx Industries, Inc. and any of its Affiliates.
(iii) The Borrower will at all times be responsible for the payment of all its obligations and indebtedness, will at all times maintain a business office, records, books of account, and funds separate from the Depositor and will observe all customary formalities of independent existence.
(iv) To the extent such compliance involves questions of law, the Borrower shall be deemed in compliance with the requirements of any provision of this paragraph (l) if it is acting in accordance with an opinion of counsel as to such requirements.
Appears in 1 contract
Samples: Variable Funding Loan Agreement (Walter Industries Inc /New/)
Amendments; Miscellaneous. (i) The Borrower shall furnish to the Surety Provider, the Trustee, the Custodian, each Managing Collateral Agent and the Agent copies of the form of each proposed amendment to the Trust Agreement, the Master Servicing Agreement, the Back-up Servicing Agreement or the Subservicing Agreement at least 60 sixty (60) days prior to the proposed date of adoption of any such proposed amendment.
(ii) The Borrower will at all times hold itself out to the public under the Borrower’s 's own name and as a separate and distinct entity from Xxxxxx Walter Industries, Inc. and any of its Affiliatesitx Xxxxliates.
(iii) The Borrower will at all times be responsible for the payment of all its obligations and indebtedness, will at all times maintain a business office, records, books of account, and funds separate from the Depositor and will observe all customary formalities of independent existence.
(iv) To the extent such compliance involves questions of law, the Borrower shall be deemed in compliance with the requirements of any provision of this paragraph (l) if it is acting in accordance with an opinion of counsel as to such requirements.
Appears in 1 contract
Samples: Variable Funding Loan Agreement (Walter Industries Inc /New/)
Amendments; Miscellaneous. (i) The Borrower shall furnish to the Surety ProviderCustodian, the Trustee, the Custodian, each Managing Agent Trustee and the Agent copies of the form of each proposed amendment to the Trust Agreement, the Master Servicing Agreement, the Back-up Servicing Agreement or the Subservicing Agreement at least 60 sixty (60) days prior to the proposed date of adoption of any such proposed amendment.
(ii) The Borrower will at all times hold itself out to the public under the Borrower’s own name and as a separate and distinct entity from Xxxxxx Industries, Inc. and any of its Affiliates.
(iii) The Borrower will at all times be responsible for the payment of all its obligations and indebtedness, will at all times maintain a business office, records, books of account, and funds separate from the Depositor and will observe all customary formalities of independent existence.
(iv) To the extent such compliance involves questions of law, the Borrower shall be deemed in compliance with the requirements of any provision of this paragraph (l) if it is acting in accordance with an opinion of counsel as to such requirements.
Appears in 1 contract
Samples: Variable Funding Loan Agreement (Walter Industries Inc /New/)