Beneficial Interest in Warranties Sample Clauses

Beneficial Interest in Warranties. To the extent such designation as beneficiary (or co-beneficiary) is commercially available, SCA (or, at SCA’s election, the New York City Department of Education a/k/a the Board of Education of the City School District of the City of New York) shall be named as beneficiary (or as co-beneficiary, to the extent such warranties cover elements of the core and shell of the Building outside the School Unit) in all warranties received by Developer from contractors and suppliers engaged in performance of the School Base Building Work, including but not limited to the warranties specifically required by the 100% School Base Building CD’s. To the extent commercially available, said warranties shall commence not later than the date of Substantial Completion of the School Base Building Work, and shall continue for at least one (1) year after the date of Substantial Completion of the School Base Building Work. Developer agrees to cooperate fully with SCA (or the New York City Department of Education a/k/a the Board of Education of the City School District of the City of New York) and the Board of Managers in the event that SCA (or the New York City Department of Education a/k/a the Board of Education of the City School District of the City of New York) seeks to enforce its rights with respect to such warranties.
Sample 1
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Related to Beneficial Interest in Warranties

  • REPRESENTATIONS, WARRANTIES OF THE HOLDER The Holder represents and warrants to the Company as follows:

  • REPRESENTATIONS, WARRANTIES OF HOLDER Holder represents and warrants to the Company as follows:

  • Representations and Warranties of Transferor Transferor represents and warrants to Transferee that:

  • Representations and Warranties of Transfer Agent The Transfer Agent represents and warrants to the Company that:

  • Representation, Warranties and Agreements of the Trust The Trust represents, warrants and agrees that:

  • Representations and Warranties of the Depositary The Depositary represents and warrants to, and agrees with, the Company, that this Amendment, when executed and delivered by the Depositary, will be duly and validly authorized, executed and delivered by the Depositary, and it and the Deposit Agreement as amended hereby constitute the legal, valid and binding obligations of the Depositary, enforceable against the Depositary in accordance with their respective terms, subject to bankruptcy, insolvency, fraudulent transfer, moratorium and similar laws of general applicability relating to or affecting creditors’ rights and to general equity principles.

  • Representations and Warranties of Transferee Transferee hereby represents and warrants to Transferor as follows:

  • Account Warranties With respect to Accounts of any Borrower scheduled, listed or referred to on any Accounts Trial Balance as Eligible Accounts or which such Borrower wants Agent to consider as Eligible Accounts, such Borrower warrants and represents to Agent and Lenders that (except as to an aggregate amount of Accounts of all Borrowers not to exceed $250,000 at any time): (i) they are genuine, are in all respects what they purport to be, and are not evidenced by a judgment; (ii) they represent undisputed, bona fide transactions, completed in accordance with the terms and provisions contained in the documents, if any, delivered to Agent and Lenders with respect thereto; (iii) to the best of such Borrower's knowledge the amounts shown on the respective Accounts Trial Balance, such Borrower's books and records and all invoices and statements which may be delivered to Agent and Lenders with respect thereto are actually and absolutely owing to such Borrower and are not in any way contingent; (iv) no payments have been or shall be made thereon except payments immediately (except for payments directed to such Borrower in which event such Borrower shall hold such payments in trust as provided in Subsection 3.6 and so deposit them within one Business Day of such Borrower's receipt thereof) deposited into Lock Box Accounts (as hereinafter defined) or Blocked Accounts (as hereafter defined) or delivered to Agent pursuant to this Agreement; (v) to the best of such Borrower's knowledge there are no setoffs, counterclaims or disputes existing or asserted with respect thereto (except to the extent deducted from the amount of the relevant Account in determining the amount of the relevant Eligible Account) and such Borrower has not made any agreement with any Account Debtor for any deduction therefrom except a discount or allowance allowed by such Borrower in the ordinary course of its business for prompt payment; (vi) to the best of such Borrower's knowledge there are no facts, events or occurrences which in any way impair the validity or enforcement thereof or tend to reduce the amount payable thereunder as shown on the Accounts Trial Balance, such Borrower's books and records and all invoices and statements delivered to Agent with respect thereto; (vii) to the best of such Borrower's knowledge, all Account Debtors have the capacity to contract and are solvent; (viii) the services furnished and/or goods sold giving rise thereto are not subject to any Lien or claim except that of Agent and except as specifically permitted in Subsection 8.1 below; (ix) such Borrower has no knowledge of any fact or circumstance which would impair the validity or collectibility thereof; and (x) to the best of such Borrower's knowledge, there are no proceedings or actions which are threatened or pending against any Account Debtor which might result in any material adverse change in such Account Debtor's financial condition. Each Borrower agrees to notify Agent with respect to any Accounts (except as to Accounts not to exceed $250,000 in the aggregate for all Borrowers at any time outstanding) scheduled on the Accounts Trial Balance with respect to which the warranties in this Subsection 3.3 are not true and which such Borrower, therefore, does not want Agent to consider as Eligible Accounts.

  • Representations, Warranties and Agreements of the Trust The Trust represents, warrants and agrees that:

  • Representations, Warranties and Agreements of the Fund The Fund represents, warrants and agrees that:

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