Other Officer's Certificates. On the Delivery Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from each of SSB and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Indenture Trustee), FSB and the Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee and the Owner Trustee) signed by a duly authorized officer of SSB and FSB, respectively, dated the Delivery Date, stating with respect to SSB and the Owner Trustee, with respect to FSB and the Indenture Trustee, with respect to FSB and the Pass Through Trustee or with respect to FSB and the Subordination Agent, as the case may be, that: (i) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB in its individual capacity and as Indenture Trustee, of FSB in its individual capacity and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date); (ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB in its individual capacity or as Indenture Trustee, of FSB in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and (iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 6 contracts
Samples: Participation Agreement (Federal Express Corp), Participation Agreement (Federal Express Corp), Participation Agreement (Federal Express Corp)
Other Officer's Certificates. On the Delivery Certificate Closing Date, the following statements shall be true, and the Lessee, the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from each of SSB and the Owner Trustee (in the case of the Lessee, the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Indenture Trustee), FSB and the Indenture Trustee (in the case of the Lessee, the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the Lessee, the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) ), and FSB and the Subordination Agent (in the case of the Lessee, the LC Bank, the LesseePass Through Trustee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee and the Owner Trustee) ), signed by a duly authorized officer of SSB and FSB, respectively, dated the Delivery Certificate Closing Date, stating with respect to SSB and the Owner Trustee, with respect to FSB and the Indenture Trustee, with respect to FSB and the Pass Through Trustee or with respect to FSB and the Subordination Agent, as the case may be, that:
(i) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB in its individual capacity and as Indenture Trustee, of FSB in its individual capacity and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Certificate Closing Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB in its individual capacity or as Indenture Trustee, of FSB in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereofLiens.
Appears in 2 contracts
Samples: Participation Agreement (Federal Express Corp), Participation Agreement (Federal Express Corp)
Other Officer's Certificates. On the Delivery Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from each of SSB and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Indenture Trustee), FSB and the Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee and the Owner Trustee) signed by a duly authorized officer of SSB and FSB, respectively, dated the Delivery Date, stating with respect to SSB and the Owner Trustee, with respect to FSB and the Indenture Trustee, with respect to FSB and the Pass Through Trustee or with respect to FSB and the Subordination Agent, as the case may be, that:
(i) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB in its individual capacity and as Indenture Trustee, of FSB in its individual capacity and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB in its individual capacity or as Indenture Trustee, of FSB in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 2 contracts
Samples: Participation Agreement (Federal Express Corp), Participation Agreement (Federal Express Corp)
Other Officer's Certificates. On the Delivery Refunding Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent Trustee and the Indenture Trustee shall have received a certificate from each of SSB NBD and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent Pass Through Trustee and the Indenture Trustee), FSB and Chase in its capacity as the entity acting as Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee and the Owner Trustee) and Chase in its capacity as the entity acting as Pass Through Trustee (in the case of the Lessee, the Owner Participant, the Indenture Trustee and the Owner Trustee) signed by a duly authorized officer of SSB NBD and FSBChase, respectively, dated the Delivery Refunding Date, stating with respect to SSB NBD and the Owner Trustee, with respect to FSB Chase (other than in its capacity as a Loan Participant, Agent or Pass Through Trustee) and the Indenture Trustee or Chase (other than in its capacity as a Loan Participant, Agent or Indenture Trustee, with respect to FSB ) and the Pass Through Trustee or with respect to FSB and the Subordination AgentTrustee, as the case may be, that:
(i) the representations and warranties of SSB the Owner Trustee in its individual capacity and as Owner Trustee, of FSB the Indenture Trustee in its individual capacity (other than in its capacity as a Loan Participant, Agent or Pass Through Trustee) and as Indenture Trustee, and of FSB the Pass Through Trustee in its individual capacity (other than in its capacity as a Loan Participant, Agent or Indenture Trustee) and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent Trustee, contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Refunding Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB the Owner Trustee in its individual capacity or as Owner Trusteetrustee, and of FSB the Indenture Trustee in its individual capacity or as Indenture Trustee, of FSB (other than in its individual capacity as a Loan Participant, Agent or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity ) or as Subordination Agenttrustee, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB NBD and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 1 contract
Other Officer's Certificates. On the Delivery Certificate Closing Date, the following statements shall be true, and the Lessee, the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from each of SSB and the Owner Trustee (in the case of the Lessee, the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Indenture Trustee), FSB and the Indenture Trustee (in the case of the Lessee, the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the Lessee, the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) ), and FSB and the Subordination Agent (in the case of the Lessee, the LC Bank, the LesseePass Through Trustee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee and the Owner Trustee) ), signed by a duly authorized officer of SSB and FSB, respectively, dated the Delivery Certificate Closing Date, stating with respect to SSB and the Owner Trustee, with respect to FSB and the Indenture Trustee, with respect to FSB and the Pass Through Trustee or with respect to FSB and the Subordination Agent, as the case may be, that:
(i) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB in its individual capacity and as Indenture Trustee, of FSB in its individual capacity and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Certificate Closing Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB in its individual capacity or as Indenture Trustee, of FSB in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 1 contract
Other Officer's Certificates. On the Delivery Certificate Closing Date, the following statements shall be true, and the Lessee, the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from each of SSB and the Owner Trustee (in the case of the Lessee, the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Indenture Trustee), FSB and the Indenture Trustee (in the case of the Lessee, the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the Lessee, the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) ), and FSB and the Subordination Agent (in the case of the Lessee, the LC Bank, the LesseePass Through Trustee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee and the Owner Trustee) ), signed by a duly authorized officer of SSB and FSB, respectively, dated the Delivery Certificate Closing Date, stating with respect to SSB and the Owner Trustee, with respect to FSB and the Indenture Trustee, with respect to FSB and the Pass Through Trustee or with respect to FSB and the Subordination Agent, as the case may be, that:
(i) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB in its individual capacity and as Indenture Trustee, of FSB in its individual capacity and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB in its individual capacity or as Indenture Trustee, of FSB in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 1 contract
Other Officer's Certificates. On the Delivery Refunding Date, the following statements shall be true, and the LC BankLessee, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from (i) each of SSB and the Owner Trustee (in the case of the LC BankLessee, the LesseeOwner Participant, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Indenture Trustee), FSB and the Indenture Trustee (in the case of the LC BankLessee, the LesseeOwner Participant, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the LC BankLessee, the LesseeOwner Participant, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee, the Indenture Trustee and the Owner Trustee) ), signed by a duly authorized officer of SSB and FSB, respectively, dated the Delivery Refunding Date, stating with respect to SSB and the Owner Trustee, with respect to FSB and the Indenture Trustee, with respect to FSB and the Pass Through Trustee or with respect to FSB and the Subordination Agent, as the case may be, that:
(iA) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB in its individual capacity and as Indenture Trustee, of FSB in its individual capacity and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered at the closing pursuant hereto or thereto are true and correct on and as of the Delivery Refunding Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(iiB) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB in its individual capacity or as Indenture Trustee, of FSB in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iiiC) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting Liens; and (ii) from the Trust Indenture Estate or Owner Trustee Guarantor, signed by a duly authorized officer of the Lessor's Estate or Owner Trustee Guarantor dated the Refunding Date, stating that the representations and warranties of the Owner Trustee Guarantor contained in the Owner Trustee Guaranty and in any part thereofcertificate delivered at the closing pursuant thereto are true and correct on and as of the Refunding Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date).
Appears in 1 contract
Other Officer's Certificates. On the Delivery Refunding Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent Trustee and the Indenture Trustee shall have received a certificate from each of SSB FSB and the Owner Trustee (in the case of the LC BankLessee, the Pass Through Trustee, the Owner Participant and the Indenture Trustee), SSB and the Indenture Trustee (in the case of the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Indenture Trustee), FSB and the Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent Participant and the Owner Trustee), FSB ) and SSB and the Pass Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee Participant and the Owner Trustee) signed by a duly authorized officer of SSB FSB and FSBSSB, respectively, dated the Delivery Refunding Date, stating with respect to SSB FSB and the Owner Trustee, with respect to FSB SSB and the Indenture Trustee, or with respect to FSB SSB and the Pass Through Trustee or with respect to FSB and the Subordination AgentTrustee, as the case may be, that:
(i) the representations and warranties of SSB FSB in its individual capacity and as Owner Trustee, of FSB SSB in its individual capacity and as Indenture Trustee, Trustee and of FSB SSB in its individual capacity and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Refunding Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB FSB in its individual capacity or as Owner Trustee, of FSB SSB in its individual capacity or as Indenture Trustee, Trustee and of FSB SSB in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB FSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 1 contract
Other Officer's Certificates. On the Delivery Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Owner Participant Guarantor, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from each of SSB and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Owner Participant Guarantor, the Subordination Agent and the Indenture Trustee), FSB and the Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Owner Participant Guarantor, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Owner Participant Guarantor, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Owner Participant Guarantor, the Pass Through Trustee and the Owner Trustee) signed by a duly authorized officer of SSB and FSB, respectively, dated the Delivery Date, stating with respect to SSB and the Owner Trustee, with respect to FSB and the Indenture Trustee, with respect to FSB and the Pass Through Trustee or with respect to FSB and the Subordination Agent, as the case may be, that:
(i) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB in its individual capacity and as Indenture Trustee, of FSB in its individual capacity and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered at the closing pursuant hereto or thereto are true and correct on and as of the Delivery Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB in its individual capacity or as Indenture Trustee, of FSB in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 1 contract
Other Officer's Certificates. On the Delivery Refunding Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent Trustee and the Indenture Trustee shall have received a certificate from each of SSB NBD and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent Pass Through Trustee and the Indenture Trustee), FSB and Chase in its capacity as the entity acting as Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee and the Owner Trustee) and Chase in its capacity as the entity acting as Pass Through Trustee (in the case of the Lessee, the Owner Participant, the Indenture Trustee and the Owner Trustee) signed by a duly authorized officer of SSB NBD and FSBChase, respectively, dated the Delivery Refunding Date, stating with respect to SSB NBD and the Owner Trustee, with respect to FSB Chase (other than in its capacity as a Loan Participant, Agent or Pass Through Trustee) and the Indenture Trustee or Chase (other than in its capacity as a Loan Participant, Agent or Indenture Trustee, with respect to FSB ) and the Pass Through Trustee or with respect to FSB and the Subordination AgentTrustee, as the case may be, that:
(i) the representations and warranties of SSB the Owner Trustee in its individual capacity and as Owner Trustee, of FSB the Indenture Trustee in its individual capacity (other than in its capacity as a Loan Participant, Agent or Pass Through Trustee) and as Indenture Trustee, and of FSB the Pass Through Trustee in its individual capacity (other than in its capacity as a Loan Participant, Agent or Indenture Trustee) and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent Trustee, contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Refunding Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date)) ;
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB the Owner Trustee in its individual capacity or as Owner Trusteetrustee, and of FSB the Indenture Trustee in its individual capacity or as Indenture Trustee, of FSB (other than in its individual capacity as a Loan Participant, Agent or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity ) or as Subordination Agenttrustee, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB NBD and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 1 contract
Other Officer's Certificates. On the Delivery Date, the following statements shall be true, and the LC Bank, the Owner ParticipantParticipants, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from each of SSB and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner ParticipantParticipants, the Subordination Agent and the Indenture Trustee), FSB and the Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner ParticipantParticipants, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner ParticipantParticipants, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner ParticipantParticipants, the Pass Through Trustee and the Owner Trustee) signed by a duly authorized officer of SSB and FSB, respectively, dated the Delivery Date, stating with respect to SSB and the Owner Trustee, with respect to FSB and the Indenture Trustee, with respect to FSB and the Pass Through Trustee or with respect to FSB and the Subordination Agent, as the case may be, that:
(i) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB in its individual capacity and as Indenture Trustee, of FSB in its individual capacity and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB in its individual capacity or as Indenture Trustee, of FSB in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 1 contract
Other Officer's Certificates. On the Delivery Certificate Closing Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from each of SSB and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Indenture Trustee), FSB and the Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee, the Indenture Trustee and the Owner Trustee) ), signed by a duly authorized officer of SSB and FSB, respectively, dated the Delivery Certificate Closing Date, stating with respect to SSB and the Owner Trustee, with respect to FSB and the Indenture Trustee, with respect to FSB and the Pass Through Trustee or with respect to FSB and the Subordination Agent, as the case may be, that:
(i) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB in its individual capacity and as Indenture Trustee, of FSB in its individual capacity and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Certificate Closing Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB in its individual capacity or as Indenture Trustee, of FSB in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereofLiens.
Appears in 1 contract
Other Officer's Certificates. On the Delivery Certificate Closing Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent Trustee and the Indenture Trustee shall have received a certificate from each of SSB NBD and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent Pass Through Trustee and the Indenture Trustee), FSB and Chase in its capacity as the entity acting as Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee and the Owner Trustee) and Chase in its capacity as the entity acting as Pass Through Trustee (in the case of the Lessee, the Owner Participant, the Indenture Trustee and the Owner Trustee) signed by a duly authorized officer of SSB NBD and FSBChase, respectively, dated the Delivery Certificate Closing Date, stating with respect to SSB NBD and the Owner Trustee, with respect to FSB Chase (other than in its capacity as Pass Through Trustee) and the Indenture Trustee or Chase (other than in its capacity as Indenture Trustee, with respect to FSB ) and the Pass Through Trustee or with respect to FSB and the Subordination AgentTrustee, as the case may be, that:
(i) the representations and warranties of SSB the Owner Trustee in its individual capacity and as Owner Trustee, of FSB the Indenture Trustee in its individual capacity (other than in its capacity as Pass Through Trustee) and as Indenture Trustee, and of FSB the Pass Through Trustee in its individual capacity (other than in its capacity as Indenture Trustee) and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent Trustee, contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Certificate Closing Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB the Owner Trustee in its individual capacity or as Owner Trusteetrustee, and of FSB the Indenture Trustee in its individual capacity or as Indenture Trustee, of FSB (other than in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity ) or as Subordination Agenttrustee, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB NBD and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 1 contract
Other Officer's Certificates. On the Delivery Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from each of SSB and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Indenture Trustee), FSB and the Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee and the Owner Trustee) signed by a duly authorized officer of SSB and FSB, respectively, dated the Delivery Date, stating with respect to SSB and the Owner Trustee, with respect to FSB and the Indenture Trustee, with respect to FSB and the Pass Through Trustee or with respect to FSB and the Subordination Agent, as the case may be, that:
(i) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB in its individual capacity and as Indenture Trustee, of FSB in its individual capacity and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered at the closing pursuant hereto or thereto are true and correct on and as of the Delivery Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB in its individual capacity or as Indenture Trustee, of FSB in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 1 contract
Other Officer's Certificates. On the Delivery Certificate Closing Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Lessee, the Pass Pass-Through Trustee, the Liquidity Providers, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from each of SSB and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Pass-Through Trustee, the Owner Participant, the Subordination Agent and the Indenture Trustee), FSB FNBM and the Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Pass-Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB FNBM and the Pass Pass-Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) ), and FSB FNBM and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Pass-Through Trustee, the Owner Participant, the Pass Through Indenture Trustee and the Owner Trustee) ), signed by a duly authorized officer of SSB and FSBFNBM, respectively, dated the Delivery Certificate Closing Date, stating with respect to SSB and the Owner Trustee, with respect to FSB FNBM and the Indenture Trustee, with respect to FSB FNBM and the Pass Pass-Through Trustee Trustee, or with respect to FSB FNBM and the Subordination Agent, as the case may be, that:
(i) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB FNBM in its individual capacity and as Indenture Trustee, of FSB FNBM in its individual capacity and as Pass Pass-Through Trustee Trustee, or of FSB FNBM in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Certificate Closing Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes Default or which, but for the lapse of time or the giving of notice, or both, would constitute, Indenture Default exists due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB FNBM in its individual capacity or as Indenture Trustee, of FSB FNBM in its individual capacity or as Pass Pass-Through Trustee, an Event of Default or an Indenture Event of Default or of FSB FNBM in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereofLiens.
Appears in 1 contract
Samples: Participation Agreement (Atlantic Coast Airlines Inc)
Other Officer's Certificates. On the Delivery Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Lessee, the Pass Pass-Through Trustee, the Owner Trustee, the Subordination Agent and the Indenture Trustee shall have received a certificate from each of SSB and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Pass-Through Trustee, the Owner Participant, the Subordination Agent and the Indenture Trustee), FSB FNBM and the Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Pass-Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB FNBM and the Pass Pass-Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) ), and FSB FNBM and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Pass Pass-Through Trustee and the Owner Trustee) ), signed by a duly authorized officer of SSB SS and FSBFNBM, respectively, dated the Delivery Date, stating with respect to SSB and the Owner Trustee, with respect to FSB FNBM and the Indenture Trustee, with respect to FSB FNBM and the Pass Pass-Through Trustee Trustee, or with respect to FSB FNBM and the Subordination Agent, as the case may be, that:
(i) the representations and warranties of SSB in its individual capacity and as Owner Trustee, of FSB FNBM in its individual capacity and as Indenture Trustee, of FSB FNBM in its individual capacity and as Pass Pass-Through Trustee Trustee, or of FSB FNBM in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes Default or which, but for the lapse of time or the giving of notice, or both, would constitute, Indenture Default exists due to any action or omission on the part of SSB in its individual capacity or as Owner Trustee, of FSB FNBM in its individual capacity or as Indenture Trustee, of FSB FNBM in its individual capacity or as Pass Pass-Through Trustee, an Event of Default or an Indenture Event of Default or of FSB FNBM in its individual capacity or as Subordination Agent, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 1 contract
Samples: Participation Agreement (Atlantic Coast Airlines Inc)
Other Officer's Certificates. On the Delivery Date, the following statements shall be true, and the LC Bank, the Owner Participant, the Lessee, the Pass Through Trustee, the Owner Trustee, the Subordination Agent Trustee and the Indenture Trustee shall have received a certificate from each of SSB NBD and the Owner Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent Pass Through Trustee and the Indenture Trustee), FSB and Chase in its capacity as the entity acting as Indenture Trustee (in the case of the LC Bank, the Lessee, the Pass Through Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee), FSB and the Pass Through Trustee (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Subordination Agent and the Owner Trustee) and FSB and the Subordination Agent (in the case of the LC Bank, the Lessee, the Indenture Trustee, the Owner Participant, the Pass Through Trustee and the Owner Trustee) and Chase in its capacity as the entity acting as Pass Through Trustee (in the case of the Lessee, the Owner Participant, the Indenture and the Owner Trustee) signed by a duly authorized officer of SSB NBD and FSBChase, respectively, dated the Delivery Date, stating with respect to SSB NBD and the Owner Trustee, with respect to FSB Chase (other than in its capacity as Pass Through Trustee) and the Indenture Trustee or Chase (other than in its capacity as Indenture Trustee, with respect to FSB ) and the Pass Through Trustee or with respect to FSB and the Subordination AgentTrustee, as the case may be, that:
(i) the representations and warranties of SSB the Owner Trustee in its individual capacity and as Owner Trustee, of FSB the Indenture Trustee in its individual capacity (other than in its capacity as Pass Through Trustee) and as Indenture Trustee, and of FSB the Pass Through Trustee in its individual capacity (other than in its capacity as Indenture Trustee) and as Pass Through Trustee or of FSB in its individual capacity and as Subordination Agent contained in this Agreement, the Lease, the Trust Agreement and the Indenture and in any certificate delivered pursuant hereto or thereto are true and correct on and as of the Delivery Date as though made on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date, in which case such certificate shall state that such representations and warranties were true and correct on and as of such earlier date);
(ii) to the best of its knowledge, no event has occurred and is continuing, which constitutes or which, but for the lapse of time or the giving of notice, or both, would constitute, due to any action or omission on the part of SSB the Owner Trustee in its individual capacity or as Owner Trusteetrustee, and of FSB the Indenture Trustee in its individual capacity or as Indenture Trustee, of FSB (other than in its individual capacity or as Pass Through Trustee, an Event of Default or an Indenture Event of Default or of FSB in its individual capacity ) or as Subordination Agenttrustee, an Event of Default or an Indenture Event of Default; and
(iii) there are no Lessor's Liens attributable to the Owner Trustee or SSB NBD and no Indenture Trustee's Liens affecting the Trust Indenture Estate or the Lessor's Estate or any part thereof.
Appears in 1 contract