Representations and Warranties of Custodian. Custodian represents and warrants to and covenants with MLCC as follows: (a) Custodian is a corporation duly incorporated, validly existing and in good standing under the laws of Minnesota. (b) Custodian has full corporate power to execute, deliver and perform the obligations under this Agreement. MLCC may rely on the actions of Custodian without further inquiry. No additional consent, authorization, or regulatory filing is required in order for Custodian to legally perform its obligations. (c) This agreement constitutes a legal, valid and binding obligation of Custodian, enforceable against Custodian in accordance with the terms herein except as limited by bankruptcy, insolvency, liquidation or other similar laws affecting generally the enforcement of creditor's rights.
Appears in 15 contracts
Samples: Trust Agreement (Merrill Lynch Mortgage Investors Inc), Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust, Series MLCC 2004-F), Trust Agreement (Merrill Lynch Mort Investors Inc Trust Series MLCC 2003-D)
Representations and Warranties of Custodian. Custodian represents and warrants to and covenants with MLCC as follows:
(a) Custodian is a corporation duly incorporated, validly existing and in good standing under the laws of Minnesota.
(b) Custodian has full corporate power to execute, deliver and perform the obligations under this Agreement. MLCC may rely on the actions of Custodian without further inquiry. No additional consent, authorization, or regulatory filing is required in order for Custodian to legally perform its obligations.
(c) This agreement constitutes a legal, valid and binding obligation of Custodian, enforceable against Custodian in accordance with the terms herein except as limited by bankruptcy, insolvency, liquidation or other similar laws affecting generally the enforcement of creditor's rights.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Merrill Lynch Mortgage Investors Trust Series MLCC 2004-D)
Representations and Warranties of Custodian. Custodian represents and warrants to and covenants with MLCC [ ] as follows:
(a) Custodian is a corporation duly incorporated, validly existing and in good standing under the laws of Minnesota.
(b) Custodian has full corporate power to execute, deliver and perform the obligations under this Agreement. MLCC [ ] may rely on the actions of Custodian without further inquiry. No additional consent, authorization, or regulatory filing is required in order for Custodian to legally perform its obligations.
(c) This agreement constitutes a legal, valid and binding obligation of Custodian, enforceable against Custodian in accordance with the terms herein except as limited by bankruptcy, insolvency, liquidation or other similar laws affecting generally the enforcement of creditor's rights.
Appears in 1 contract
Samples: Trust Agreement (Merrill Lynch Mortgage Investors Inc)