Covenants of Wendys Newco and Seller
Covenants of Wendys Newco and Seller Sample Clauses
Related to Covenants of Wendys Newco and Seller
COVENANTS OF BUYER AND SELLER Buyer and Seller agree that:
REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER AND PURCHASER 4.1 To induce Purchaser to enter into this Agreement, Seller hereby makes for the benefit of Purchaser and its assigns with respect to each Mortgage Loan as of the date hereof (or as of such other date specifically set forth in the particular representation and warranty) each of the representations and warranties set forth on Exhibit 2 hereto, except as otherwise set forth on Schedule 2-A attached to such Exhibit 2. In addition, Seller hereby further represents, warrants and covenants to Purchaser as of the date hereof as follows:
COVENANTS OF SELLER AND BUYER Seller and Buyer each covenant with the other as follows:
Covenants of Sellers Sellers agree that:
Covenants of Seller Seller covenants and agrees with Buyer as follows:
Covenants of Parent Parent agrees that:
COVENANTS OF PARENT AND THE COMPANY The parties hereto agree that:
Covenants of Seller Prior to Closing Between the date of this Agreement and the Closing:
Covenants of the Vendor The Vendor covenants and agrees with the Purchaser as follows:
Covenants of Company In the event that any litigation with claims in excess of $1,000,000 to which the Company is a party which shall be reasonably likely to result in a material judgment against the Company that the Company will not be able to satisfy shall be commenced by an Owner, during the period beginning nine months 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 Company, such judgment has been satisfied), the Company shall not make any distribution on or in respect of its membership interests to any of its members, or repay the principal amount of any indebtedness of the Company held by CFC, unless (i) after giving effect to such distribution or repayment, the Company's liquid assets shall not be less than the amount of actual damages claimed in such litigation or (ii) the Rating Agency Condition shall have been satisfied with respect to any such distribution or repayment. The Company will not at any time institute against the Trust any bankruptcy proceedings under any United States federal or state bankruptcy or similar law in connection with any obligations relating to the Certificates, the Notes, this Agreement or any of the Basic Documents.
