Common use of Representations and Warranties Concerning the Loans Clause in Contracts

Representations and Warranties Concerning the Loans. The Issuer has pledged to the Indenture Trustee for the benefit of the Noteholders and the Swap Counterparties all of its rights under the Transfer and Servicing Agreement and the Transfer Agreement and the Indenture Trustee has the benefit of the representations and warranties made by the Trust Depositor and the Originator, respectively, in such documents concerning the Loans transferred into the Loan Assets and the right to enforce any remedy against the Originator and the Trust Depositor, as applicable, provided in the Transfer and Servicing Agreement and the Transfer Agreement, to the same extent as though such representations and warranties were made directly to the Indenture Trustee.

Appears in 5 contracts

Samples: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)

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Representations and Warranties Concerning the Loans. The Issuer has pledged to the Indenture Trustee for the benefit of the Noteholders and the Swap Counterparties all of its rights under the Transfer and Servicing Agreement and the Transfer Agreement and the Indenture Trustee has the benefit of the representations and warranties made by the Trust Depositor and the Originator, respectively, in such documents document concerning the Loans transferred into the Loan Assets and the right to enforce any remedy against the Originator and the Trust Depositor, as applicable, Depositor provided in the Transfer and Servicing Agreement and the Transfer Agreement, to the same extent as though such representations and warranties were made directly to the Indenture Trustee.

Appears in 2 contracts

Samples: Indenture (American Capital Strategies LTD), Indenture (American Capital Strategies LTD)

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