Common use of Certain Representations Regarding the Trust Estate Clause in Contracts

Certain Representations Regarding the Trust Estate. (a) With respect to that portion of the Collateral described in clauses (a) through (h) of the definition of Trust Estate, the Issuer represents to the Indenture Trustee that: (i) This Indenture creates a valid and continuing security interest (as defined in the applicable UCC) in the Collateral in favor of the Indenture Trustee, which security interest is prior to all other liens and is enforceable as such as against creditors of and purchasers from the Issuer. (ii) In each case, within the meaning of the applicable UCC: (A) the Collateral described in clauses (a) through (c) constitute “deposit accounts” or “instruments,” as applicable; (B) the Collateral described in clause (d) constitutes “real property;”

Appears in 3 contracts

Samples: Indenture (Peoples Choice Home Loan Securities Trust Series 2005-3), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-2), Indenture (Peoples Choice Home Loan Securities Trust Series 2005-4)

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Certain Representations Regarding the Trust Estate. (a) With respect to that portion of the Collateral described in clauses (a) through (h) of the definition of Trust Estate, the Issuer represents to the Indenture Trustee that: (i) This Indenture creates a valid and continuing security interest (as defined in the applicable UCC) in the Collateral in favor of the Indenture Trustee, which security interest is prior to all other liens liens, and is enforceable as such as against creditors of and purchasers from the Issuer. (ii) In each case, within the meaning of the applicable UCC: (A) the Collateral described in clauses (a) through (cd) constitute constitutes “deposit accounts” or “instruments,” as applicable; (B) the Collateral described in clause (de) constitutes “real property;”

Appears in 2 contracts

Samples: Indenture (Homebanc Corp), Indenture (Homebanc Corp)

Certain Representations Regarding the Trust Estate. (a) With respect to that portion of the Collateral described in clauses (a) through (hd) of the definition of Trust Estate, the Issuer Issuing Entity represents to the Indenture Trustee and the Note Insurer that: (i) This Indenture creates a valid and continuing security interest (as defined in the applicable UCC) in the Collateral in favor of the Indenture Trustee, which security interest is prior to all other liens liens, and is enforceable as such as against creditors of and purchasers from the IssuerIssuing Entity. (ii) In each caseThe Collateral constitutes "deposit accounts", "chattel paper", "general intangibles" or "instruments," as applicable, within the meaning of the applicable UCC: (A) the Collateral described in clauses (a) through (c) constitute “deposit accounts” or “instruments,” as applicable; (B) the Collateral described in clause (d) constitutes “real property;”.

Appears in 2 contracts

Samples: Indenture (Origen Manufactured Housing Contract Trust Collateralized Notes, Series 2006-A), Indenture (Origen Residential Securities, Inc.)

Certain Representations Regarding the Trust Estate. (a) With respect to that portion of the Collateral described in clauses (a) through (hg) of the definition of Trust Estate, the Issuer Issuing Entity represents to the Indenture Trustee that: (i) This Indenture creates a valid and continuing security interest (as defined in the applicable UCC) in the Collateral in favor of the Indenture Trustee, which security interest is prior to all other liens liens, and is enforceable as such as against creditors of and purchasers from the IssuerIssuing Entity. (ii) In each case, within the meaning of the applicable UCC: (A) the Collateral described in clauses (a) through (c) constitute “constitutes "deposit accounts" or "instruments," as applicable; (B) the Collateral described in clause (d) constitutes "real property;"

Appears in 1 contract

Samples: Indenture (Merrill Lynch Mortgage Investors Inc)

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Certain Representations Regarding the Trust Estate. (a) With respect to that portion of the Collateral described in clauses (a) through (hi) of the definition of Trust Estate, the Issuer Issuing Entity represents to the Indenture Trustee that: (i) This Indenture creates a valid and continuing security interest (as defined in the applicable UCC) in the Collateral in favor of the Indenture Trustee, which security interest is prior to all other liens liens, and is enforceable as such as against creditors of and purchasers from the IssuerIssuing Entity. (ii) In each case, within the meaning of the applicable UCC: (A) the Collateral described in clauses (a) through (c) constitute constitutes “deposit accounts” or “instruments,” as applicable; (B) the Collateral described in clause (de) constitutes “real property;”

Appears in 1 contract

Samples: Indenture (GSC Capital Corp. Mortgage Trust 2006-1)

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