Common use of Buyer, Seller and Custodian Clause in Contracts

Buyer, Seller and Custodian. Buyer, Seller and Custodian each represents and warrants, which representations and warranties shall be deemed to be repeated on each Purchase Date and each Repurchase Date, that: (i) It is duly organized and existing under the laws of the jurisdiction of its organization with full power and authority to execute and deliver this Custodial Undertaking and to perform all of the duties and obligations to be performed by it hereunder; (ii) This Custodial Undertaking is, and each Transaction (with respect to Buyer and Seller) will be, legally and validly entered into, does not, and will not, violate any ordinance, charter, bylaw, rule or statute applicable to it, and is enforceable in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors’ rights generally; and (iii) The person executing this Custodial Undertaking on its behalf has been duly and properly authorized to do so.

Buyer, Seller and Custodian. Buyer, Seller and Custodian each represents and warrants, which representations and warranties shall be deemed to be repeated on each Purchase Date and each Repurchase Date, that: (i) It is duly organized and existing under the laws of the jurisdiction of its organization with full power and authority to execute and deliver this Custodial Undertaking and to perform all of the duties and obligations to be performed by it hereunder; (ii) This Custodial Undertaking is, and each Transaction (with respect to Buyer and SellerSeller only) will be, legally and validly entered into, does not, and will not, violate any ordinance, charter, bylawby-law, rule or statute applicable to it, and is enforceable in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors’ rights generally; and (iii) The person executing this Custodial Undertaking on its behalf has been duly and properly authorized to do so.

Buyer, Seller and Custodian. Buyer, Seller and Custodian each represents and warrants, which representations and warranties shall be deemed to be repeated on each Purchase Date and each Repurchase Date, that: (i) It is duly organized and existing under the laws of the jurisdiction of its organization with full power and authority to execute and deliver this Custodial Undertaking and to perform all of the duties and obligations to be performed by it hereunder; (ii) This Custodial Undertaking is, and each Transaction (Transaction, with respect to Buyer and Seller) Seller only, will be, legally and validly entered into, does not, and will not, violate any ordinance, charter, bylawby-law, rule or statute applicable to it, and is enforceable in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors’ rights generally; and (iii) The person executing this Custodial Undertaking on its behalf has been duly and properly authorized to do so.

Buyer, Seller and Custodian. Buyer, Seller and Custodian each represents and warrants, which representations and warranties shall be deemed to be repeated on each Purchase Date and each Repurchase Date, that: (i) It is duly organized and existing under the laws of the jurisdiction of its organization with full power and authority to execute and deliver this Custodial Undertaking and to perform all of the duties and obligations to be performed by it hereunder; (ii) This Custodial Undertaking is, and each Transaction (with respect to Buyer and Seller) will be, legally and validly entered into, does not, and will not, violate any ordinance, charter, bylawby-law, rule or statute applicable to it, and is enforceable in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors’ ' rights generally; and (iii) The person executing this Custodial Undertaking on its behalf has been duly and properly authorized to do so.

Buyer, Seller and Custodian. Buyer, Seller and Custodian each represents and warrants, which representations and warranties shall be deemed to be repeated on each Purchase Date and each Repurchase Date, that: (i) It is duly organized and existing under the laws of the jurisdiction of its organization with full power and authority to execute and deliver this Custodial Undertaking and to perform all of the duties and obligations to be performed by it hereunder; (ii) This Custodial Undertaking is, and each Transaction (Transaction, with respect to Buyer and Seller) Seller only, will be, legally and validly entered into, does not, and will not, violate any ordinance, charter, bylawby-law, rule or statute applicable to it, and is enforceable in accordance with its terms, except as may be limited by bankruptcy, insolvency or similar laws, or by equitable principles relating to or limiting creditors’ ' rights generally; and (iii) The person executing this Custodial Undertaking on its behalf has been duly and properly authorized to do so.