REPRESENTATIONS AND WARRANTIES 21. 3.1 Mutual Representations and Warranties. 21 3.2 Seller's Further Representations and Warranties. 22
REPRESENTATIONS AND WARRANTIES 21. Section 3.1 Borrower and Borrower Subsidiary Representations, Generally 21
REPRESENTATIONS AND WARRANTIES 21. Section 7.04. Reliance; Advice of Counsel 21 Section 7.05. Not Acting in Individual Capacity 22 Section 7.06. Owner Trustee Not Liable for Trust Certificate, Notes or Contracts 22 Section 7.07. Owner Trustee May Own Trust Certificate and Notes 22 ARTICLE EIGHT COMPENSATION OF OWNER TRUSTEE 23 Section 8.01. Owner Trustee’s Fees and Expenses 23 Section 8.02. Indemnification 23 Section 8.03. Payments to the Owner Trustee 23 ARTICLE NINE TERMINATION OF TRUST AGREEMENT 23 Section 9.01. Termination of Trust Agreement 23 ARTICLE TEN SUCCESSOR OWNER TRUSTEES AND ADDITIONAL OWNER TRUSTEES 24 Section 10.01. Eligibility Requirements for Owner Trustee 24 Section 10.02. Resignation or Removal of Owner Trustee 25 Section 10.03. Successor Owner Trustee 25 Section 10.04. Merger or Consolidation of Owner Trustee 26 Section 10.05. Appointment of Co-Trustee or Separate Trustee 26 ARTICLE ELEVEN MISCELLANEOUS 27
REPRESENTATIONS AND WARRANTIES 21. Section 4.01 Representations and Warranties of the Issuer 21 Section 4.02 Representations and Warranties of the Grantors 24 ARTICLE V REMEDIES 27 [**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. Confidential Treatment Requested: Information for which confidential treatment has been requested is omitted and is noted with asterisks. An unredacted version of this document has been filed separately with the Securities and Exchange Commission.
REPRESENTATIONS AND WARRANTIES 21. Section 4.1. Existence; Power 21
REPRESENTATIONS AND WARRANTIES 21. Section 7.1 Representations, Warranties and Covenants of the Development Owner 21 Section 7.2 Covenants of Construction Completion 26 Section 7.3 Cost Certification 27 ARTICLE VIII RESERVE ACCOUNTS 27 Section 8.1 Replacement Reserve 27 Section 8.2 Funding of Reserve Accounts 27
REPRESENTATIONS AND WARRANTIES 21. Section 7.1 Representations, Warranties and Covenants of the Owner 21 Section 7.2 Covenant; Guaranty of Completion 26 Section 7.3 Covenant; Guaranty of Replacement eserve 27
REPRESENTATIONS AND WARRANTIES 21. 3.1 Mutual Representations and Warranties. 21 3.2 Seller's Further Representations and Warranties. 22 3.3 Designation of Agreement as a Network Resource. 24 3.4 No Other Representations or Warranties. 24 3.5 Continuing Nature of Representations and Warranties; Notice. 24
REPRESENTATIONS AND WARRANTIES 21. Section 4.01 Representations and Warranties of the Borrower 21 ARTICLE V. COVENANTS OF THE BORROWER 24 Section 5.01. Affirmative Covenants 24 Section 5.02. Negative Covenants 29 ARTICLE VI. EVENTS OF DEFAULT AND REMEDIES 32 Section 6.01. Events of Default 32 Section 6.02. Remedies 35 Section 6.03. Remedies Cumulative 35 ARTICLE VII. MISCELLANEOUS 36 Section 7.01. Amendments, etc 36 Section 7.02. Notices, etc 36 Section 7.03. No Waiver; Remedies 36 Section 7.04. Costs, Expenses and Taxes 37 Section 7.05. Right of Set-off 37 Section 7.06. Severability of Provisions 37 Section 7.07. Binding Effect; Successors and Assigns; Participations 38 Section 7.08. Consent to Jurisdiction 38 Section 7.09. Governing Law 39 Section 7.10. Execution in Counterparts 39 Section 7.11. Survival 39 Section 7.12. WAIVER OF JURY TRIAL 39 Section 7.13. Entire Agreement 39
REPRESENTATIONS AND WARRANTIES 21. Section 7.04.
