Certification by Trustee. 39 Section 2.07 Designations under REMIC Provisions; Designation of Startup Day............................41 Section 2.08 Execution of Certificates..................................................................48 Section 2.09 Application of Principal and Interest......................................................49 Section 2.10 Grant of Security Interest.................................................................49 Section 2.11 Further Action Evidencing Assignments......................................................49
Certification by Trustee. 63 Section 3.07 Conveyance of the Subsequent Home Equity Loans.................................64 Section 3.08 Custodian......................................................................67 Section 3.09
Certification by Trustee. II-5 2.06 [Intentionally Omitted].....................................II-6 2.07 Authentication of Certificates..............................II-7 2.08 Fees and Expenses of the Trustee............................II-6 2.09 Sale and Conveyance of the Subsequent SBA Loans...................................................II-6 2.10 Optional Purchase of Defaulted SBA Loans....................II-6 ARTICLE III REPRESENTATIONS AND WARRANTIES
Certification by Trustee. 66 ARTICLE IV
Certification by Trustee. 42 Section 2.07 REMIC ........................................... 44 Section 2.08 Execution of Certificates........................ 49 Page Section 2.09 Application of Principal and Interest............ 50
Certification by Trustee. (a) At any time and from time to time after the execution and delivery of this Indenture, and in accordance with the terms hereof, the Issuer may deliver Debentures executed on behalf of the Issuer to the Trustee for certification, pursuant to an Issuer Order applicable thereto and evidence of compliance, if requested by the Trustee, in accordance with section 13.4 and Applicable Law. Upon receipt by the Trustee of an Issuer Order applicable to such Debentures and such evidence of compliance, the Trustee shall certify and deliver such Debentures in the manner specified in such Issuer Order, without receiving any consideration for such certification and delivery.
(b) No Holder shall be entitled to any right or benefit under this Indenture with respect to a Debenture, and such Debenture shall not be valid or binding for any purpose, unless such Debenture has been certified by the Trustee, as evidenced by the manual signature of an authorized officer of the Trustee. Such certification upon any Debenture shall be conclusive evidence, and the only evidence, that such Debenture has been issued under this Indenture.
(c) Debentures bearing the manual signature of an individual who was, at the time that such signature was affixed, an authorized signing officer of the Trustee, shall be valid and binding on the Trustee notwithstanding that such individual ceased to be an authorized signing officer of the Trustee prior to the delivery of such Debentures.
(d) The certification by the Trustee on the Debentures shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or of the Debentures (except in respect of the due certification thereof and any other warranties implied by law) or as to the performance by the Issuer of its obligations under this Indenture and the Trustee shall in no respect be liable or answerable for the use made of the Debentures or any of them or of the proceeds thereof.
Certification by Trustee. (a) No Debt Security shall be issued or shall be obligatory or entitle the holder to the benefit hereof until it has been certified by the Trustee substantially in the following form: TRUSTEE'S CERTIFICATE This is one of the [name of or defined term for Debt Security] referred to in the Indenture within mentioned. CIBC MELLON TRUST COMPANY, Trustee by: ----------------------------------------- Authorized Officer Date of Certification: or in some other form approved by the Trustee. The certification by the Trustee upon any Debt Security shall be conclusive evidence that the Debt Security so certified has been duly issued hereunder and is a valid obligation of the Corporation.
(b) The certificate of the Trustee on Debt Securities issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Indenture or of the Debt Securities (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Debt Securities or any of them or of the proceeds thereof.
Certification by Trustee. (1) No Debenture shall be issued or, if issued, shall be obligatory or entitle the holder to the benefit hereof until it has been certified by or on behalf of the Trustee substantially in the form of the certificate set out in Article Seventeen or in some other form approved by the Trustee and such certification by the Trustee upon any Debenture shall be conclusive evidence as against the Bank that the Debenture so certified has been duly issued hereunder and is a valid obligation of the Bank and that the holder is entitled to the benefit hereof.
(2) The certificate of the Trustee on Debentures issued hereunder shall not be construed as a representation or warranty by the Trustee as to the validity of this Trust Indenture or of the Debentures (except the due certification thereof) and the Trustee shall in no respect be liable or answerable for the use made of the Debentures or any of them or of the proceeds thereof.
Certification by Trustee. (1) No Special Warrant Certificate, notwithstanding that such Special Warrant Certificate has been signed in accordance with Section 2.4, will be issued or, if issued, will be valid or entitle the holder to the benefits hereof until it has been certified by manual or facsimile signature by or on behalf of the Trustee substantially in the form of the certificate set out in Schedule A or in such other form approved by the Trustee. The certification by the Trustee on a Special Warrant Certificate will be conclusive evidence in favour of the Trustee on behalf of the Special Warrantholders as against AltaRex that such Special Warrant Certificate has been duly issued hereunder and if issued, is valid and exercisable, and that the holder thereof is entitled to the benefits hereof.
(2) The certification by the Trustee on any Special Warrant Certificate issued hereunder will not be construed as a representation or warranty by the Trustee as to the validity of this Indenture (except in respect of its due authorization, execution and delivery by, and enforceability against, the Trustee) or such Special Warrant Certificate (except the due certification thereof) or as to the performance by AltaRex of its obligations hereunder, and the Trustee will in no respect be liable or answerable for the use made of any Special Warrant Certificate or of the consideration therefor, except as otherwise specified herein.
Certification by Trustee. 8 2.09 Interim Debentures ............................................ 9 2.10 Issue in Substitution for Lost Debentures ..................... 9 ARTICLE THREE Issue of Series 9 Debentures
