REPRESENTATIONS AND WARRANTIES AND COVENANTS 68 Sample Clauses

REPRESENTATIONS AND WARRANTIES AND COVENANTS 68. SECTION 12.1. Representations and Warranties of the Issuer 68 SECTION 12.2. Representations and Warranties of the Servicer 70 SECTION 12.3. Representations and Warranties of the Indenture Trustee 73 SECTION 12.4. Multiple Roles 74 SECTION 12.5. [Reserved] 74 SECTION 12.6. Covenants of the Club Trustee 74 SECTION 12.7. Representations and Warranties of the Backup Servicer 76
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REPRESENTATIONS AND WARRANTIES AND COVENANTS 68. SECTION 12.1. Representations and Warranties of the Issuer 68 SECTION 12.2. Representations and Warranties of the Servicer 70 SECTION 12.3. Representations and Warranties of the Indenture Trustee 73 SECTION 12.4. Multiple Roles 74 SECTION 12.5. [Reserved] 74 SECTION 12.6. Covenants of the Club Trustee 74 SECTION 12.7. Representations and Warranties of the Backup Servicer 76 ARTICLE XIII. MISCELLANEOUS 79 SECTION 13.1. Officer’s Certificate and Opinion of Counsel as to Conditions Precedent 79 SECTION 13.2. Statements Required in Certificate or Opinion 79 SECTION 13.3. Notices 80 SECTION 13.4. No Proceedings 82 SECTION 13.5. Limitation of Liability of Owner Trustee 82
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REPRESENTATIONS AND WARRANTIES AND COVENANTS 68. SECTION 12.1. Representations and Warranties of the Issuer. 68 SECTION 12.2. Representations and Warranties of the Servicer. 70 SECTION 12.3. Representations and Warranties of the Indenture Trustee. 73 SECTION 12.4. Multiple Roles. 74 SECTION 12.5. [Reserved]. 74 SECTION 12.6. Covenants of the Club Trustee. 74 SECTION 12.7. Representations and Warranties of the Backup Servicer. 76 ARTICLE XIII. MISCELLANEOUS 79 SECTION 13.1. Officer’s Certificate and Opinion of Counsel as to Conditions Precedent. 79 SECTION 13.2. Statements Required in Certificate or Opinion. 79 SECTION 13.3. Notices. 80 SECTION 13.4. No Proceedings. 82 SECTION 13.5. Limitation of Liability of Owner Trustee. 82 ARTICLE XIV. REDEMPTION OF NOTES 83 SECTION 14.1. Clean-up Call; Optional Redemption; Election to Redeem. 83 SECTION 14.2. Notice to Indenture Trustee. 83 SECTION 14.3. Notice of Redemption by the Servicer. 83 SECTION 14.4. Deposit of Redemption Price. 83 SECTION 14.5. Notes Payable on Redemption Date. 84 Exhibit A Form of Notes Exhibit B Form of Investor Representation Letter Exhibit C Reserved Exhibit D Form of Monthly Servicer Report Exhibit E Servicing Officer’s Certificate Exhibit F Form of Investor Certification Exhibit G Form of ROAP Waiver Letter Exhibit H Form of Aruba Notice Exhibit I Resort Ratings Exhibit J Collection Policy Exhibit K Credit Policy Annex A Second Amended and Restated Standard Definitions Schedule I Schedule of Timeshare Loans Schedule 12.2(e) Pending Litigation/Proceedings THIRD AMENDED AND RESTATED INDENTURE This THIRD AMENDED AND RESTATED INDENTURE, dated as of August 1, 2010 (this “Indenture”), is among BXG TIMESHARE TRUST I, a statutory trust formed under the laws of the State of Delaware, as issuer (the “Issuer”), BLUEGREEN CORPORATION (“Bluegreen”), a Massachusetts corporation, in its capacity as servicer (the “Servicer”), VACATION TRUST, INC., a Florida corporation, as trustee under the Club Trust Agreement (the “Club Trustee”), CONCORD SERVICING CORPORATION, an Arizona corporation, as backup servicer (the “Backup Servicer”), U.S. BANK NATIONAL ASSOCIATION, a national banking association, as indenture trustee (the “Indenture Trustee”), paying agent (the “Paying Agent”) and as custodian (the “Custodian”) and BRANCH BANKING AND TRUST COMPANY, a North Carolina corporation, as agent of the Purchasers pursuant to the Note Funding Agreement (the “Agent”) and hereby amends and restates in its entirety that certain second amended and restated indenture, d...
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REPRESENTATIONS AND WARRANTIES AND COVENANTS 68. SECTION 12.1.
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Related to REPRESENTATIONS AND WARRANTIES AND COVENANTS 68

  • Representations and Warranties and Covenants 9 4.1 GENERALLY ........................................................... 9 4.2

  • Survival of Representations and Warranties and Covenants All representations and warranties made by the parties hereto, and all covenants and other agreements of the parties hereto, in this Subscription Agreement shall survive the Closing.

  • Representations, Warranties and Covenants The Grantors jointly and severally represent, warrant and covenant to and with the Collateral Agent, for the benefit of the Secured Parties, that:

  • Representations and Warranties and Covenants of the Counterparty (a) The Counterparty represents and warrants to the related Depositor, as of the date on which information is first provided to the related Depositor under Section 2(a)(ii), Section 2(b)(ii) or Section 2(b)(iii)(A), that, except as disclosed in writing the related Depositor prior to such date:

  • Representations, Warranties and Covenants of Company The Company represents and warrants to, and covenants with, the Subscriber as follows:

  • WARRANTIES, REPRESENTATIONS AND COVENANTS Mortgagor warrants, represents and covenants to Mortgagee as follows:

  • Representations, Warranties and Covenants of the Purchaser The Purchaser hereby represents and warrants to, and covenants for the benefit of, the Trust that:

  • Representations and Warranties; Covenants Each of the Seller and the Servicer hereby makes the representations and warranties, and hereby agrees to perform and observe the covenants, applicable to it set forth in Exhibits III and IV, respectively.

  • Representations, Warranties and Covenants of Parent Parent represents, warrants and covenants to Stockholder that, assuming due authorization, execution and delivery of this Agreement by Stockholder, this Agreement constitutes the legal, valid and binding obligation of Parent, enforceable against Parent in accordance with its terms, except (i) to the extent limited by applicable bankruptcy, insolvency or similar laws affecting creditors’ rights and (ii) the remedy of specific performance and injunctive and other forms of equitable relief may be subject to equitable defenses and to the discretion of the court before which any proceeding therefor may be brought. Parent has the corporate power and authority to execute and deliver this Agreement and to perform its obligations hereunder. The execution and delivery by Parent of this Agreement and the consummation by Parent of the transactions contemplated hereby have been duly and validly authorized by Parent and no other corporate proceedings on the part of Parent are necessary to authorize this Agreement or to consummate the transactions contemplated hereby. This Agreement has been duly and validly executed and delivered by Parent.

  • Warranties and Covenants In addition to the representations, warranties and covenants contained in this Agreement, the Seller hereby represents, warrants and covenants to the Issuer as follows on the Closing Date:

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