Covenants of the Issuer and the Depositor Sample Clauses

Covenants of the Issuer and the Depositor. SECTION 7.01 Information from the Issuer 15 SECTION 7.02 Access to Information 16 SECTION 7.03 Ownership and Security Interests; Further Assurances 16 SECTION 7.04 Covenants 16 SECTION 7.05 Amendments 16 SECTION 7.06 With Respect to the Exempt Status of the Purchased Notes. 16 ARTICLE VIII
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Covenants of the Issuer and the Depositor. SECTION 7.01 Information from the Issuer 16 SECTION 7.02 Access to Information 17 SECTION 7.03 Ownership and Security Interests; Further Assurances 17 SECTION 7.04 Covenants 17 SECTION 7.05 Amendments 17 SECTION 7.06 With Respect to the Exempt Status of the Purchased Notes 17 ARTICLE VIII ADDITIONAL COVENANTS SECTION 8.01 Legal Conditions to Closing 18 SECTION 8.02 Mutual Obligations 18 SECTION 8.03 Restrictions on Transfer 18 ARTICLE IX INDEMNIFICATION SECTION 9.01 Indemnification of Purchaser 18 ARTICLE X LIMITED RECOURSE SECTION 10.01 Limited Recourse 19 ARTICLE XI MISCELLANEOUS SECTION 11.01 Amendments 19 SECTION 11.02 Notices 19 SECTION 11.03 No Waiver; Remedies 19 SECTION 11.04 Binding Effect; Assignability 19 SECTION 11.05 Provision of Documents and Information 20 SECTION 11.06 GOVERNING LAW; JURISDICTION 20 SECTION 11.07 No Proceedings 21 SECTION 11.08 Execution in Counterparts 21 SECTION 11.09 No Recourse - Purchaser and Depositor 21 SECTION 11.10 Survival 21 SECTION 11.11 Tax Characterization 21 SECTION 11.12 Conflicts 22 SECTION 11.13 Limitation on Liability 22 SECTION 11.14 Amendment and Restatement 22 Schedule I Information for Notices Exhibit A Form of Certificate from Closing Attorney Exhibit B Incremental Note AMENDED AND RESTATED NOTE PURCHASE AGREEMENT AMENDED AND RESTATED NOTE PURCHASE AGREEMENT dated as of September 17, 2003 and amended and restated as of October 7, 2004 (as amended, supplemented and otherwise modified from time to time, the “Note Purchase Agreement”), among CapitalSource Funding II Trust (the “Issuer”), CS Funding II Depositor LLC (the “Depositor”), CapitalSource Finance LLC (“CapitalSource”) and Citigroup Global Markets Realty Corp. (“Citigroup,” and in its capacity as Purchaser hereunder, the “Purchaser”). The parties hereto agree as follows:
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Covenants of the Issuer and the Depositor 
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Related to Covenants of the Issuer and the Depositor

  • Covenants of the Depositor The Depositor covenants and agrees with the Underwriters that:

  • Covenants of the Issuer All covenants of the Issuer in this Indenture are covenants of the Issuer and are not covenants of the Owner Trustee. The Owner Trustee is, and any successor Owner Trustee under the Trust Agreement will be, entering into this Indenture solely as Owner Trustee under the Trust Agreement and not in its respective individual capacity, and in no case whatsoever shall the Owner Trustee or any such successor Owner Trustee be personally liable on, or for any loss in respect of, any of the statements, representations, warranties or obligations of the Issuer hereunder, as to all of which the parties hereto agree to look solely to the property of the Issuer.

  • THE SERVICER AND THE DEPOSITOR SECTION 6.01 Liability of the Servicer and the Depositor.

  • THE MASTER SERVICER AND THE DEPOSITOR Section 6.01 Liability of the Master Servicer and the Depositor.

  • Representations, Warranties and Covenants of the Master Servicer and the Depositor (a) The Master Servicer hereby represents and warrants to the Trustee for the benefit of the Certificateholders that:

  • Covenants of the Trust Depositor In the event that any litigation with claims in excess of $1,000,000 to which the Trust Depositor is a party which shall be reasonably likely to result in a material judgment against the Trust Depositor that the Trust Depositor will not be able to satisfy shall be commenced, during the period beginning immediately following the commencement of such litigation and continuing until such litigation is dismissed or otherwise terminated (and, if such litigation has resulted in a final judgment against the Trust Depositor, such judgment has been satisfied), the Trust Depositor shall not pay any dividend to the Servicer, or make any distribution on or in respect of its capital stock to the Servicer, or repay the principal amount of any indebtedness of the Trust Depositor held by the Servicer, unless after giving effect to such payment, distribution or repayment, the Trust Depositor’s liquid assets shall not be less than the amount of actual damages claimed in such litigation.

  • Liability of the Servicer and the Depositor The Servicer shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by Servicer herein. The Depositor shall be liable in accordance herewith only to the extent of the obligations specifically imposed upon and undertaken by the Depositor.

  • Liability of the Master Servicer and the Depositor The Depositor and the Master Servicer each shall be liable in accordance herewith only to the extent of the obligations specifically imposed by this Agreement and undertaken hereunder by the Depositor and the Master Servicer herein.

  • Liability of the Depositor and the Servicer The Depositor and the Servicer shall each be liable in accordance herewith only to the extent of the obligations specifically imposed by this Agreement and undertaken hereunder by the Depositor and the Servicer herein.

  • Concerning the Trustee and the Securities Administrator Events of Default SECTION 6.01 Duties of Trustee and the Securities Administrator.

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