Certain Representations and Warranties of Trustor Sample Clauses

Certain Representations and Warranties of Trustor. Trustor represents, warrants and covenants that, except as set forth in the Indenture or as previously disclosed to Beneficiary in a writing making reference to this Section 1:
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Certain Representations and Warranties of Trustor. Trustor represents, warrants and covenants that, except as set forth in the Credit Agreement or as previously disclosed to Beneficiary in a writing making reference to this Section 1: (a) Trustor lawfully possesses and holds fee simple title to all of the Land and Improvements; (b) Trustor has or will have good title to all Property other than the Land and Improvements; (c) Trustor has the full and unlimited partnership power, right and authority to encumber the Property and assign the Rents; (d) This Deed of Trust creates a first priority deed of trust lien on the Property, subject only to the Permitted Encumbrances (as defined in the Credit Agreement); (e) The Property includes all property and rights which may be reasonably necessary to promote the present and any reasonable future beneficial use and enjoyment of the Land, the Improvements and the Project; (f) Trustor owns (or, with respect to any Personal Property acquired by Trustor after the date hereof, will own) the Personal Property free and clear of any security agreements, reservations of title or conditional sales contracts and there is no financing statement affecting the Personal Property on file in any public office other than one filed to perfect the security interests herein granted; and (g) Trustor's place of business, or its chief executive office if it has more than one place of business, is located at the address of Trustor specified in the Credit Agreement. 12.
Sample 1

Related to Certain Representations and Warranties of Trustor

  • Certain Representations and Warranties of DST DST represents and warrants to the Fund that:

  • Certain Representations and Warranties of Fund Fund represents and warrants to Service Company that:

  • Representations and Warranties of Trustee The Trustee represents and warrants that:

  • Certain Representations and Warranties of the Sub-Adviser (a) The Sub-Adviser represents and warrants that it is a duly registered investment adviser under the Advisers Act, is a duly registered investment adviser in any and all states of the United States in which the Sub-Adviser is required to be so registered and has obtained all necessary licenses and approvals in order to perform the services provided in this Agreement. The Sub-Adviser covenants to maintain all necessary registrations, licenses and approvals in effect during the term of this Agreement.

  • Certain Representations and Warranties Each of the parties hereto represents and warrants to the other that, as of the date hereof; this Agreement has been duly and validly authorized by all necessary action (corporate, limited liability company or otherwise) on the part of such party, has been duly executed and delivered by such party and constitutes the valid and legally binding obligation of such party, enforceable against such party in accordance with its terms and conditions.

  • Representations and Warranties of the Trust The Trust represents and warrants to the Adviser and the Subadviser as follows:

  • Representations and Warranties of the Trustee The Trustee hereby represents and warrants, to the Master Servicer and the Depositor, as of the Closing Date, that:

  • Representations and Warranties of MSDW TRUST MSDW TRUST represents and warrants to the Fund that:

  • Additional Representations and Warranties of the Trustee (a) The Trustee shall be deemed to represent and warrant to the Company as of the Closing Date and on each date on which information is provided to the Company under Sections 12.01, 12.02(b) or 12.03 that, except as disclosed in writing to the Company prior to such date: (i) it is not aware and has not received notice that any default, early amortization or other performance triggering event has occurred as to any other Securitization Transaction due to any default of the Trustee; (ii) there are no aspects of its financial condition that could have a material adverse effect on the performance by it of its trustee obligations under this Agreement or any other Securitization Transaction as to which it is the trustee; (iii) there are no material legal or governmental proceedings pending (or known to be contemplated) against it that would be material to Certificateholders; (iv) there are no relationships or transactions (as described in Item 1119(b) of Regulation AB) relating to the Trustee with respect to the Company or any sponsor, issuing entity, servicer, trustee, originator, significant obligor, enhancement or support provider or other material transaction party (as each of such terms are used in Regulation AB) relating to the Securitization Transaction contemplated by the Agreement, as identified by the Company to the Trustee in writing as of the Closing Date (each, a "Transaction Party") that are outside the ordinary course of business or on terms other than would be obtained in an arm's length transaction with an unrelated third party, apart from the Securitization Transaction, and that are material to the investors' understanding of the Certificates; and (v) the Trustee is not an affiliate (as contemplated by Item 1119(a) of Regulation AB) of any Transaction Party. The Company shall notify the Trustee of any change in the identity of a Transaction Party after the Closing Date.

  • Limitations on Representations and Warranties Except for the representations and warranties specifically set forth in this Agreement, neither Purchaser nor any of its agents, Affiliates or representatives, nor any other Person, makes or shall be deemed to make any representation or warranty to Seller, express or implied, at law or in equity, with respect to the transactions contemplated hereby, and Purchaser hereby disclaims any such representation or warranty whether by Purchaser or any of its officers, directors, employees, agents or representatives or any other Person.

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